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

N.J. Admin. Code § 7:5D-7.1