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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Division of Policy Implementation and Watershed Restoration

Public Notice of Additional Substantial Change on Adoption to Proposed Amendments
Coastal Zone Management rules, N.J.A.C. 7:7E
Public Access

Take notice that the NJ Department of Environmental Protection is proposing substantial changes on adoption to the public access rules at N.J.A.C. 7:7E-8.11, published on April 4, 2011(43 NJ.R 772(a)).  This proposal was previously the subject of a notice of substantial changes on adoption published on March 19, 2012 at 44 N.J.R. 614(a).  A statement of the substance of the proposal follows: The proposed substantial changes included in this notice address public access requirements for public highways.  As discussed in the March 19, 2012 Notice of Substantial Change, the Department recognizes that public highways are a unique type of development because they are linear projects and because the property used for public highway projects is a right-of-way and not a parcel as is typically the property used to develop commercial, residential, industrial and other types of public development. Therefore a new paragraph was proposed at N.J.A.C. 7:7E-8.11(n)6 to address public access requirements for public highways.  While the Department continues to believe that linear transportation projects should not be exempt from public access requirements, upon further consideration it has been determined that they should not be subject to stricter requirements than commercial, industrial or other public development.  Therefore, proposed changes include amendments to make public access requirements applicable to transportation projects similar to the requirements applicable to commercial, industrial and other public development.  With respect to the New Jersey Department of Transportation (NJDOT), the Department proposes changes to provide that when the Department and NJDOT determine that it is in the best interest of the public access project for it to be undertaken by the Department or the municipality, the NJDOT may provide funding for such access project to the Department or the municipality pursuant to an agreement between NJDOT and the Department.  In addition,  the Department proposes amendments to allow and encourage transportation agencies and counties to develop and seek Department approval of Transportation Public Access Plans, similar to Municipal Public Access Plans.  The proposed changes also include standards, application requirements and the review process for Transportation Public Access Plans.

The proposal is scheduled to be published in the New Jersey Register dated July 2, 2012.  A copy of the public notice of substantial change on adoption is available from:  the Department’s website at official repository libraries; or by contacting LexisNexis Customer Service at (800)223-1944 or advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

July 31, 2012 at 9:30 a.m.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street, 1st Floor
Trenton, NJ 08625

Submit comments by August 31, 2012:  Electronically at; or in hard copy to:

Gary J. Brower, Esq.
ATTN: 05-11-03
NJ Department of Environmental Protection, Office of Legal Affairs
Mail Code 401-04L;
401 East State Street, 4th Floor
PO Box 402
Trenton, NJ 08625-0402

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