CHAPTER 113

 

An Act concerning soil restoration measures and amending and supplementing P.L.1975, c.251.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1975, c.251 (C.4:24-41) is amended to read as follows:

 

C.4:24-41  Definitions.

     3.    For the purposes of this act, unless the context clearly indicates a different meaning:

     a.     "Application for development" means a proposed subdivision of land, site plan, conditional use zoning variance, planned unit development or construction permit.

     b.    "Certification" means (1) a written endorsement of a plan for soil erosion and sediment control by the local Soil Conservation District which indicates that the plan meets the standards promulgated by the State Soil Conservation Committee pursuant to this act, (2) that the time allotted in section 7 of this act has expired without action by the district or (3) a written endorsement of a plan filed by the State Department of Transportation with the district.

     c.     "District" means a Soil Conservation District organized pursuant to chapter 24 of Title 4 of the Revised Statutes.

     d.    "Disturbance" means any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion, or compaction of soil which degrades soil so as to make it less conducive to vegetative stabilization.

     e.     "Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

     f.     "Plan" means a scheme which indicates land treatment measures, including a schedule of the timing for their installation, to minimize soil erosion and sedimentation, and which specifies the soil restoration measures, consistent with the standards established by the committee pursuant to section 2 of P.L.2010, c.113 (C.4:24-42.1).

     g.     "Project" means any disturbance of more than 5,000 square feet of the surface area of land (1) for the accommodation of construction for which the State Uniform Construction Code would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this act unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single-family dwelling units, (2) for the demolition of one or more structures, (3) for the construction of a parking lot, (4) for the construction of a public facility, (5) for the operation of any mining or quarrying activity, or (6) for the clearing or grading of any land for other than agricultural or horticultural purposes.

     h.     "Sediment" means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

     i.      "Soil" means all unconsolidated mineral and organic material of any origin.

     j.     "Standards" means the standards promulgated by the committee pursuant to this act.

     k.    "Committee" means the State Soil Conservation Committee in the Department of Agriculture established pursuant to R.S.4:24-3.

     l.      "Public facility" means any building; pipeline; highway; electricity, telephone or other transmission line; or any other structure to be constructed by a public utility, municipality, county or the State or any agency or instrumentality thereof.

     m.    “Soil restoration measures” means those measures taken to ensure, to the maximum extent possible, cost-effective restoration of the optimal physical, chemical, and biological functions for specific soil types and the intended land use.

 

C.4:24-42.1  Adoption of standards.

     2.    The committee shall, within one year after the date of enactment of P.L.2010, c.113 (C.4:24-42.1 et al.), and in consultation with the New Jersey Agricultural Experiment Station at Rutgers, the State University, the Secretary of Agriculture and the Commissioner of Environmental Protection, adopt standards pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), which shall modify the existing soil erosion and sediment control standards to include soil restoration measures.

 

     3.    This act shall take effect on the first day of the 13th month after the date of enactment.

 

     Approved January 5, 2011.