N.J. Admin. Code § 7:5D-5.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:5D-5.2 - Public information

(a) Any Federal or State agency, local unit, private organization or person may submit to the Department a request for designation of a trail to the State Trails System in accordance with the criteria for eligibility set forth at (d)l through 7 below. The trail designation request shall also include documentation prepared to support eligibility for designation in accordance with (e) below. The trail designation request shall be submitted to the Department at the following address; State Trails System, Green Acres Program, Department of Environmental Protection, Mailcode 401-07B, PO Box 420, Trenton, New Jersey 08625-0420.

(b) The Division, with the advice of the Council, shall evaluate the request for designation and the eligibility of each trail according to the criteria at 7:5D-5.1 and this section. If the Division determines that the trail meets the qualifications for designation and the criteria for eligibility, the Division shall prepare a recommendation for the Commissioner's review evaluating the proposed trail's suitability for designation and recommending that the Commissioner approve or disapprove the proposed trail designation.

(c) The Commissioner shall review all trail designation recommendations submitted by the Division and shall take one of the following actions on each proposal:

1. Propose the trail designation and designated uses of the trail as an amendment to N.J.A.C. 7:7D-8.1;

2. Request that the Division reconsider its recommendations and resubmit the proposal to the Commissioner's review; or

3. Reject the proposed trail designation.

(d) A proposal to designate a trail to the System shall be based on the following eligibility criteria:

1. Scenic Quality: The presence of high quality or rare natural features, vistas, historical or cultural features or other points of interest that can be signed or visited along the trail;

2. Accessibility: The availability of access points for vehicles, trailers or disabled trail users along or adjacent to the trail right-of-way. Water trail rights-of-way shall have public access at both ends of the trail and at areas where portage is required;

3. Length: Trails shall be a minimum of five miles in length to be eligible for consideration as scenic trails, but this criterion may be satisfied by segments or components of a group of trails totalling five miles or more. Recreation or connecting trails are not subject to a length criterion;

4. Multiple Use: Trails which are managed in a safe and environmentally protective manner to accommodate more than one type of trail use are preferred for designation to those which can support only a single use;

5. Development and Maintenance Costs: Trails which require little capital development or reconstruction of areas critical to the purpose of the trail are preferred to those which require extensive time and cost to develop and maintain;

6. Public Support: Public input and recommendations from counties, municipalities, private citizens' groups or other persons indicating endorsement of or opposition to future trail designation; and

7. Environmental Impact: Trail development will cause minimal erosion or destruction of plant, animal, historic or cultural resources unless no alternative routes are available.

(e) Eligibility for designation to the system shall be determined by the Department based on the submittal of the following documentation:

1. A written narrative description of the trail area and trail right-of-way, including a description of the length, surrounding land use, physical condition, and need for land acquisition and/or development for the proposed trail, and a description of public support of or opposition to the proposed trail;

2. A United States Geological Survey 7.5 minute quadrangle map marked to show the location of the proposed trail;

3. A written evaluation of whether the proposed trail should be designated as a scenic trail, recreation trail or connecting trail as set forth at N.J.A.C. 7:5D-4;

4. A written statement of how the proposed trail meets the qualifications for designation under 7:5D-5.1 and the criteria for eligibility under 7:5D-5.2(c);

5. A listing and justification of proposed uses for the trail upon designation; and

6. If the person proposing the trail designation is not the administering agency for the trail, a letter from the administering agency supporting the designation proposal.

N.J. Admin. Code § 7:5D-5.2

Amended by R.2000 d.156, effective 4/17/2000.
See: 32 N.J.R. 348(a), 32 N.J.R. 1380(c).
Rewrote the section.
Amended by R.2011 d.104, effective 4/4/2011.
See: 42 N.J.R. 2357(a), 43 N.J.R. 832(a).
In (a), updated the address.

Amended by 56 N.J.R. 1975(a), effective 10/7/2024