New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 7:5D-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the text clearly 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 Parks and Forestry 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.