Sunset in the Pinelands by Karen Crisfulla
Policy Notes: July 2025
Animals protections receive updates, while plant protections remain stagnant. Advocates ask the Pinelands Commission to lead with the science and provide equal protections for plants and animals. Policy Notes are designed to update the public on the activities of the Pinelands Commission, which have been summarized by Pinelands Preservation Alliance staff who attend all public meetings of the Commission.
When Following the Rules Still Fails: The Case for Updating Pinelands Plant Protections
Imagine being given an important job, and doing everything by the book—carefully following protocols, checking every box, and fulfilling your role exactly as instructed. But when it’s time to evaluate the impact, you realize your efforts made little difference. Why? Because the list you were told to prioritize was outdated. You spent your time on lower-priority tasks, while the most urgent needs weren’t even included. Do you congratulate yourself for following flawed instructions? Or do you fix the system so your work is more effective next time?
This hypothetical example has parallels to what’s happening in the New Jersey Pinelands. Developers can meet every requirement and still destroy fragile plant habitats—not because they’re breaking the rules, but because the rules haven’t kept up with science. It’s a system that gives the illusion of protection while letting real losses slip through the cracks.
The Case for Updating the Pinelands Plant Protection List
At last Friday’s meeting of the Pinelands Commission, staff gave an update on the Northern Scarlet Snake, which was recently added to New Jersey’s list of Threatened species. Because of this change, a pending application had to be revised to account for the species’ new status—an encouraging sign that the Commission is responsive to updated science when it comes to animal protections.
During public comment, PPA staff expressed support for this responsiveness. But we also pointed out a glaring gap: the same commitment to science and conservation is not being applied to rare plants. While the animal protection list can change as needed, the Commission still relies on a static list of 54 plant species, with no established process for regular updates. This failure to act on the latest ecological data does a disservice to the Pinelands ecosystem, and undermines the Commission’s credibility as a science-based regulatory body.
Biodiversity Is Not Static—Our Protections Shouldn’t Be Either
Nature doesn’t stand still. Some plant species that were once abundant are now in decline. Others that were once considered rare are recovering. Yet the Commission’s refusal to update its list of protected plant species means we’re protecting an outdated snapshot of ecological risk. This lack of action is inexcusable in the face of mounting threats from climate change, habitat fragmentation, and unchecked development.
What’s needed is simple:
- Update the list now to reflect the best available science.
- Adopt a mechanism to keep it current, such as referencing the NJDEP’s Natural Heritage Program.
The Natural Heritage S-ranks (for example, S1 “Critically imperiled” and S3 “Vulnerable”) are the most reliable indicators we have for assessing the degree of imperilment for plant species in New Jersey. These ranks reflect real-world conditions on the ground—yet many plants that are critically imperiled or rare according to these rankings remain unprotected in the Pinelands due to bureaucratic inertia.
Digging Into the Data on Rare Plants
PPA is a member of the NJ Plant Partnership, which has been coordinating among conservation groups, academic institutions, and governmental agencies to raise awareness about rare plants.
Our preliminary analysis of data from NJDEP’s Natural Heritage Program shows that most of the rare plants that aren’t currently protected in the Pinelands are wetlands species. The implication of this is that adding new protected species would primarily limit developers’ ability to obtain reduced wetland buffers, but would not significantly impact development potential outside of these buffers.
What’s more surprising is that rare species have been documented across all types of management areas. This shows that the land capability map is not a reliable indicator of where rare species are likely to occur, so explicit field surveys are still needed to confirm when rare plants are present.
The Real Obstacle: Fear of Backlash from Developers
Over the years, we’ve learned that the Commission’s reluctance to update the plant list is not about feasibility—it’s about fear. Staff and decision-makers have expressed concern that a longer list of protected plants will be viewed as too burdensome by the development community. But cutting corners to appease developers is not a valid justification for ignoring science.
We see something similar playing out in real-time with the NJ PACT REAL rules, as Governor Murphy’s administration is being bullied into downgrading the amount of sea level rise that builders will need to prepare for. Fudging the numbers in New Jersey won’t reduce the risk, and only serves to endanger people, because paper promises can’t keep the water out.
A Simple Fix That Aligns with Other Regional Standards
The Pinelands Comprehensive Management Plan (CMP) was created to protect the natural resources of the Pinelands. Rule N.J.A.C. 7:50-6.27 specifically prohibits development that would harm endangered or designated rare plants. But when the list is out of date, the rule becomes hollow, leaving species that meet the intent of the CMP protections completely unguarded.
We are calling on the Pinelands Commission to amend section 7:50-6.27 to say:
“No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of those plants listed by the New Jersey Natural Heritage Program as ‘Endangered Plant Species and Plant Species of Concern’.”
This change would bring the Pinelands rules in line with the New Jersey Highlands protection standards and ensure that all rare species of conservation concern receive the protection they deserve.
Read more about our advocacy for plant protections to be updated and strengthened at both the Pinelands Commission and the state level here.
Hundreds show their support for Redesignation of the headwaters of the Black Run Preserve
The Pinelands Commission held a virtual public hearing on the recently-proposed Pinelands CMP amendments that would redesignate the headwaters of the Black Run Preserve in Evesham Township as Forest Area. About 30 residents joined PPA for an in-person option at the Pine Tree Center, while dozens of others called in. Recent social media posts on TikTok and Instagram from supporters garnered responses from over 10,000 people who contacted the Pinelands Commission and Evesham Township directly. Comments on the amendments will continue to be accepted through August 15, 2025.
Read more about this issue on our dedicated webpage.
Pinelands Municipal Council Watch
Months since the council last met: 32