N.J. Admin. Code § 7:13-9.13

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:13-9.13 - General permit 13 - construction of trails and boardwalks

(a) General permit 13 authorizes the construction of a trail and/or boardwalk, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The trail or boardwalk is used exclusively to carry pedestrians, livestock, and/or light vehicles such as bicycles, golf carts, or lawn tractors;

2. Where the trail or boardwalk is designed solely for pedestrian use, the width of the trail or boardwalk is no more than six feet, unless it is demonstrated that a wider width is necessary in order to comply with all applicable State and Federal barrier-free access requirements. In no case shall the width of the trail or boardwalk exceed 10 feet;

3. The existing ground elevation is not raised in any floodway or fluvial flood hazard area. A boardwalk constructed in a flood hazard area shall be constructed at or below the existing ground elevation or elevated so that the area underneath the boardwalk remains open to the passage of floodwaters;

4. The setbacks at (a)4i though iii below are met, except in the immediate vicinity of a footbridge or a dock or pier connected to the trail or boardwalk, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water:

i. No disturbance is located within 10 feet of any top of bank;

ii. No trees are cleared, cut, and/or removed within 25 feet of any top of bank; and

iii. Where disturbance within 25 feet of any top of bank is proposed, the applicant provides an engineering certification confirming that the location of the project is stable and suitable for the proposed activities, and not subject to erosion or undermining due to its proximity to the top of bank;

5. Clearing, cutting, and/or removal of riparian zone vegetation is the minimum necessary to successfully implement the project and is limited to actively disturbed areas, where possible;

6. No more than six square feet of trees is cleared, cut, and/or removed per linear foot of trail or boardwalk in a riparian zone, including the total area of canopy affected by activities under this general permit. For example, the construction of a trail or boardwalk that is 1,000 feet long can impact no more than 6,000 square feet of canopy;

7. No more than one-half of an acre of riparian zone vegetation is cleared, cut, and/or removed; and

8. Any public trail or boardwalk incorporates features designed to educate the user on the importance of riparian zones, flood hazard areas, and stream corridors. Such features may include signs identifying plants and animals or explaining hydrology, ecology, or other significant environmental features.

N.J. Admin. Code § 7:13-9.13

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016