N.J. Admin. Code § 7:25-2.22

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

Section 7:25-2.22 - Special Events Permits

(a) Any person or group wishing to conduct an activity within a Wildlife Management Area ("WMA"), other than those specifically permitted pursuant to this chapter, shall apply for and receive a Special Events Permit from the Superintendent of the Wildlife Management Areas and the Regional Captain of the Bureau of Law Enforcement prior to commencement of such activities. For assemblies of 10 or fewer persons, an application shall be filed with the Division at least 30 days prior to the date of the assembly. For assemblies of more than 10 persons, an application for a special events permit shall be filed at least 90 days before the date of the event.

(b) A map listing the designated locations within the State's Wildlife Management Areas available for public assemblies shall be available in the office of the Superintendent. Locations suitable for public assemblies will be chosen based upon the environmental sensitivity of such areas, the safety of all users of the Wildlife Management Areas, the likelihood of interference with the facilities, services and other activities in the Wildlife Management Area and the ability of the participants to make their presence known and to communicate their message to the group they wish to target.

(c) Such permit application shall be submitted on the form provided by the Division and shall set forth the name of the applicant; the date, time, duration, and requested location for the proposed event; the type of event to be conducted; an estimate of the number of persons expected to attend the event; and a list of the type(s) of equipment and/or facilities to be used for such event. No Special Event permit shall be valid until the permittee submits a security deposit in the form of a certified or bank check or bond in an amount sufficient to ensure full compliance with the terms and conditions of the permit and to protect the Department for the cost of any damage to the WMA or its facilities which may occur as a result of the event. If the security deposit is not received by the Superintendent of the WMAs within five business days of the scheduled event, the permit shall be void and the event may not occur on the WMA. If upon expiration or termination of the permit, the agency determines that a permittee has not complied with the terms and conditions of the permit, has violated any law, ordinance, statute or rule, or the event has resulted in damage to the Wildlife Management Area or its facilities, the following applies:

1. Any security submitted by the permittee to the Department shall be forfeited and retained by the Department to the extent necessary to remedy or compensate the Department for the damage(s);

2. The permittee shall be liable for any additional sum necessary to correct or compensate the Department for such damage; and

3. Neither forfeiture of any security nor payment for such damage shall in any way relieve the permittee of civil or criminal liability arising from the permittee's actions.

(d) The Superintendent and the Regional Captain of the Bureau of Law Enforcement shall, jointly, issue a permit within 10 days of receipt of a complete permit application.

(e) Such permit shall be issued unless:

1. A prior permit application for a permit for the same time and location has been made to the Division and will be granted and such permitted activities do not allow multiple occupancy or use of the designated area;

2. The Division has scheduled an event for the same time and location which does not allow multiple occupancy or use of the designated areas;

3. The event is expected to include activities which will present a clear and present danger to the public health or safety or which are prohibited pursuant to Federal or State law;

4. The event is of such a scale or duration that it may result in damage or disruption to the Wildlife Management Area's environment, resources or facilities; or

5. Within the preceding four years, the applicant has been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, statute or regulation or cause damage to a WMA or its facilities.

(f) If a permit application is denied, the applicant shall be informed, in writing, within five days of the reason(s) for such denial.

(g) A permit may contain conditions consistent with the protection and continued use of the Wildlife Management Area in conformance with the purpose for which such WMAs were established; to provide wildlife oriented recreation through the proper protection and management of fish and wildlife habitat for the benefit of all New Jersey's citizens. It may also contain limitations on the type(s) of equipment to be used. Any permittee aggrieved by the conditions contained within a permit may request an administrative hearing pursuant to the procedures delineated at (n) below.

(h) A permit shall be issued for a period not to exceed seven days. A permit, however, may be extended for another seven day period upon the submission of a new application and provided that another applicant has not previously requested use of the same location for an activity for which multiple occupancy of said location is impossible.

(i) Activities authorized pursuant to a permit will be allowed within the WMA only if such activities are performed in strict accordance with the terms and conditions set forth in the permit. Permittees and their agents, employees and invitees shall comply with all applicable local, State and Federal laws, rules and regulations.

(j) All persons participating in an event permitted by a Special Events Permit including, but not limited to, the permittee and its agents, employees and/or invitees, shall comply with the lawful direction or command of any Police Officer, Conservation Officer, WMA or Department Employee and any, written or printed, WMA sign, except upon order of a Police Officer, Conservation Officer or WMA or Department Employee.

(k) Permittees and their agents, employees and invitees shall not obstruct or impede pedestrians or vehicle and may not prevent any person from engaging in activities authorized to be conducted within the WMA.

(l) Violation of any of the provisions of this section may result in revocation or suspension of a permit and imposition of penalties as provided in 23:7-9. Notice of such revocation or suspension shall be made in writing and shall clearly set forth the reason(s) for the revocation or suspension.

(m) Violation of the terms and conditions of a permit issued in accordance with this section may result in suspension or revocation of the permit in addition to the penalties provided in 23:7-9.

(n) Any applicant or permittee who is aggrieved by the conditions placed upon a Special Events Permit issued to them, by the denial of their application for the same, or the suspension or revocation of their Special Events permit may request an administrative hearing. Requests for administrative hearings shall be submitted, in writing, within 10 days from the date of the issuance of the permit or other Department decision and shall set forth the reasons why the Department's action is improper, specifying all legal and factual issues to be raised in support of the applicant's position. A request for a hearing shall be sent to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution ATTENTION: Adjudicatory Hearing Requests 401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, NJ 08625-0420

Upon receipt of such a request, the Commissioner may conduct the hearing or refer the matter to the Office of Administrative Law, which shall conduct a hearing on the matter pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Within 45 days of receipt of the Administrative Law Judge's decision, the Commissioner shall affirm, reject, or modify the decision. The Commissioner's final decision affirming, rejecting, or modifying the recommended findings by the Office of Administrative Law shall constitute final agency action pursuant to R.2:2-3(a)2 and shall be subject only to judicial review as provided in the Rules of Court.

N.J. Admin. Code § 7:25-2.22

New Rule, R.1995 d.578, effective 11/6/1995.
See: 27 New Jersey Register 1890(a), 27 New Jersey Register 4283(a).
Former 7:25-2.22 recodified as 7:25-2.26.

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023