The D&R Canal Commission administers a land-use regulatory program within the area where new development could have drainage, visual or other ecological impact on the Canal Park. The area within which there could be a drainage impact is almost 400 square miles, including parts of Mercer, Hunterdon, Somerset, Middlesex and Monmouth Counties. Major projects (those that involve the cumulative coverage since January 11, 1980, of one quarter acre of land with impervious surface, or the disturbance of one acre or more of land) must meet the Commissions standards for managing storm water runoff.
If a project of any size is proposed for that area that is within 1,000 feet of the canal, it is reviewed for its visual impact on the park. Further, the Commission reviews large projects that are within a mile of the park for their traffic impact, and the Commission requires the preservaton of corridors along the major streams that enter the park.
Questions about the Canal Commission's review can be directed to
Nonstructural Point System Spreadsheet (click to download)
For any permanent structure or infrastructure being installed, upgraded, or otherwise modified on State Property,
a new agreement must be created, or an existing agreement modified. All parties with expired agreements are also subject to the following terms and process. The nature of the structure/infrastructure or discharge and its duration will determine the type of agreement that will be issued (Lease, Special Use Permit, Right of Entry, or other document).
Jurisdiction over the D&R Canal is somewhat complex. The New Jersey Water Supply Authority (“NJWSA”) has jurisdiction over the D&R Canal Water Transmission Complex (“Transmission Complex”), as defined here. The New Jersey Department of Environmental Protection’s State Park Service (“NJDEP”) has jurisdiction over the D&R Canal State Park (“Park”), defined as the State-owned lands along the Canal Banks. The Delaware & Raritan Canal Commission (“DRCC”) has jurisdiction over the entire State-owned D&R Canal and Commission Review Zones.
All leases conform to current State policy, as outlined in the Interagency State Land Lease Valuation Panel Report, dated August 2011 and available at http://www.nj.gov/dep/docs/landlease110817.pdf.Should an appraisal or preparation of other technical documents be necessary, the applicant will pay all associated costs.
D&R Canal agreements are multi-party documents between NJWSA, NJDEP, DRCC, and the applicant. All agreements are reviewed and approved as to form by a Deputy Attorney General, representing the State of New Jersey. The agreements are drafted by NJDEP’s Office of Leases & Concessions and/or NJWSA. The agreement is issued after DRCC has issued a permit for the project. Execution of a D&R Canal agreement is not an exemption from obtaining other permits or approvals that would otherwise be required for the project.