N.J. Admin. Code § 7:5D-5.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:5D-5.4 - Repeal of trail designation

(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 If the Division makes a preliminary determination that the designation of a trail to the System should be repealed, it shall conduct a site evaluation of the trail to determine the extent of the trail deterioration, change of use, or unsuitability;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 N.J.A.C. 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.

N.J. Admin. Code § 7:5D-5.4