N.J. Admin. Code § 7:5D-1.4

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

Section 7:5D-1.4 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the text dearly indicates otherwise:

"Act" means the New Jersey Trails System Act, 13:8-30 et seq.

"ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

"Administering agency" means

(1) any agency of the Department that is assigned responsibility for managing a particular parcel of land, or

(2) any Federal agency, State department, local unit or charitable conservancy that establishes a land management policy for a particular parcel of land included in a designated State trail.

"Charitable conservancy" means a corporation or trust whose purposes include the acquisition and preservation of land or water areas, or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501(c)3 of the Internal Revenue Code.

"Commissioner" means the Commissioner of the Department or his or her designated representative.

"Conservation restriction" means an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, executed for the purposes listed at 13:8B-2(b).

"Council" means the New Jersey Trails Council.

"Department" means the New Jersey Department of Environmental Protection, its successors and assigns.

"Division" means the Division of State Parks, Forests, and Historic Sites in the Department.

"Local unit" means a municipality, county or other political subdivision of the State or agency thereof.

"New Jersey Trails Council" means the advisory board established by the Department and authorized by P.L. 1975, c.367, to undertake a study and prepare a plan for a coordinated system of trails throughout the State, and continued by the Department for the purpose of providing public input into the administration of the State Trails System.

"Scenic easement" means a perpetual easement in land which

(1) is held for the benefit of the public,

(2) is specifically enforceable by its holder or beneficiary, and

(3) limits or obligates the holder of the servient estate and his or her heirs and assigns with respect to their use and management of activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.

"State Trails System" or "System" means the statewide system of individual trails or group of trails authorized by the Act and designated pursuant to this chapter.

"Trail facility" means any area, structure or equipment that functions to provide a service to the trail user, including, but not limited to, parking lots, picnic areas and rest rooms.

"Trail right-of-way" means a road, path, or water body and adjacent land, under the jurisdiction of an administering agency and designated for public trail access pursuant to this chapter.

"Trails Plan" means the plan for a coordinated system of trails throughout the State authorized by P.L. 1975, c.367, as updated.

N.J. Admin. Code § 7:5D-1.4

Amended by R.2000 d.156, effective 4/17/2000.
See: 32 New Jersey Register 348(a), 32 New Jersey Register 1380(c).
In "Conservation restriction", substituted "executed" for "executive" following "wildlife,".
Amended by R.2005 d.337, effective 10/3/2005.
See: 37 New Jersey Register 1111(a), 37 New Jersey Register 3812(c).
In "New Jersey Trails Council" and "Trails Plan" definitions, added "P." preceding "L. 1975".

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