Current through Register Vol. 56, No. 18, September 16, 2024
(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)1 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 501-01, 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.
