N.J. Admin. Code § 7:38-3.1 - Scope and applicability

Current through Register Vol. 54, No. 7, April 4, 2022

(a) In accordance with the Highlands Act at 13:20-32, the Department shall issue an HPAA only if the proposed development or activity satisfies all the requirements in this subchapter and 7:38-6.2.
(b) An applicant is subject to the standards in this subchapter if any of the environmental resources described in this subchapter existed on a lot on August 10, 2004. If a resource appears on photographs from the Department's 2002 aerial overflight of the State, the Department shall assume the resource existed on the lot on August 10, 2004. An applicant may rebut this presumption by providing the Department credible proof that the resource was lawfully disturbed before August 10, 2004.


N.J. Admin. Code § 7:38-3.1
Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (b), substituted "disturbed" for "removed from the lot".

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