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N.J. Stat. Ann. § 23:2A-23

Rules and regulations

L.2025, c.290, s.7.

7. a. No later than 12 months after the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in consultation with the Department of Agriculture, rules and regulations to implement the provisions of this act. The rules and regulations shall establish: (1) a list of invasive species and a list of prohibited invasive species, with consideration to any recommendations provided by the New Jersey Invasive Species Council; and (2) a process for granting a conditional use waiver for a prohibited invasive plant species for a specific stated purpose under strict and closely controlled conditions. The department shall prioritize the review of waivers identified by the Department of Agriculture as related to the agricultural or the horticultural industry and shall seek concurrence from the Department of Agriculture when granting agricultural conditional use waivers for prohibited invasive plant species.

b. No later than 36 months after the effective date of this act, and every three years thereafter, the department shall review the latest scientific recommendations from the council and revise the list of invasive species and prohibited invasive species, as appropriate.

c. The department shall create a central clearinghouse of information on its Internet website with: (1) a list of invasive species established pursuant to this act with information about how to identify the species, best practices for control or eradication, and, where possible, alternative native species for planting; (2) links to other existing categories of species management and regulation, including, but not limited to, injurious insects, noxious weeds, potentially dangerous species, and federally regulated species; (3) links to the department's native species list. The Department of Agriculture and the Department of Environmental Protection shall establish links from their Internet websites to the council's website or otherwise incorporate the same information on each agency's website.

d. The department may impose fees on persons who apply for a conditional use waiver, pursuant to this act, in order to cover its administrative costs incurred in implementing the provisions of this act. All fees collected under this act shall be paid into the State Treasury and shall be appropriated to the department for use in implementing the provisions of this act.

Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.