Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:9B-3. Definitions As used in this act: "Bank" means the Wetlands Mitigation Bank established pursuant to section 14 of this act; "Commissioner" means the Commissioner of the Department of Environmental Protection; "Council" means the Wetlands Mitigation Council established pur…

13:9B-30. Local regulation preempted It is the intent of the Legislature that the program established by this act for the regulation of freshwater wetlands constitute the only program for this regulation in the State except to the extent that these areas are regulated consistent …

13:9B-4 Exemptions from permit, transition area requirements. 4. The following are exempt from the requirement of a freshwater wetlands permit and transition area requirements unless the United States Environmental Protection Agency's regulations providing for the delegation to t…

13:9B-5. Permit process a. The department shall consolidate the processing of wetlands related aspects of other regulatory programs which affect activities in freshwater wetlands, including, but not limited to, sewer extension approvals required pursuant to P.L. 1977, c. 74 (C. 5…

13:9B-5.1 Regulation of freshwater wetlands area. 38. Notwithstanding the provisions of P.L.1987, c.156 (C.13:9B-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, major Highlands development as defined in section 3 of P.L.2004, c.120 (C.13:20-3) tha…

13:9B-6. Meadowlands, Pinelands exemptions a. Activities in areas under the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to P.L. 1968, c. 404 (C. 13:17-1 et seq.) shall not require a freshwater wetlands permit, or be subject to transition area requir…

13:9B-7. Classification system The department shall develop a system for the classification of freshwater wetlands based upon criteria which distinguish among wetlands of exceptional resource value, intermediate resource value, and ordinary resource value. a. Freshwater wetlands …

13:9B-8. Letter of interpretation a. A person proposing to engage in a regulated activity in a freshwater wetland or in an activity which requires a transition area waiver may, prior to applying for a freshwater wetlands permit or transition area waiver, request from the departme…

13:9B-9. Permit application; conditions for issuance a. A person proposing to engage in a regulated activity shall apply to the department for a freshwater wetlands permit, for a fee not to exceed the cost of reviewing and processing the application, and on forms and in the manne…

13:9C-1. Definitions 1. As used in this act: "Council" means the Wetlands Mitigation Council established pursuant to section 14 of P.L.1987, c.156 (C.13:9B-14). "Department" means the Department of Environmental Protection. "Wetlands" means freshwater wetlands as defined pursuant…

13:9C-2. Responsibilities of the department, council 2. a. The Department of Environmental Protection, in addition to its responsibilities under P.L.1987, c.156 (C.13:9B-1 et al.) and P.L.1970, c.272 (C.13:9A-1 et seq.), and pursuant to the "Administrative Procedure Act," P.L.196…

13:9C-3. Identification, inventory of areas suitable for use in county 3. a. The governing body of a county may, in consultation with the municipalities within its territorial jurisdiction, identify and inventory areas within the county that it deems suitable for use in wetlands …

13:9C-4. Nonapplicability of act 4. a. Nothing in this act shall be construed to discourage or prevent the creation, enhancement, or restoration of wetlands on the site of the approved regulated activity or to discourage or prevent the use of any area suitable for the creation, e…

13:10-1. Geological survey part of department of conservation and development The board of conservation and development, hereinafter designated as the board, shall have the control, direction and supervision of the state geological survey, with all the authority, powers and dutie…

13:10-2. State geologist; appointment; term The board, subject to the approval of the governor, shall appoint a state geologist, who shall be a resident of this state and a qualified geologist, and who shall hold office during the pleasure of the board.

13:10-5. Reports of state geologist; printing, distribution and sale The state geologist shall make to the governor an annual administrative report of the operation of the geological survey; and he shall, from time to time, prepare or cause to be prepared such scientific reports …

13:11A-1. Definitions relative to maritime history, marine life preservation projects 2. As used in this act: "Accounts" means the "Barnegat Bay Decoy and Baymen's Museum Account" and the "Maritime History and Marine Life Preservation Project Account" created pursuant to section …

13:11A-2. Criteria for selection of maritime history, marine life preservation projects, grants 4. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish the criteria and process for selection of maritime history o…

13:11A-3. Creation of "Barnegat Bay Decoy and Baymen's Museum Account," "Maritime History and Marine Life Preservation Project Account" 6. a. There are created in the Department of Environmental Protection two special non-lapsing accounts to be known as the "Barnegat Bay Decoy an…

13:11A-4. Recommendation for appropriation; purposes 8. a. The Governor shall include in the annual budget recommendations to the Legislature, pursuant to section 11 of P.L.1944, c.112 (C.52:27B-20), a recommendation for an appropriation from the accounts created pursuant to sect…

13:11A-5. Interagency memorandum of agreement 10. The commissioner, the director, and the State Treasurer shall develop and enter into an interagency memorandum of agreement setting forth the procedures to be followed by the department and the division in carrying out their respe…

13:12-1. Corporate existence of canal and banking company continued The corporate existence of the Morris Canal and Banking Company, chartered by the act entitled "An act to incorporate a company to form an artificial navigation between the Passaic and Delaware rivers," passed De…

13:12-10. Grants to municipalities to lay and maintain sewer pipes under and along canal right of way The board of directors of the canal and banking company shall have power to grant to any municipality or municipalities the right and easement of laying, constructing, replacing,…

13:12-11. Sale of canal property for railroad purposes L.1924, c. 218, p. 482 (1924 suppl. s. 170-144m), entitled "An act to authorize the sale of lands of the Morris Canal and Banking Company for railroad purposes in certain cases," approved March twelve, one thousand nine hundr…

13:12-12. Construction of electric railways on canal lands acquired by municipalities L.1925, c. 75, p. 248, entitled "An act to authorize any municipality through which the Morris canal passes to construct an electric railway upon such canal lands and other lands required for su…

13:12-13. Abandoned portions of canal property dedicated as public highways Upon the discontinuance by the canal and banking company of the use as a means of transportation by water of that portion of the property the title to which is, by section 13:12-3 of this title, vested in…

13:12-14. Diversion of waters for municipal purposes The canal and banking company is hereby authorized to consent, under restrictions which shall not impair any existing rights, and for a consideration in each case to be fixed by its board of directors and approved in writing by…

13:12-15. Sale of canal property in counties to such counties for road purposes The canal and banking company is hereby authorized and directed to sell any and all of the property the title to which is vested in the company in trust for the state of New Jersey, other than the rig…

13:12-16. Sale of canal property in municipalities to such municipalities or Port of New York Authority The canal and banking company is hereby authorized to transfer to the respective municipalities through which the canal passes the portions of the canal situated within their r…

13:12-17. Sale of canal property outside municipalities to municipalities; public sale If any municipality mentioned in section 13:12-16 of this title shall fail to accept the terms and compensation for any such property fixed by the canal and banking company or upon review of it…

13:12-17.1. Sale by municipalities of canal property acquired from Morris Canal and Banking Company When any municipality to which canal property has been conveyed pursuant to chapter 229 of the laws of 1924 or chapter 12 of Title 13 of the Revised Statutes, shall hereafter deter…

13:12-18. Leases; termination The canal and banking company is hereby authorized to let part or parts of the property and property rights, the title to which is vested in it in trust for the state of New Jersey; but any and all leasehold estates so created shall be terminable upo…

13:12-19. Removal of bridges, etc. The canal and banking company is hereby authorized and directed, as soon as the water shall have been drained off from the canal under authority of the act mentioned in section 13:12-13 of this title, to proceed promptly to remove such highway a…

13:12-2. "Morris canal" defined The term "Morris canal" as used in this chapter, and hereinafter designated as the "canal" , means and includes all of the property, lands, rights, easements, privileges and franchises of whatsoever character vested on March eleven, one thousand ni…

13:12-20. Repair, etc., of dams, sluice gates, etc. The canal and banking company is authorized and directed to repair and make safe the dams and sluice gates at the lakes and ponds mentioned in section 13:12-4 of this title and to raze and remove or put in a condition safe to li…

13:12-21. Crossings in municipalities If the authorities in charge of any street, highway or road, on which there is a bridge or crossing to be removed by the canal and banking company as provided by section 13:12-19 of this title, shall prefer to relocate or otherwise readjust s…

13:12-22. Legal and administrative help, etc.; agreements with independent contractors The canal and banking company is hereby authorized to procure and employ such legal and technical aid and to employ such administrative officers, clerical assistants and laborers as it may requ…

13:12-23. Canal and banking company acting through officers thereof; execution of contracts, conveyances, etc. The board of directors of the canal and banking company are hereby authorized and directed in behalf of the canal and banking company to do or cause to be done by the of…

13:12-24. Contracts, conveyances, etc., approved by attorney general All contracts, instruments of conveyance, consents, leases or other documents mentioned in section 13:12-23 of this title shall be approved as to form by the attorney general before being executed by the canal c…

13:12-25. Title conveyed by deeds of canal and banking company Any instrument of conveyance executed by the canal and banking company pursuant to any of the provisions of this chapter shall operate to convey all the right, title and interest of the canal and banking company and o…

13:12-26. Release of lien of bonds on sale of property The board of conservation and development, in whom is vested the title to the bonds issued by the canal and banking company, shall, upon any sale of any property as authorized by the terms of this chapter, take such action an…

13:12-27. Receipts from sales or rentals of property; payment into state treasury The canal and banking company, by its general manager or by any officer thereunto duly authorized by its board of directors, shall be entitled to and is hereby authorized to receive and receipt for …

13:12-28. Canal fund The money heretofore paid or to be paid to the state of New Jersey by the Lehigh Valley Railroad Company by the terms of the agreement dated the twenty-ninth day of November, one thousand nine hundred and twenty-two, between Frank H. Sommer, Louis Focht and E…

13:12-29. Injuries to or destruction of canal property; forfeiture; recovery If any person shall, in any manner, willfully or maliciously, destroy, injure or damage any of the property of the Morris canal, the title to which is vested in the canal and banking company in trust for…

13:12-3. Title to property vested in canal and banking company in trust for state The title to all the property and property rights acquired or to be acquired by the state of New Jersey, under and by virtue of the agreement entered into under the authority of the act entitled "An…

13:12-4. Rights in certain lakes, etc., vested in canal and banking company in trust for certain purposes The rights vested in the Canal and Banking Company to impound and divert waters of lakes, ponds and streams, and the property and rights vested in such company in Lake Hopatc…