N.J. Admin. Code § 16:53B-4.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:53B-4.1 - Assignment of jurisdiction

(a) Assignment of jurisdiction shall be made by the Commissioner as follows:

1. All bridges carrying State highways are under the jurisdiction of the Department.

2. If a railroad overhead bridge carries a private road, the Commissioner shall assign the bridge to the jurisdiction of the owner of the road.

3. Each railroad overhead bridge carrying a highway, other than a State highway, over and across a right-of-way owned by New Jersey Transit, is under the jurisdiction of that entity, unless the Commissioner determines, subject to the provisions of this subchapter, that the bridge should be assigned to the jurisdiction of another public entity.

4. Following a review of available statutes, regulations, local ordinances, maintenance agreements, records concerning improvement projects and maintenance activities, and any other applicable evidence, and based upon a preponderance of all the evidence reviewed, if the Commissioner determines that a county, municipality, or public entity other than the Department or New Jersey Transit has assumed effective control or responsibility over a bridge, the Commissioner shall assign the bridge to the jurisdiction of that entity.

5. In order to encourage entities to maintain the safety of bridges for which the responsibility has yet to be ascertained, evidence of maintenance, repair, reconstruction, inspection, or other work done following the December 5, 1988 effective date of the Railroad Overhead Bridge Act of 1988, shall not be considered for the purpose of assigning a bridge to an entity under this section.

6. Evidence of emergency repairs that were necessary for the immediate safety and welfare of the public and which predate December 5, 1988, shall not be used as the only factor for assessing past jurisdictional responsibilities.

N.J. Admin. Code § 16:53B-4.1

Renumbered from 16:53B-1.4 by 49 N.J.R. 336(b), effective 2/21/2017