N.J. Admin. Code § 7:13-7.60 - Permit-by-rule 60-construction of a fence along and/or across a regulated water to manage livestock

(a) Permit-by-rule 60 authorizes the construction of a fence along and/or across a regulated water on actively farmed land, in order to limit or manage livestock access to a regulated water and/or to prevent livestock or other animals from accessing certain areas, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. All work is approved by and performed under the supervision of the USDA Natural Resource Conservation Service and/or local Soil Conservation District;

2. Any fence crossing or situated within a regulated water, or located in a floodway, has sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as a barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement.

3. No trees are cleared, cut, and/or removed in a riparian zone, except where necessary to accommodate the placement of a fence across a regulated water;

4. Except in the immediate vicinity of any fence crossing a regulated water, the fence is placed generally parallel to the regulated water; and

5. No more than 2,000 square feet of riparian zone vegetation is cleared, cut, and/or removed.

Notes

N.J. Admin. Code § 7:13-7.60

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016