N.J. Admin. Code § 7:7-6.13

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

Section 7:7-6.13 - General permit 13 - construction of recreational facilities at public parks

(a) This general permit authorizes the construction of the following recreational facilities at parks which are publicly owned or controlled for the purposes of public access. Construction of the facilities listed below is acceptable provided that the construction has no adverse impact on any special areas defined at N.J.A.C. 7:7-9 and provided that the facility complies with the specific conditions listed below for each facility.

1. Construction of the following facilities provided they are not located on a dune or in a wetland, except as noted at (a)3 below:

i. Playground equipment including, but not limited to, swings, slides, and jungle gyms;

ii. Picnic tables, benches and grills which are not seasonal;

iii. Gazebos, rain shelters and sheds provided they do not exceed a footprint 200 square feet;

iv. Pathways, bicycle paths and jogging and nature trails and associated fitness equipment provided they are not located on a beach; and

v. Fences which do not require permanent footings.

2. Construction of restroom facilities not located on a beach, dune, or in a wetland, provided that:

i. The restroom facilities connect to an existing sewer line located within or abutting the park, or facilities discharge to a subsurface sewerage disposal system;

ii. The connection at (a)2i above shall be consistent with the Water Quality Management Plan adopted pursuant to N.J.A.C. 7:15;

iii. The restroom building shall be set back a minimum of 100 feet from the mean high water line unless the Department determines that there is no alternate location; and

iv. The restroom building shall be set back a minimum of 50 feet from the inland limit of any wetlands, unless the Department determines there is no alternate location.

3. Trail or boardwalk construction in wetlands is acceptable provided that:

i. The width of the trail or boardwalk does not exceed six feet, except for barrier free trails or boardwalks designed in accordance with the Barrier Free Subcode of the Standard Uniform Construction Code, N.J.A.C. 5:23-7. The construction of restrooms, gazebos, rain shelters, or any covered or enclosed structure is not authorized on the boardwalk or trail;

ii. The height of the structure over wetlands, other than wetlands regulated under the Freshwater Wetlands Protection Act and implementing rules at N.J.A.C. 7:7A, shall be a minimum of four feet regardless of width;

iii. The project does not interfere with the natural hydrology of the area; and

iv. The project does not encroach upon or adversely affect the habitat of any threatened or endangered species.

(b) Public access shall be provided in accordance with the lands and waters subject to public trust rights rule, N.J.A.C. 7:7-9.48, and the public access rule, N.J.A.C. 7:7-16.9.

N.J. Admin. Code § 7:7-6.13

Renumbered from 7:7-7.17 by 47 N.J.R. 1392(a), effective 7/6/2015