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Pinelands staff outline T&E survey practice; commissioners debate a consultant list or Commission'assigned consultants
Summary
Staff described how the Commission decides when threatened and endangered species surveys are needed, reported that about 10% of new applications required surveys in 2023'—24, and prompted a debate over whether the Commission should maintain a list of qualified consultants, assign consultants, or keep applicant-selected consultants with stronger CMP protocols.
Chuck Palmer, director of the Pinelands Commission permitting department, and Rhonda Ward, a 27'year Commission staff member, presented the committee with a detailed overview of how the Commission currently administers threatened and endangered (T&E) species protections and the practical trade'offs of different survey approaches.
The presenters explained the regulatory distinction in the CMP between plants (where the Commission protects a "local population") and animals (where the focus is on "critical habitat" such as denning, overwintering or nesting areas). Palmer used the Legler Landfill solar project and golden aster example to show how the Commission balanced removing several thousand plants while protecting a larger remaining population on the same parcel.
How staff decide when to require surveys: Palmer said staff consider multiple factors when deciding whether a survey is needed: whether point data or sightings exist; habitat type on the parcel; presence of wetlands or buffers; and results of a site inspection. "We identify those threatened and endangered plants and animals that an application has to address," he said, describing a selective, evidence'based practice rather than a blanket requirement.
Frequency and cost: Staff reported that roughly 10% of new applications in calendar years 2023'—24 were required to complete T&E surveys; they cautioned the figure excludes some older, reactivated approvals and projects that rely on buffers rather than surveys. They emphasized snake surveys are the most costly (two seasons, drift fences, daily trap checks) and can cost many thousands of dollars, while many bird and treefrog surveys are seasonally constrained and less expensive.
No fixed protection period after a negative survey: Palmer said the CMP does not guarantee a time-limited protection after a negative survey; staff may require additional work if new evidence arises. He recounted a past case in Evesham Township where a previously approved project later encountered timber rattlesnakes, sparking litigation and a subsequent settlement to protect habitat.
Consultant list and assignment debate: The presenters outlined options and their trade'offs: maintain a Commission list of consultants (risks: perceived endorsement, litigation exposure), require standardized protocols and qualification criteria (would likely require CMP amendments or clear procedural guidance), or have the Commission assign or perform surveys (would require escrow/fee schedule, invoicing procedures, and significant staff time). Several commissioners and public commenters favored a middle path: stronger CMP guidance on protocols and qualifications and a publicly available list of consultants with prior work but without formal endorsement. Some public commenters (Pinelands Preservation Alliance) urged the Commission to reduce conflicts of interest by assigning or subcontracting surveys for large or sensitive projects.
Committee direction: Commissioners generally agreed the topic is complex and that objective protocols and clearer qualification criteria would increase defensibility of survey results. Several suggested drafting CMP amendments or procedural guidance to standardize protocols and minimum content for survey reports so that conclusions are more consistently defensible in disputes. No formal decision to change current practice was made at the meeting.
Public comment: During the public'comment period, Jason Howell (Pinelands Preservation Alliance) urged the Commission to prioritize its preservation mission and recommended a hybrid approach in which the Commission acquires independent survey capacity or assigns vetted consultants for sensitive projects. Other commenters echoed the need for better verification of consultant qualifications and more Commission oversight on the largest, most consequential projects.
