N.J. Admin. Code § 7:7A-7.17

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

Section 7:7A-7.17 - General permit 17-Trails and boardwalks

(a) General permit 17 authorizes activities in freshwater wetlands, transition areas, and/or State open waters necessary for construction of a trail and/or boardwalk for use by pedestrians, bicycles, and other non-motorized methods of transport, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met. General permit 17 does not authorize construction of a restroom, gazebo, rain shelter, or any covered or enclosed structure. General permit 17 does not authorize construction of a roadway for use by automobiles, golf carts, motorcycles, motorized trail bikes, all-terrain vehicles, or other motor vehicles.

(b) The total area of freshwater wetlands, transition areas, and/or State open waters disturbed under general permit 17 shall not exceed one-quarter acre, except that this limit shall not apply to a site that is publicly owned.

(c) The trail or boardwalk shall be no wider than six feet, unless the applicant demonstrates that it must be wider in order to comply with the Barrier Free Subcode of the Standard Uniform Construction Code, N.J.A.C. 5:23-7.

(d) The trail or boardwalk shall:

1. Be located and configured so as to minimize adverse environmental impact; and

2. Incorporate features designed to educate the user about the importance of freshwater wetlands, transition areas, and State open waters; for example, through signs identifying plants and animals or explaining hydrology, ecology, or other significant environmental features or phenomena.

(e) The permittee shall take all measures necessary to ensure that activities under general permit 17 do not interfere with the natural hydrology of the area, such as installation at grade or use of cross drains to allow the passage of water. The permittee shall minimize the impact of the activities on vegetation.

(f) An application for authorization under general permit 17 for a project on publicly owned land does not require an application fee under N.J.A.C. 7:7A-18.

N.J. Admin. Code § 7:7A-7.17

Amended and recodified from 7:7A-5.17 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 50 N.J.R. 1147(a).