New Jersey § 13:20-34

§ 13:20-34.

a. The Commissioner of Environmental Protection shall review filed applications for

Highlands permitting reviews, including any information presented at public hearings

or during a comment period, or submitted during the application review period. Except as otherwise provided by subsection b. of this section, a Highlands permitting

review approval may be issued only upon a finding that the proposed major Highlands

development: (1) would have a de minimis impact on water resources and would not cause or contribute

to a significant degradation of surface or ground waters. In making this determination, the commissioner shall consider the extent of any

impacts on water resources resulting from the proposed major Highlands development,

including, but not limited to, the regenerative capacity of aquifers or other surface

or ground water supplies, increases in stormwater generated, increases in impervious

surface, increases in stormwater pollutant loading, changes in land use, and changes

in vegetative cover; (2) would cause minimal feasible interference with the natural functioning of animal,

plant, and other natural resources at the site and within the surrounding area, and

minimal feasible individual and cumulative adverse impacts to the environment both

onsite and offsite of the major Highlands development; (3) will result in minimum feasible alteration or impairment of the aquatic ecosystem

including existing contour, vegetation, fish and wildlife resources, and aquatic circulation

of a freshwater wetland; (4) will not jeopardize the continued existence of species listed pursuant to “The

Endangered and Nongame Species Conservation Act,” P.L.1973, c. 309 ( C.23:2A-1 et seq. ) or the “Endangered Plant Species List Act,” P.L.1989, c. 56 ( C.13:1B-15.151 et seq. ), or which appear on the federal endangered or threatened species list, and will

not result in the likelihood of the destruction or adverse modification of habitat

for any rare, threatened, or endangered species of animal or plant; (5) is located or constructed so as to neither endanger human life or property nor

otherwise impair the public health, safety, and welfare; (6) would result in minimal practicable degradation of unique or irreplaceable land

types, historical or archeological areas, and existing public scenic attributes at

the site and within the surrounding area; and (7) meets all other applicable department standards, rules, and regulations and State

laws. b. A Highlands permitting review approval may be issued to a major Highlands development

granted a waiver pursuant to the provisions of subsection b. of section 35 of this

act notwithstanding the inability to make the finding required pursuant to subsection

a. of this section.