New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 5D - STATE TRAILS SYSTEM
Subchapter 5 - DESIGNATION OF TRAILS TO THE STATE TRAILS SYSTEM
Section 7:5D-5.4 - Repeal of trail designation
Universal Citation: NJ Admin Code 7:5D-5.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) If at any time after the designation of a trail to the System the Department determines that the trail is not meeting its designated uses and/or management objectives and that mitigation measures are not available to bring the trail into conformance with its designated uses and/or management objectives, the Department may propose to repeal the designation of the trail to the System.
(b) The procedure for repealing the designation of a trail to the System is as follows:
1. If the Division makes a preliminary
determination that the designation of a trail to the System should be repealed,
it shall conduct a site evaluation of the trail to determine the extent of the
trail deterioration, change of use, or unsuitability;
2. Upon completion of the site evaluation,
the Division shall submit the site evaluation to the administering agency for a
determination of whether mitigation measures are available to bring the trail
into conformance with its designated uses and/or management
objectives;
3. The Division, with
the advice of the Council, shall review the administering agency's
determination under (b)2 above, and if appropriate, shall recommend repeal of
the trail designation to the Commissioner;
4. The Commissioner shall review all trail
designation repeal recommendations submitted by the Division and shall take one
of the following actions on each proposal:
i.
Propose the trail repeal as an amendment to
7:5D-8.1;
ii. Request that the Division reconsider its
recommendation and resubmit the proposal for the Commissioner's review, if
appropriate; or
iii. Reject the
proposed repeal of the trail designation.
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