N.J. Admin. Code § 7:5D-7.1 - Review of Department-funded construction projects affecting designated trails
(a) The Department
shall assess all proposed construction projects partially or wholly funded by
the Department that temporarily or permanently cross, directly border upon, or
interrupt use of a designated trail right-of-way or its facilities to determine
the project's potential impact on the trail, trail users, associated facilities
and adjacent property owners.
(b)
It is the Department's policy to incorporate, through a memorandum of
understanding if appropriate, an informal analysis of the impact of a proposed
project on designated trails into its review of non-Department-funded
construction projects under its other regulatory programs. The Department may
require permittees to take measures to mitigate the impact of proposed projects
on designated trails if such measures are consistent with the statutory and
regulatory authority governing the permit program.
(c) The Department's review under (a) or (b)
above shall assess the following:
1. The
location and nature of the proposed project, including the length of time the
project is expected to be under construction;
2. The potential impacts of the proposed
project on the trail, including, but not limited to, soil erosion, sediment
deposition, degradation of water quality, flooding, safety and health hazards,
destruction or degradation of natural, historic or cultural resources, or
disruption of scenic values; and
3.
Proposed or potential methods for mitigating or remediating the proposed
project's impacts on the trail.
(d) The Division, with the advice of the
Council, shall review a proposed Department-funded construction project within
90 days of receipt of the project plans from the Department's funding program
and shall provide a recommendation on the proposed project to the
Commissioner.
(e) The Commissioner
shall review the recommendation of the Division made under (d) above and shall
take one of the following actions on the recommendation:
1. If the Commissioner determines that the
proposed Department-funded construction project will temporarily interfere with
the trail right-of-way, the Commissioner may require, as a condition of
Department funding, mitigation measures to maintain or relocate the trail and
its facilities in a manner consistent with the designated classification of the
trail during the period of construction or permanently thereafter; or
2. If the Commissioner determines that the
proposed Department-funded construction project will permanently interfere with
the trail right-of-way or its uses, thereby rendering the trail unsuitable for
its designated purposes, and that no satisfactory remediation or mitigation is
possible, the Commissioner may disapprove use of the trail for the proposed
project. Remediation for permanent interference with the trail right-of-way may
include relocation of the trail right-of-way in a manner consistent with
7:5D-5.1 and 5.2.
(f) Emergency measures to protect
public health, safety and welfare may be undertaken in the trail right-of-way
without prior review by the Department. However, persons or organizations
undertaking such measures must notify the Division in writing within 24 hours
of commencing such measures.
Notes
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