rulemaking in this issue rule proposals interested persons

1 of 22 DOCUMENTS

NEW JERSEY REGISTER

Copyright © 2012 by the New Jersey Office of Administrative Law

VOLUME 44, ISSUE 14

ISSUE DATE: JULY 16, 2012

RULEMAKING IN THIS ISSUE

44 N.J.R. 1931

RULE PROPOSALS

Interested persons comment period................................... 1933

BANKING

Banking development districts....................................... 1933(a)

ENVIRONMENTAL PROTECTION

State Park Service Code rules....................................... 1935(a)

LABOR AND WORKFORCE DEVELOPMENT

Employee leasing companies.......................................... 1951(a)

LAW AND PUBLIC SAFETY

Police Training Commission: school certification; instructor

certification; basic training of law enforcement officers........... 1954(a)

Division of Consumer Affairs: Audiology and Speech-Language

Pathology Advisory Committee: educational requirements for

licensure........................................................... 1962(a)

Division of Criminal Justice: Body Armor Replacement Fund

Program............................................................. 1964(a)

TREASURY -- GENERAL

State Investment Council: Deferred Compensation Plan rules.......... 1966(a)

RULE ADOPTIONS

COMMUNITY AFFAIRS

44 N.J.R. 1931

Uniform Construction Code: energy subcode........................... 1969(a)

Division of Codes and Standards: Elevator Safety Subcode--

required elevator inspection; emergency keys........................ 1970(a)

Local Finance Board and Local Authorities: levy cap exclusion

for extraordinary expenses due to emergencies....................... 1971(a)

Uniform Fire Code: administrative corrections regarding permits

required............................................................ 1971(b)


Coastal Zone Management: energy facility use rule................... 1972(a)

Division of Fish and Wildlife: administrative changes regarding

modification of lobster season, size limits and v-notching

requirements; black sea bass recreational season; tautog

commercial, recreational seasons and possession limits;

Spanish mackerel fillet requirements; Federal commercial

fisheries regulation consistency for Spanish mackerel, spotted

seatrout, and spot.................................................. 1973(a)

HUMAN SERVICES

Division of Family Development: program administration;

debarment........................................................... 1975(a)

INSURANCE

Licensing of public adjusters; professional qualifications.... 1979(a)

Minimum standards for individual health insurance: disability

income protection coverage.......................................... 1982(a)

LAW AND PUBLIC SAFETY

Division of Criminal Justice: New Jersey Victims of Crime

Compensation Office rules........................................... 1982(b)

Division of Gaming Enforcement: Mississippi stud; three-card

bonus poker......................................................... 1993(a)

Division of Gaming Enforcement: poker; pineapple, crazy

pineapple........................................................... 1993(b)

TRANSPORTATION

Motor Vehicle Commission: Driver Improvement Program and

Probationary Driver Program rules................................... 1993(c)

PUBLIC NOTICES


44 N.J.R. 1931

Division of Environmental Safety and Health: notice of public

hearings regarding the New Jersey Radiological Emergency

Response Plan....................................................... 2002(a)

Natural Resource Restoration: consent judgment regarding

Passaic County; request for comment................................. 2002(b)

PUBLIC UTILITIES

Energy competition standards: action on petition for rulemaking

regarding non-recourse purchase of receivables program.............. 2003(a)

(Continued on next page)

INDEX OF RULE PROPOSALS AND ADOPTIONS............................... 2004

Filing deadlines

August 20, 2012 issue:

Adoptions................................................ July 27, 2012

September 4, 2012 issue:

Proposals................................................ August 3, 2012

Adoptions................................................ August 10, 2012

September 17, 2012 issue:


Adoptions................................................ August 23, 2012

October 1, 2012 issue:


Adoptions................................................ September 7, 2012

___________________

2 of 22 DOCUMENTS

NEW JERSEY REGISTER


VOLUME 44, ISSUE 14

ISSUE DATE: JULY 16, 2012

RULE PROPOSALS

44 N.J.R. 1935(a)


NATURAL AND HISTORIC RESOURCES

DIVISION OF PARKS AND FORESTRY

44 N.J.R. 1935(a)

Proposed Amendments: N.J.A.C. 7:2-1.7, 2.1, 2.5, 2.8, 2.9, 2.11, 2.12, 2.17, 2.20, 2.22, 2.25, 3.2, 3.4, 3.5, 8.1,

8.9, 8.10, 9.7, 13.2, 13.3, 13.7, 16.2, and 17.1 through 17.4

Proposed Repeal: N.J.A.C. 7:2-10

Proposed New Rules: N.J.A.C. 7:2-3.10, 17.8, and 17.9

Click here to view Interested Persons Statement

State Park Service Code

Authorized By: Bob Martin, Commissioner, Department of Environmental Protection.

Authority: N.J.S.A. 13:1B-1 et seq., 13:1B-15.100 et seq., and 13:1L-1 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

DEP Docket Number: 01-12-06.

Proposal Number: PRN 2012-097.

Submit comments by September 14, 2012 electronically at http://www.nj.gov/dep/rules/comments.

The Department of Environmental Protection (Department) encourages electronic submittal of comments. In the alter-

native, comments may be submitted on paper to:

Alice A. Previte, Esq.

Attention: DEP Docket Number 01-12-06

Office of Legal Affairs

Department of Environmental Protection

401 East State Street, 4th Floor

Mail Code 401-04L

P.O. Box 402

Trenton, New Jersey 08625-0402

The rule proposal may be viewed or downloaded from the Department's website at http://www.nj.gov/dep/rules.

The agency proposal follows:

Summary

Since the Department has provided a 60-day comment period on this proposal, the proposal is excepted from the

rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

The State Park Service Code, N.J.A.C. 7:2, governs the administration, operation, management, and use of State

Parks, Forests, recreation areas, historic sites, natural areas, marinas, golf courses, botanical gardens, and other land,

waters, and facilities under the jurisdiction of the Department and assigned to the State Park Service in the Division of

Parks and Forestry.

The Department proposes to amend its rules to address visitor safety and environmental stewardship throughout the

State's parks through amendments relating to the use of fires, stoves and lanterns, firearms and fireworks, and motor

vehicles (including over-sized and extra heavy vehicles). The Department is proposing to repeal Subchapter 10, Golf

44 N.J.R. 1935(a)

Courses; the Department no longer operates golf courses. The Department is also proposing to amend Subchapter 17,

Fees for Services and Facilities Provided by the State Park Service.

Subchapter 1. General Provisions

N.J.A.C. 7:2-1.7 Definitions

The Department is proposing to amend the definition of "law enforcement personnel" to remove the reference to the

Director of the Division of Parks and Forestry. As a result of a reorganization at the Department, the State Park Police

are under the direction of the Director of State Park Police, who reports to the Assistant Commissioner for Natural and

Historic Resources.

In an effort to better protect the beaches and natural areas of the State Parks, as well as wildlife and for public safe-

ty, the Department proposes to amend the definition of "mobile sport fishing vehicle." The existing definition does not

specify the number of axles or the size of the tires on a qualifying vehicle. As amended, the definition includes only

two-axle, four-wheel drive passenger motor vehicles, with tires no larger than 40 inches in overall diameter, that are

designed to be licensed and operated on the public roadways and the highways of the State, and that are capable of

four-wheel drive operation when off the public roads on specifically-designated beaches. Only those vehicles that fall

within the proposed amended definition are eligible for a mobile sport fishing permit. The existing rule excludes from

the definition ATVs, golf carts, and specialty vehicles, making such vehicles ineligible for a mobile sport fishing ve-

hicle permit. As amended, all-terrain vehicles (ATVs), recreational camping vehicles, trailers-in-tow, and mili-

tary-designed or surplus vehicles are expressly excluded from the proposed definition, and are therefore ineligible for a

mobile sport fishing vehicle permit. The Department proposes the amended definition in order to protect the beaches

and natural areas, as well as birds nesting on the beaches, within the State Parks. Large vehicles, such as recreational

camping vehicles, and military surplus vehicles, such as the High Mobility Multipurpose Wheeled Vehicle (HMMWV)

(better known as the Humvee) or the M35 2 1/2 ton cargo truck (also known as a deuce and a half), often damage the

natural areas due to their extreme weight and the wide width of their tires, which cause ruts and other damage. The spe-

cifically excluded vehicles are often used for overnight camping, which is prohibited on the beach. Moreover, their size

can limit visibility beyond and around them, particularly at night, which can endanger members of the public who are

also using the beaches. The amended definition applies only to vehicles subject to mobile sport fishing vehicle permits.

The existing rules at N.J.A.C. 7:2-3.4 prohibit all vehicles from operating in natural areas, unless specifically permitted.

This includes woods, swamps, bogs, wetlands or fields, or off of established public roads or in designated parking areas.

Accordingly, the vehicles that fall within the proposed amended definition are already precluded from most areas of the

parks. Proposed new N.J.A.C. 7:2-3.2(e), discussed below, further restricts the use of many of the same vehicles.

The Department is proposing to amend the definition of a "motorized bicycle" to include bicycles powered by ei-

ther a small gas motor or an electric motor, and capable of limited speed. The amended definition more accurately de-

scribes the existing technology for motorized bicycles and is the same as the definition of the term in the State's statutes

[page=1936] governing motor vehicles and traffic laws, at N.J.S.A. 39:1-1 et seq., Motor Vehicles and Traffic Regula-

tion.

The Department has observed an increase in popularity of "motorized scooters" and "motorized skateboards" in

State Parks. Accordingly, the Department proposes definitions that are the same as the definitions of the terms at

N.J.S.A. 39:1-1. Motorized skateboards are among the types of vehicles included in the proposed definition of "moto-

rized scooter." Motorized scooters are discussed further below in proposed new N.J.A.C. 7:2-3.10. Motorized scooters

are added to the exceptions in the proposed amended definition of "motor vehicle." Vehicles identified as exceptions to

the definition of motor vehicles are regulated separately from motor vehicles. (See N.J.A.C. 7:2-3.5, Snowmobiles,

7:2-3.9, Motorized bicycle restrictions, and 7:2-3.10, Motorized scooters.)

The Department proposes a definition of "off-road vehicle." The greater availability of new types of off-road ve-

hicles and the popularity of their use in State Parks and Forests is having detrimental effects on many areas of New Jer-

sey's State Parks and Forests. Use of off-road vehicles is causing erosion, destruction of the habitat for sensitive animals

and plants, and other negative impacts. The proposed definition applies to subsection (d) of N.J.A.C. 7:2-3.4, Restric-

tion on operation of motor vehicles, which precludes the use of off-road vehicles on any land or water under the juris-

diction of the State Park Service, except under limited circumstances. Although the proposed definition includes "mo-

torcycles," as defined in the statutes governing motor vehicles and traffic regulations, the Department has excluded from

the proposed definition those motorcycles that are designed to be licensed and operated on the public roadways and

highways. Such motorcycles include touring motorcycles, traditional or commuter-type, cruisers or choppers, and sport

44 N.J.R. 1935(a)

bikes (sometimes referred to as "crotch rockets"). These motorcycles are not designed to be operated off-road and are,

therefore, excepted from the proposed definition. Accordingly, unlike the vehicles categorized as off-road vehicles,

motorcycles may be driven on established public roads and in designated parking areas. (See also proposed amended

N.J.A.C. 7:2-3.2.)

The Department is proposing a definition of "oversized vehicle." An oversized vehicle, such as a recreational

camping vehicle (RV or motor home) or combination of vehicles and trailers, does not fit into the standard sized park-

ing spot of 10 feet x 20 feet, thereby taking up more than one parking spot. A vehicle that requires more than one park-

ing spot limits the number of vehicles that can use the parking lot. This is a particular issue during peak season at the

parks. The fee specified in N.J.A.C. 7:2-17 for an oversized vehicle is greater than the fee for a motor vehicle that is not

oversized.

The proposed new definitions of "initial active duty training," "veteran," and "veterans' organization" are the same

as in N.J.S.A. 13:1L-12 and 12.1, which prohibit the Department from charging certain fees to New Jersey National

Guard members, veterans, and veterans' organizations using a State Park or Forest, as discussed in the Summary of

N.J.A.C. 7:2-17.9 below.

Subchapter 2. General Use

N.J.A.C. 7:2-2.1 Purpose/powers

The Department proposes to delete N.J.A.C. 7:2-2.1(c), which refers to the authority of the Director of the Division

of Parks and Forestry to designate those State Park Service personnel to whom law enforcement authority is vested and

who are empowered to warn, cite and/or arrest. As discussed above with regard to the proposed amended definition of

law enforcement personnel, the State Park Police are overseen by the Director of State Park Police. The Legislature

identified State Park Police as law enforcement personnel in P.L. 2005, c. 216 (approved August 29, 2005) (replacing

the term State Park Ranger with State Park Police officer at N.J.S.A. 13:1L-21).

N.J.A.C. 7:2-2.5 Commercial use

N.J.A.C. 7:2-2.5, Commercial use, requires a person engaged in a commercial enterprise or a commercial activity

on lands and waters administered by the State Park Service to obtain a permit. The proposed amendment to N.J.A.C.

7:2-2.5 requires the person to have a copy of the permit in his or her possession at all times when engaging in the activ-

ity that is the subject of the permit. The proposed amendment is intended to assist the Department's efforts to enforce

the rule requiring a permit, to ensure that unauthorized commercial activity does not occur within State Parks and Fo-

rests. Such commercial activity includes, but is not limited to, sales and vending, commercial photography and video-

graphy, and concerts and performances. The Department also proposes to amend the rule for clarity.

N.J.A.C. 7:2-2.8 Pets

The Department is proposing new N.J.A.C. 7:2-2.8(b) to allow pets at specified pet friendly camping areas and

overnight facilities within the State Parks. The Department has reviewed the properties that it administers and deter-

mined that certain camping and overnight facilities areas are suitable for pets. The pets at pet friendly areas are subject

to N.J.A.C. 7:2-2.8, which requires pets to be caged or leashed and under the immediate control of the owner, and

makes the owner responsible for pet behavior and waste. The Department is amending subsection (a) to refer to the pet

friendly areas. Because pet friendly areas are identified in subsection (b), the reference in proposed amended subsection

(c) to areas where pets are allowed is not necessary and is proposed to be deleted. Fees for the pet friendly areas are

established at proposed new N.J.A.C. 7:2-17.2(d)5. The Department proposes to recodify the remaining subsections of

N.J.A.C. 7:2-2.8 and correct cross references at N.J.A.C. 7:2-2.8(a) and 2.9.

N.J.A.C. 7:2-2.11 Conduct

N.J.A.C. 7:2-2.11, Conduct, applies generally to a person's conduct in areas under the jurisdiction of the State Park

Service. The Department proposes to amend N.J.A.C. 7:2-2.11(o) and add new subsections (p) and (q) regarding con-

duct in State Park Service lands or waters. Proposed amended N.J.A.C. 7:2-2.11(o) provides an example of the types of

authorized activities for which a person may remain in a State Park Service area between the daily closing and opening

time. The existing rule provided no examples of an authorized use. The amendment is intended to apply to hunting,

fishing, and trapping in the early morning or late evening hours when the area would be otherwise closed. These times

44 N.J.R. 1935(a)

often provide the ideal conditions for such activities. The proposed amendment does not change the requirements at

N.J.A.C. 7:2-2.18, Restrictions on hunting, fishing, and trapping. Appropriate permits and compliance with the Game

Code (N.J.A.C. 7:25-5) and the Fish Code (N.J.A.C. 7:25-6), and other applicable laws are required.

Proposed new N.J.A.C. 7:2-2.11(p) and (q) are intended to protect the public and the employees of the State Park

Service. Proposed new subsection (p) prohibits obstruction, deterrence, or interference with any State Park Service em-

ployee or law enforcement personnel, by threat, menace, or otherwise. Under proposed new subsection (q), a person

shall not intentionally create a false public alarm that will result in public inconvenience or panic or a response by

emergency service personnel. State Park Police officers are assigned to districts, and patrol various parks in their dis-

trict. The safety of visitors and employees is placed at risk with each false alarm, which could limit the ability of emer-

gency service personnel to respond to an actual emergency at another location.

N.J.A.C. 7:2-2.12 Fires, stoves and lanterns

N.J.A.C. 7:2-2.12, Fires, stoves and lanterns, governs live fires in areas under the jurisdiction of the State Park Ser-

vice. Proposed amended N.J.A.C. 7:2-2.12(g) prohibits all fires from being left unattended. Fires that are charcoal or

wood must be extinguished and cool to the touch before being left unattended. The existing rule expressly requires only

charcoal fires to be extinguished and cool before a person leaves the fire. Although common sense and fire safety prac-

tices would lead most people to be sure all fires are fully extinguished, the existing rules are not explicit. As amended,

the rule applies to charcoal fires as well as wood fires, stoves, and lanterns, each of which can cause harm if left unat-

tended.

N.J.A.C. 7:2-2.17 Target practice, firearms, and fireworks

N.J.A.C. 7:2-2.17 governs target practice, firearms, and fireworks on State Park Service property. Existing N.J.A.C.

7:2-2.17(b) lists the types of weapons that a person may not possess or discharge on State Park Service property, with-

out specific approval. Proposed amendments to N.J.A.C. 7:2-2.17(b) add paint guns and air soft guns to the list of

[page=1937] weapons. Like the other weapons identified in the subsection, paint guns and air soft guns can injure

people and wildlife if improperly used. The Department also proposes to amend the punctuation in the heading of the

section.

N.J.A.C. 7:2-2.20 Swimming areas

N.J.A.C. 7:2-2.20 provides rules governing swimming areas administered by the State Park Service. There is no

longer a swimming pool at Liberty State Park; accordingly, the Department proposes to delete N.J.A.C. 7:2-2.20(c),

which sets an age restriction for the former facility, and recodify the remaining subsections.

N.J.A.C. 7:2-2.22 Restricted recreational activities

N.J.A.C. 7:2-2.22, Restricted recreational activities, identifies at existing subsection (a) activities that are not al-

lowed on State Park Service lands and waters without specific approval. The Department proposes new N.J.A.C.

7:2-2.22(a)11, 12, and 13 to add paragliding, parasailing, and helicopter operations to the list of restricted activities. The

Department anticipates that requiring specific approval for these activities will enable emergency service personnel to

respond more quickly to an accident involving these higher risk recreational activities, since State Park Service person-

nel will be aware that the activities are taking place. The Department proposes to correct a spelling error at N.J.A.C.

7:2-2.22(a)6.

N.J.A.C. 7:2-2.25 Bicycles, roller skates, and skateboards

The Department proposes to amend N.J.A.C. 7:2-2.25(f) to replace "fancy riding" with "stunt riding." The amended

language more accurately reflects the type of riding that the rule is intended to regulate, such as hopping curbs, doing

wheelies, riding on railings, and performing other dangerous stunts not considered traditional bike riding.

Subchapter 3. Motorized Vehicles

N.J.A.C. 7:2-3.2 Unauthorized motor vehicle use

N.J.A.C. 7:2-3.2, Unauthorized motor vehicle use, prohibits the use of certain vehicles and vehicle-related activities

on the lands and waters under the jurisdiction of the State Park Service. In order to prevent damage to the natural areas

44 N.J.R. 1935(a)

within the jurisdiction of the State Park Service, the Department proposes to prohibit the use of motor vehicles likely to

cause damage to natural areas. Although existing N.J.A.C. 7:2-3.4 already prohibits the operation of motor vehicles on

natural areas and in areas other than established public roads and in designated parking areas, proposed new N.J.A.C.

7:2-3.2(e) will prohibit the use of damaging vehicles anywhere within the jurisdiction of the State Park Service. The

Department has found that once the vehicles are allowed into the parks, their owners often do not limit their use to au-

thorized areas, thereby damaging fragile State resources. The Department intends by the proposed restriction to enable

the State Park Service to reduce damage to its roads and paved surfaces, better control the illegal riding that is occurring

on many roads and trails within State Parks and Forests, and stop the continuing damage and destruction of the natural

resources along these trails and roads. Certain large vehicles, such as military surplus vehicles, damage trails and

off-road areas, and are too heavy for paved roadways in the State Parks. Similarly, ATVs operated on trails and in

off-road areas cause damage. To the extent that an otherwise-prohibited vehicle falls within the definition of off-road

vehicle, it may be operated in a designated area, on a pre-established course under prescribed conditions, in accordance

with a permit issued for a special event, under N.J.A.C. 7:2-3.4(d).

N.J.A.C. 7:2-3.4 Restrictions on operation of motor vehicles

The Department is proposing to amend N.J.A.C. 7:2-3.4(d) by deleting all-terrain vehicle, dirt bike, and trail bike.

The vehicles are included in the proposed definition of "off-road vehicle" at N.J.A.C. 7:2-1.7, Definitions, which the

Department proposes to add to the rule in place of "'off-road' motor vehicle." The Department is also proposing to

amend the heading to reflect that the section contains more than one restriction.

N.J.A.C. 7:2-3.5 Snowmobiles

N.J.A.C. 7:2-3.5 governs snowmobile use on lands and frozen waters under the jurisdiction of the State Park Ser-

vice. The Department proposes to amend N.J.A.C. 7:2-3.5(e) to require a snowmobile accident involving personal in-

jury or damage to property to be reported to law enforcement personnel of the State park. The Department's goal in

proposing this requirement is to enable law enforcement and emergency service personnel to respond more quickly to

such an accident, minimizing further injury and damage. Moreover, notifying law enforcement will ensure that a formal

record is made of the incident.

N.J.A.C. 7:2-3.10 Motorized scooters

The Department proposes new N.J.A.C. 7:2-3.10, Motorized scooters, to prohibit the use of motorized scooters on

any lands or improved or unimproved roadways under the jurisdiction of the State Park Service. Motorized scooters are

not appropriate in the Parks and Forests, as they can be operated at relatively high speeds, and can create a hazard for

the rider as well as other park patrons. When operated on unpaved surfaces, the motorized scooters can damage natural

areas. The Department has observed that motorized scooters are operated on unpaved surfaces more frequently than

their unmotorized counterparts.

Subchapter 8. Boating/Watercraft

N.J.A.C. 7:2-8.10 Ice boating

The Department proposes to amend N.J.A.C. 7:2-8.10(a) to allow ice boating and ice yachting at Lake Musconet-

cong, Swartswood Lake, and Spruce Run Reservoir, in addition to Lake Hopatcong and Greenwood Lake. The Depart-

ment has determined that conditions at these lakes are appropriate for the activities to be conducted there.

Subchapter 9. Day Use Group

N.J.A.C. 7:2-9.7 Group picnicking and reservation procedures

At N.J.A.C. 7:2-9.7(c)2, the Department proposes to delete the reference to the non-refundable reservation fee for

group picnic areas at existing N.J.A.C. 7:2-17.3(a). The Department no longer charges a reservation fee and proposes to

delete the provision; however, the cancellation fee at proposed N.J.A.C. 7:2-17.3(a)13 remains in effect, and is charged

if a group cancels its reservation.

Subchapter 10. Golf Courses

44 N.J.R. 1935(a)

The Department is proposing to repeal N.J.A.C. 7:2-10, Golf Courses, and reserve the subchapter. Private entities

administer the Department's golf courses under agreements with the Department, making the section unnecessary. For

the same reason, the Department proposes to delete the Spring Meadow Golf Course fee provisions at N.J.A.C.

7:2-17.1(j) and recodify the remaining subsections.

Subchapter 13. State Marinas

N.J.A.C. 7:2-13.2 Application for vessel berth permits at State marinas

The Department is proposing to amend N.J.A.C. 7:2-13.2(d), which governs the waiting list for applications for

vessel berth permits at State marinas. As in the existing rule, confirmation that an applicant wants to remain on the

waiting list must be made in person or by mail. Telephone, fax, or e-mail is not accepted. The amended rule sets forth

the hours that the marina office is open, and requires the confirmation to be provided during the month of January. The

existing rule requires confirmation to be provided no later than January 31, but could be interpreted as allowing the con-

firmation to be made prior to January 1.

N.J.A.C. 7:2-13.3 Berth permits

The Department proposes to amend N.J.A.C. 7:2-13.3(b)3 to change the berth permitting procedure so that if an

applicant for a summer seasonal berth renewal does not return his or her application and make payment in full on or

before December 31, the State Park Service will mail the permittee of record a cancellation notice and the berth will be

immediately reassigned. Under the existing rule, the Department provides the permittee of record written notice by cer-

tified mail, allowing the permittee 10 working days to submit the documents and payment. The Department is proposing

to delete N.J.A.C. 7:2-13.3(b)4, which pertains to the 10-day written notice.

[page=1938] N.J.A.C. 7:2-13.7 Marina regulations

Proposed amended N.J.A.C. 7:2-13.7(x) requires all dock boxes installed at the marina by the boat owners to be

removed at the end of the permit year. Proposed new N.J.A.C. 7:2-13.7(y) prohibits swimming at a marina. The De-

partment does not allow swimming at marinas, in order to protect the personal safety of boaters and visitors.

Subchapter 17. Fees for Services and Facilities Provided by the State Park Service

The Department proposes to amend fees throughout Subchapter 17, and add fees for facilities and services that

were not available when the subchapter was last amended. In establishing the proposed fees, the Department has taken

into account the costs of providing a service or facility, including staffing and short- and long-term maintenance;

whether the service or facility is provided to a New Jersey resident or a non-New Jersey resident; whether the activity

for which a fee is charged is undertaken by a student, a commercial entity, or a non-commercial entity; whether the ser-

vice or facility is made available during the peak period between Memorial Day and Labor Day, or on a weekend,

weekday, or holiday; and the quality and quantity of amenities and services that the State Park Service offers at a par-

ticular facility.

The Department proposes to charge different fees for New Jersey residents and non-residents throughout the sub-

chapter. Under the existing rules, in most instances New Jersey residents and non-residents pay the same fee. The only

exceptions are the fees for bus groups at N.J.A.C. 7:2-17.1, which establishes a higher fee for out-of-State bus groups.

The proposed amended fees are, in most instances, higher for non-residents. Operating costs of the State Park Service

are funded through a General State Fund appropriation based on taxes, the bulk of which comes from taxes paid by New

Jersey residents. Non-residents do not contribute to the operating costs, other than through fees; accordingly, some fees

will be higher for non-residents.

N.J.A.C. 7:2-17.1 Day use fees for services and facilities provided by the State Park Service

At proposed amended N.J.A.C. 7:2-17.1, fees for entry to a park (walk in and non-bus parking fees) during the peak

attendance period are not increased for State residents in the within proposed rules; however, non-residents will pay

increased entry fees. As discussed above, taxes support the operating costs of the State Park Service. These taxes are

paid primarily by New Jersey residents, thereby justifying the difference in fees for residents and non-residents. At

N.J.A.C. 7:2-17.1(a), the Department proposes new automobile parking fees for non-residents during the peak period.

At N.J.A.C. 7:2-17.1(c), the fees for all bus groups during the peak period are proposed to increase, and bus groups and

44 N.J.R. 1935(a)

motorcycles will no longer be charged a different fee on weekdays than weekends and holidays during the peak period.

Bus parking is at a premium at all times during the peak period, and space for bus parking is limited. Therefore, the

Department proposes to eliminate the difference between the fees for weekdays and weekends and holidays. The De-

partment proposes to reduce the fee for motorcycles (both New Jersey resident and non-resident) on weekends and hol-

idays during peak periods. The reduced fee is in recognition that a motorcycle carries no more than two people (a typi-

cal car carries four or five), and usually requires less than a full parking place. During non-peak periods at Island Beach

State Park, proposed N.J.A.C. 7:2-17.1(b) imposes a higher fee for non-resident automobiles and motorcycles, and for

all bus groups. Throughout the rules, the fee to park an oversized vehicle is greater than for a vehicle that is not over-

sized. (See Summary of definitions, N.J.A.C. 7:2-1.7.)

The Department is instituting a reservation deposit for bus groups, in accordance with proposed new N.J.A.C.

7:2-17.1(d). The $ 25.00 deposit is refundable if the group cancels its reservation six or more calendar days prior to the

reserved date. The balance of the parking fee is to be paid upon arrival at the park. The requirement that the reservation

deposit be paid at the time of reservation is intended to discourage last-minute cancellations. Each park is limited in the

amount of bus parking it can accommodate. When a bus group cancels its parking reservation on short notice, park staff

is unable to rebook the slot, which causes the Department to lose revenue and denies other bus groups the opportunity to

utilize the park. Penalties for cancellation are not new. The existing rules at N.J.A.C. 7:2-9.7(c)2, 17.2(d), and 17.3(a)9

provide for cancellation fees for both group camping and group picnicking.

The Department is proposing to delete existing N.J.A.C. 7:2-17.1(d). Proposed new N.J.A.C. 7:2-17.1(e), like ex-

isting subsection (d), provides for an annual parking pass for access to the State parks. The fee for an annual parking

pass for New Jersey residents is unchanged, but is proposed to increase for non-residents. The pass is valid for all areas

where a parking fee is charged. The Department proposes to continue the reduced fee for a second annual parking pass,

if it is purchased at the same time as the first annual parking pass. The fee is unchanged for New Jersey residents, but is

increased for non-residents and oversized vehicles. The proposed rule does not continue the existing requirement that

the pass be purchased by someone in the same household as the purchaser of the first pass. The rule is intended to allow

the public more flexibility in using annual park passes, and encourage greater visitation to New Jersey's State parks.

Existing N.J.A.C. 7:2-17.1(e) is proposed to be recodified as subsection (f).

The Department is proposing to recodify existing N.J.A.C. 7:2-17.1(f) as subsection (g) and amend it to increase

the daily and annual launch ramp fees for both New Jersey residents and non-residents at Leonardo State Marina, Li-

berty State Park, Corson's Inlet, Mullica River, and Hopatcong State Park. New daily and annual boat launch fees are

being proposed for the Bull's Island Recreation Area boat launches located on the Delaware and Raritan Canal and its

feeder canals, and Fisherman's Landing at Parvin State Park. The proposed new fees at the Delaware and Raritan Canal

and Fisherman's Landing at Parvin State Park reflect the increased public demand for boat launching at these locations,

which results in additional costs to the Department in order to maintain the launch areas, such as hiring additional sea-

sonal employees to ensure the launch areas are clean and safe for the public to use.

The Department is proposing to recodify existing N.J.A.C. 7:2-17.1(g) and (h) as subsections (h) and (i) and amend

the subsections to increase the fee for dry boat storage permits at Spruce Run and Corson's Inlet. These fee increases are

intended to defray costs associated with dry boat storage, and keep the Department's fees to store a boat at Spruce Run

lower than similar fees at private facilities in the surrounding area. The Department also proposes at N.J.A.C.

7:2-17.1(h) to increase the late boat removal fee and the late boat storage fee, and add a cancellation fee for people who

cancel their storage reservations. As discussed above with regard to N.J.A.C. 7:2-17.1(d), concerning non-refundable

deposits for bus groups, the Department is limited in the amount of dry boat storage it can offer. When someone cancels

a reservation, the Department may be unable to rebook the space, causing a loss in revenue.

The Department is proposing to recodify existing N.J.A.C. 7:2-17.1(k) as subsection (j), with no change in text. The

Department is proposing to recodify existing N.J.A.C. 7:2-17.1(l) as subsection (k) and to amend it to increase the daily

fee for admission to Barnegat Lighthouse for visitors age 12 and older, and add a new fee for park visitors from age six

through 11. Fees apply only during the peak season. The proposed fees will defray some of the Department's costs asso-

ciated with providing additional employees at the facility during the peak season.

The Department is proposing to recodify existing N.J.A.C. 7:2-17.1(m) as subsection (l) and amend it to apply to

historic tours not only at Batsto, but also at Ringwood Manor, Twin Lights, and Fort Mott. The Department proposes to

amend N.J.A.C. 7:2-17.1(l)1 to indicate that the lower fee is for visitors ages six through 11, for clarity, and increase the

fee for unscheduled tours for visitors age 12 and over at proposed N.J.A.C. 7:2-17.1(l)2. The fees are being proposed in

44 N.J.R. 1935(a)

order that the Department can better manage tours through scheduling, which ensures that appropriate staff is available

to conduct tours at the historic sites.

The Department is proposing new N.J.A.C. 7:2-17.1(m) to establish fees for tours of the facilities at Washington

Crossing State Park. Visitors age six through 11 will pay a reduced fee. The Department is proposing these new fees to

support the interpretive services it provides at Washington Crossing.

[page=1939] N.J.A.C. 7:2-17.2 Overnight use fees for services and facilities provided by the State Park Service

N.J.A.C. 7:2-17.2 establishes the fees for overnight use of the State's parks and forests. At N.J.A.C. 7:2-17.2(a), the

Department is proposing to increase the overnight fees for New Jersey residents and non-residents, and add a fee at

N.J.A.C. 7:2-17.2(a)5 for heated lean-tos, which have become available since the last time the section was amended.

Although the Department is not basing its proposed fees on the fees of surrounding states, a comparison is instructive.

The proposed fees for overnight facilities are consistent with the range of fees charged by the neighboring states of New

York, Pennsylvania, and Delaware, although the fee structure differs. Delaware and Pennsylvania distinguish between

residents and non-residents, while New York does not. Although Pennsylvania, Delaware, and New York charge a base

rate per night that appears to be less per person than New Jersey's per person cost, when surcharges are factored in New

Jersey's per night rate is lower.

The family campsite fee of $ 20.00 for New Jersey residents, which remains unchanged by this proposal, is compa-

rable to or less than the other state's fees, once other states' surcharges are added. The proposed increases to the

non-resident camping fees range from $ 2.00 to $ 12.00 higher than the resident fees. The proposed differences between

resident and non-resident fees are comparable to price differentials in Pennsylvania ($ 5.00 to $ 18.00 more for

non-residents), and Delaware ($ 4.00 to $ 9.00 more for non-residents). As amenities such as electric and water hookups

are added to the State's group camping areas, the Department will charge the additional fees at proposed N.J.A.C.

7:2-17.3(a)9 and 10, as appropriate.

The Department is proposing at N.J.A.C. 7:2-17.2(a)9 a new commercial backpacking fee of $ 35.00 a group per

night at Wawayanda and High Point State Parks and Stokes and Worthington State Forests. This new fee will apply to

the many commercial enterprises that use the Appalachian Trail as a destination for their group backpacking trips. Be-

cause the group walks into the park along the Appalachian Trail, it does not pay an entry fee to the park. Because the

group camps along the Appalachian Trail in the park, it does not pay a camping or overnight fee. The fee is proposed to

be located in N.J.A.C. 7:2-17.2 (overnight fees), rather than in N.J.A.C. 7:2-17.3 (miscellaneous fees) because it applies

only to commercial backpacking groups that camp overnight in the parks, and not to commercial backpacking day trips.

The proposed fee is intended to defray a portion of the Department's cost to maintain the shelters along the Appalachian

Trail, in which the groups camp.

The Department is proposing to amend N.J.A.C. 7:2-17.2(c)1 through 5 to increase the fees charged for cabins pro-

vided by the State Park Service. The proposed cabin fee increases are necessitated by the increased demand for use of

the cabins, which require continual maintenance and preparation between cabin guests. Although the Department is not

establishing its fees based on those charged by surrounding states or private facilities, again a comparison is instructive.

The proposed fee for a four-bunk cabin fee is lower than the fee that Delaware charges for a cabin with similar ameni-

ties that sleeps four. Pennsylvania offers modern cabins that sleep as few as six, and as many as 10 or 12. In Pennsylva-

nia, cabins are rented only by the week, and a hotel tax is charged in addition to the cabin rental fees. A comparison of

cabin fees charged at private campgrounds in New Jersey indicates that privately offered cabins that sleep four, and do

not offer amenities such as inside running water, are rented at a base rate between $ 55.00 and $ 75.00 per night.

The Department is proposing to amend the cancellation fees at N.J.A.C. 7:2-17.2(d)1 and 2. Existing N.J.A.C.

7:2-17.2(d)1 applies generally to cancellation of overnight reservations. Existing N.J.A.C. 7:2-17.2(d)2 applies to can-

cellation of group cabin reservations. As proposed to be amended, N.J.A.C. 7:2-17.2(d)1 applies to cancellation of

camping reservations, and N.J.A.C. 7:2-17.2(d)2 applies to overnight facilities (other than camping). The cancellation

fees apply to groups and individuals. The proposed camping cancellation fee is the lesser of two nights' stay or $ 40.00

for New Jersey residents and $ 50.00 for non-residents. The overnight facility cancellation fee applies only if the reser-

vation is canceled less than seven days before the first night of the reservation, and is equivalent to the cost of a one

night stay. The cancellation fees are necessary because there is often insufficient time after the Department receives a

cancellation for it to rebook the campsite or overnight facility, which results in lost revenue to the Department.

At N.J.A.C. 7:2-17.2(d)3 and 4, the Department proposes to increase the equipment removal and storage fees, for

both residents and non-residents. These increases will help defray maintenance and administrative costs.

44 N.J.R. 1935(a)

The Department is proposing new N.J.A.C. 7:2-17.2(d)5, to establish a fee of $ 5.00 per night to campers who util-

ize the designated pet friendly campsites at State parks and forests. These are discussed at the Summary of proposed

amended N.J.A.C. 7:2-2.8, above. This proposed fee will offset the additional maintenance required to ensure the pet

friendly campsites are kept clean for the next campers.

Each campsite, lean-to, yurt, and shelter is allowed two vehicles, which is as many as most areas can accommodate.

The number of vehicles that overnight facilities and group campsites are allowed varies, based on the size of the facility

and the size of the adjacent parking area. Proposed N.J.A.C. 7:2-17.2(d)6 establishes a fee for bringing additional ve-

hicles to these facilities. By requiring visitors to identify and pay for additional vehicles, the Department is better able to

determine how many authorized vehicles are in the parks overnight, and ensure that there is sufficient safe parking for

them.

N.J.A.C. 7:2-17.3 Miscellaneous fees for services and facilities when and where provided by the State Park Ser-

vice

N.J.A.C. 7:2-17.3 establishes the fees for miscellaneous services and facilities that the State Park Service provides.

The Department proposes to amend N.J.A.C. 7:2-17.3(a)2 through 4 to except Liberty State Park from the stated fee.

The Department is proposing fees specific to Liberty State Park at N.J.A.C. 7:2-17.3(d). The Department is proposing

new N.J.A.C. 7:2-17.3(a)5 to add a fee for Student Video/Documentary of $ 55.00 per day. This offers students a re-

duced fee, rather than the commercial photography, video, or movie fees at N.J.A.C. 7:2-17.3(a)2 through 4. To qualify,

a student must provide the Department with a letter of request on official letterhead from a college, university, high

school, or vocational school, signed by the student's instructor. The Department often receives requests from students

taking courses in film or video production to create films or documentaries in the State Parks as part of their course-

work. The proposed paragraph addresses those requests. The remaining paragraphs are recodified.

The Department is proposing to amend the fees at N.J.A.C. 7:2-17.3(a)6, 7, and 8 for the Homeowners Firewood

Permit, and clothes washer and dryer. Proposed new N.J.A.C. 7:2-17.3(a)9 and 10 establish fees for electric and water

hook-ups, where available. These fees are intended to offset the increased utility fees to the State for the electric and/or

water service that the Department anticipates offering at select campgrounds as part of its Capital Improvement Pro-

gram, and is in addition to the applicable overnight use fee under N.J.A.C. 7:2-17.2. The Department proposes to reco-

dify the remaining paragraphs.

The Department proposes to increase the fee for an organized group picnic both when the parking fee is in effect

and when the parking fee is not in effect. These facilities are in high demand at peak attendance periods, often with

multiple groups using the same site on a single day. The Department provides maintenance between groups, to keep the

picnic areas clean and safe for visitors. The proposed fee increase will help defray such seasonal costs. The Department

is proposing to delete the reference to a reservation fee at subparagraphs (a)11i and ii, as the State Park Service no

longer charges this fee. The fees in proposed amended N.J.A.C. 7:2-17.3(a)11 apply to Cheesequake State Park, Spruce

Run Recreation Area, Washington Crossing State Park, Parvin State Park, and Voorhees State Park, where there are

separate group picnic areas for each group. Some parks or forests are identified in both "parking fee in effect" and "no

parking fee in effect," depending on whether a parking fee is imposed during the time of year. If there is no parking fee

in effect, the group picnic reservation fee is higher, because the attendees will not be paying for parking. (See Summary

of N.J.A.C. 7:2-17.3(a)12 below.)

Like N.J.A.C. 7:2-17.3(a)11, proposed new N.J.A.C. 7:2-17.3(a)12 imposes a fee for organized group picnics;

however, paragraph (a)12 applies where the facilities for group picnics are not separate for each group. Several groups

using the picnic area may share the amenities, such [page=1940] as lavatories. These shared facilities are at Bass River

State Forest, Belleplain State Forest, High Point State Park, Stokes State Forest, Swartswood State Park, Brendan T.

Byrne State Forest, Cape May Point State Park, Fort Mott State Park, and Stephens State Park. As with the proposed fee

at N.J.A.C. 7:2-17.3(a)11, the proposed fee will help defray increased seasonal maintenance costs.

The Department is proposing to amend N.J.A.C. 7:2-17.3(a)14 and add new paragraph (a)15 to designate separate

special use permits for commercial and non-commercial organizations, each with its own fee. In the Department's expe-

rience, commercial entities make use of State Parks to make money (for example, commercial films and photography,

or concerts); accordingly, the fee to a commercial entity will be higher than to a non-commercial entity. The existing

rule at N.J.A.C. 7:2-2.5, Commercial use, reflects the Department's differentiation between commercial entities and

others, by requiring a person engaged in a commercial enterprise or activity to obtain a permit, or enter into a contract or

lease with the Department.

44 N.J.R. 1935(a)

The Department proposes to recodify paragraph (a)11 as paragraph (a)16 and increase the transient RV trailer

dumping fee for residents and non-residents who are not registered campers.

Proposed N.J.A.C. 7:2-17.3(a)17 through 23 and (a)25 through 28 are new. At proposed new N.J.A.C.

7:2-17.3(a)17 the Department proposes a programming fee of up to $ 25.00 per person, which will be based on the type

of program provided. The State Park Service provides an array of recreational and interpretive programs throughout the

State Park System. For events that are sponsored by the State Park Service, the Department proposes to charge a fee to

offset the cost of materials and equipment and staff time, since staff will be dedicated to leading these programs. The

proposed fee is per person, and applies to programs such as guided hikes and walks that focus on the natural and historic

resources within the State Park System. Programs that require less staff time and minimal equipment would command a

lower fee. The Department anticipates that programs such as story hour, lectures and other educational programs that

can be conducted on-site and are not resource intensive would continue to be free of charge. The programming fee

would be in addition to any parking or admission fee.

Charging a participation fee in advance, such as the proposed programming fee, has been shown to increase the

level of participation on the day of the scheduled event. The programming takes time to prepare. If the group cancels,

that preparation time is lost. Groups that pay a programming fee are less likely to cancel at the last minute. By way of

example, the State of Delaware and some New Jersey county park systems charge for programs to offset their staff costs

and as an incentive for registered guests to participate.

The Department proposes at N.J.A.C. 7:2-17.3(a)18 a reserved group tour fee for tours at historic sites scheduled in

advance. Scheduling in advance ensures that appropriate staff is available to conduct the tour, and also allows the De-

partment to tailor the tour to the interest of the group. The proposed fee is less for children age six through 11 than for

visitors 12 and older.

The Department proposes at N.J.A.C. 7:2-17.3(a)19 a conference facility fee for the High Point Center and the

Central Region Center. These conference facilities have recently become available for public rental. Their locations

within these State Park Service areas provide an ideal setting within a natural resource environment to conduct meetings

and are comparable to the cost to rent conference facilities in the general area of both locations. The proposed fee will

help defray the administrative and maintenance costs associated with these conference rooms.

An off-site interpretive fee is proposed at N.J.A.C. 7:2-17.3(a)20. This fee is charged when State Park Service staff

provides an interpretive program at a location other than a State Park. Often, historic or environmental interpretive spe-

cialists will present programs to schools or other organized groups. Under the existing rules no fee is charged for these

programs; however, when an employee leaves his or her employment location to present the program, the State Park

Service incurs operational costs. In some cases, the State must temporarily close the interpretive area to which the em-

ployee is assigned, because the employee will be off-site. This can result in lost revenue for the State. The proposed fee

will offset some of the resulting costs.

At N.J.A.C. 7:2-17.3(a)21, the Department proposes a special event parking fee of $ 5.00 per car for events at State

parks, forests, and recreation areas during the off season, where parking fees are not established. These events include

competitions, concerts, and other entertainment. Often these events draw large crowds. The proposed new fee is neces-

sary to defray the costs of additional seasonal and permanent staffing that is necessary when these types of events are

held at State park or forest locations.

A per event fee is proposed at N.J.A.C. 7:2-17.3(a)22 for the Allamuchy Mountain State Park concert field, which

is approximately 12 acres. The Department proposes to make the concert field available to groups to hold large events

for the public's enjoyment. The fee is necessary to defray the costs associated with maintaining this resource. The pres-

ence of a large number of people on the field requires, for example, post-concert maintenance and cleaning, in order that

the field is available for the next group. Similarly, at N.J.A.C. 7:2-17.3(a)23 the Department proposes a fee for use of

the Allamuchy Mountain State Park grounds. For both the concert field and the grounds, staff costs are additional, as set

forth at proposed amended N.J.A.C. 7:2-17.3(a)24. The Department proposes to increase staff costs $ 5.00 per hour per

employee.

At new N.J.A.C. 7:2-17.3(a)25, the Department is proposing an online reservation transaction fee. The fee is asso-

ciated with an online reservation system that is administered for the Department by a third party. The reservation system

allows visitors to reserve overnight facilities through the internet. The proposed transaction fee is intended to offset the

cost that the third party charges the Department. N.J.A.C. 7:2-17.3(a)26 and 27 are related fees, which apply when a

visitor uses the online reservation system or the call center to change a reservation or to make a same day, in-person

44 N.J.R. 1935(a)

reservation at a park or forest office. When the online reservation system is in place, the Department will no longer be

able to accept in person reservations. If a person comes to a park or forest office for a same-day reservation, he or she

will be required to use the online reservation system, for which a reduced transaction fee will be charged. These pro-

posed fees offset what the Department is charged for the transaction.

Proposed N.J.A.C. 7:2-17.3(a)28 imposes a fee for Wi-Fi or other Internet service, when it is available. The pro-

posed fee is per stay and is intended to defray some of the costs of introducing and maintaining the service.

The Department is proposing to amend N.J.A.C. 7:2-17.3(b) and (c) to continue the existing fees for annual mobile

sport fishing vehicle permits at Island Beach State Park and Corson's Inlet State Park for New Jersey residents, and to

increase the fee for non-residents. The three-day mobile sport fishing vehicle permit at Island Beach State Park would

increase for New Jersey residents and non-residents. The Department is proposing a mobile sport fishing vehicle permit

replacement fee at N.J.A.C. 7:2-17.3(b)3 and (c)2. This new fee is necessary to defray the administrative costs asso-

ciated with the issuance of the replacement permit.

The Department proposes at N.J.A.C. 7:2-17.3(b) and (c) to replace "sportfishing" with "sport fishing," in order that

the rule is consistent with the defined term at N.J.A.C. 7:2-1.7, which is "mobile sport fishing vehicle."

The Department is proposing to amend N.J.A.C. 7:2-17.3(d)1 through 5 to increase the fees for use of the Interpre-

tive Center and Central Railroad of New Jersey (CRRNJ) facilities at Liberty State Park. It is proposing to increase the

fee for ticketed events at the CRRNJ Terminal from five percent of the ticket sales to 10 percent of the gross revenue

from the event. The proposed amended fees will help to offset the cost of administering the CRRNJ facility, including

the provision of personnel for security and maintenance at special events.

At N.J.A.C. 7:2-17.3(d)6 through 10, the Department is proposing new fees for use of rooms within the CRRNJ

building. These rooms were recently renovated and are available to the public. Liberty State Park's proximity to New

York City and other major urban areas makes it a popular location for meetings and conferences. The proposed fees

have been established to make the rooms competitive within the surrounding market, and to offset some of the costs

associated with maintaining these rooms for the public's use.

Proposed amended N.J.A.C. 7:2-17.3(d)11 (current (d)6) and proposed new paragraph (d)12 apply to docking fees

at Liberty State Park. The [page=1941] existing paragraph has a single fee for the entire site. The proposed amended

and new paragraphs differentiate between the Liberty Terminal Dock and the Liberty Park Office Dock. Because of

popularity and location, the Department is proposing a higher fee for docking at the Liberty Terminal Dock than at the

Liberty Park Office Dock.

The Department is proposing to increase the fee for the use of the North or South Field, and to relocate fee provi-

sions associated with Green Park, North or South Lawn, and the Dog Show Field (now known as Freedom Field) from

proposed amended paragraph (d)13 (current (d)7). Fees for South Lawn and Freedom Field are proposed at N.J.A.C.

7:2-17.3(d)14 through 16. The Department proposes at N.J.A.C. 7:2-17.3(d)14 to allow the use of half of the South

Lawn or Dog Show Field at a reduced fee, which will give the public the option of reserving half of the field for smaller

events. The Department proposes new fees, which differ for New Jersey residents and non-residents, for use of the pic-

nic pavilions at Freedom Field. The proposed fees for North or South Field, South Lawn, and Freedom Field will help

to offset the cost of providing personnel for security and maintenance at the special events, as well as the cost to restore

lawns after an event.

Fees for Green Park are proposed at new N.J.A.C. 7:2-17.3(d)17 and 18, and differ for commercial and

non-commercial use, for the reasons discussed in the Summary of amendments to N.J.A.C. 7:2-17.3(a)14 above. The

proposed fees include a flat fee for use of the Green Ring, plus a per acre fee for each acre outside of the Green Ring,

plus a per day fee for setup and breakdown of the site. The setup and breakdown fees do not apply if the set up and

break down take place the same day as the event. The setup fee applies to each day that the area is set up in advance of

the event, and the breakdown fee applies to each day after the event that equipment, seating or other items remain at the

site. Liberty State Park's location along the Hudson River provides a panoramic view of the New York skyline, making

it an ideal venue for events. Liberty State Park is in high demand for major events, which have a significant impact on

the facility, which increases the Department's cost to provide and maintain the area.

Parking fees for Liberty State Park are set forth at proposed amended N.J.A.C. 7:2-17.3(d)19, 21, and 22 (current

(d)8, 9, and 10) and proposed new paragraph (a)20. The Department is proposing a daytime special event Liberty Re-

serve parking lot fee of $ 700.00 or $ 7.00 per parking space per event, whichever is less. The resulting fee is consistent

with the existing fee for parking in the other two parking lots located within Liberty State Park at proposed amended

44 N.J.R. 1935(a)

N.J.A.C. 7:2-17.3(d)21 and 22. The proposed evening special event Liberty Reserve parking lot fee at N.J.A.C.

7:2-17.3(d)20 remains the same as the existing per vehicle fee for parking in the lot, except the total proposed parking

fee is not capped at $ 500.00, as in the existing rule. (See existing N.J.A.C. 7:2-17.3(d)8.) The Department proposes to

amend the parking-related rules to refer to "vehicles," rather than "cars," to more accurately reflect the use of the lots.

Not all vehicles that use the parking lots are cars.

The Department is proposing at N.J.A.C. 7:2-17.3(d)23 (current (d)11) to raise the minimum fee for use of the

concert site at Liberty State Park, and change the charge of five percent of ticket sales to five percent of all sales and

receipts, including tickets and concession sales. The minimum fee would be charged regardless of ticket and concession

sales, but would increase to equal five percent of the ticket and concession sales. Basing the fee on tickets and conces-

sions makes this fee is similar to what the Department charges vendors who enter into concession contracts at other

State parks and forests. The proposed increase in the minimum fee reflects prevailing costs at other metropolitan sites of

comparable size.

At new N.J.A.C. 7:2-17.3(d)24, 25, and 26, the Department is proposing specific commercial photography, com-

mercial movie, and commercial video/advertisement fees for Liberty State Park, which are in addition to staff costs and

other applicable fees. Liberty State Park's location across the Hudson River from New York City makes this site very

popular for the filming of movies and commercials, photo shoots, and other commercial film ventures, and these fees

will help offset the costs associated with these activities, including the provision of personnel for security and mainten-

ance, as well as the administrative costs associated with each commercial project. As discussed at proposed N.J.A.C.

7:2-17.3(a)5 above, the Department is proposing a student video fee at new N.J.A.C. 7:2-17.3(d)27. The fee is the same

for Liberty State Park and the rest of the State Parks and Forests, but is repeated at both N.J.A.C. 7:2-17.3(a) and (d) in

order that it is clear that the reduced student fee is available at Liberty State Park.

The Department is proposing to increase the fee at N.J.A.C. 7:2-17.3(e) associated with the use of the Batsto Audi-

torium. The cost to provide this facility, which includes a kitchen and up-to-date technology, has increased, which ne-

cessitates the proposed increased fee.

Proposed new N.J.A.C. 7:2-17.3(f) and (g) establish fees for use of the High Point Center at High Point State Park

and the State Park Service Central Region Office, which were not previously available for public use. The proposed fees

are intended to defray staff and maintenance costs.

N.J.A.C. 7:2-17.4 Fees for services and facilities provided by the State Park Service at State marinas

Existing N.J.A.C. 7:2-17.4 establishes fees for services and facilities at State Marinas. The Department proposes to

amend N.J.A.C. 7:2-17.4(a) and (b) to increase fees for seasonal berthholder permits at the Forked River State Marina

and Leonardo State Marina. As in the existing rule, the proposed fees are lower in winter months when demand is not as

great. The Department also proposes to amend the fees at the marinas for daily and monthly berths, and for commercial

vessels. The proposed fees are more in line with competitive pricing elsewhere, and are intended to help to defray staff-

ing and maintenance costs. The proposed amended rule implements different fees for New Jersey residents and

non-residents. At proposed amended N.J.A.C. 7:2-17.4(b)2, the Department proposes to amend the column heading

from "Berth Size" to "Vessel Size," to better reflect the basis for the fee, and to conform the heading to paragraph (a)2,

which also contains fees based upon the length of the vessel. Similarly, proposed amendments to N.J.A.C. 7:2-17.4(c)

establish different fees for residents and non-residents for summer and transient berthholders at South Seaside Park.

Throughout the section, the Department proposes to replace "ft" with "foot," for consistency.

Operating costs of the State Park Service are funded through a General State Fund appropriation based on taxes, the

bulk of which comes from taxes paid by New Jersey residents. Proposed N.J.A.C. 7:2-17.8, Eligibility for a fee applica-

ble to a New Jersey resident, contains the means by which the Department will determine residency for purposes of

fees. The distinction between a New Jersey resident and a non-resident must be one that the staff at the State Parks can

make quickly, in order that the flow of entrants at the parks is not delayed. The Department is proposing to distinguish a

New Jersey resident from a non-resident through a visual determination of vehicle license plates for parking fees. Using

the license plate as the method of determination is a rapid means of identification by the gate staff and will facilitate the

movement of vehicles into the parking areas. Visitors in a vehicle with out-of-State license plates can qualify for the

New Jersey resident parking fee if one of the visitors has valid government-issued identification that shows he or she is

a resident of New Jersey.

For a per person fee or permit, the Department proposes to determine whether a New Jersey resident or

non-resident fee applies based on a government-issued identification. For fees relating to boats, canoes, or other vessels,

44 N.J.R. 1935(a)

such as boat launch or storage, the Department proposes to determine whether a New Jersey resident or non-resident fee

applies based on the registration of the vessel, as displayed on the hull, or the visitor's residence, as evidenced by gov-

ernment-issued identification.

The Department proposes that a residency-based fee for group permits be dependent on the residence address on

the government-issued identification of the person making the reservation or applying for the permit. The person mak-

ing the reservation must be among the members of the group, and must have his or her identification available for in-

spection at the time the group uses the State facility. It is not appropriate for a resident of the State to make a reservation

for an out-of-State group (of which he or she is not a part), in order that the group is charged the New Jersey resident

fee. Government-issued identification includes, but is not limited to, a driver's license, pilot's license, vehicle registra-

tion, or voter registration, provided the state of residence is on the identification card.

In accordance with N.J.S.A. 13:1L-12 and 12.1, the Department shall not charge a daily parking fee or daily

walk-in fee to any resident of the [page=1942] State aged 62 or older, or who is totally disabled, or who is an active

member of the New Jersey National Guard who has completed initial active duty training. Nor shall the Department

charge a daily parking or daily walk-in fee to any veteran during an event held by a veterans' organization at a State

Park or forest. There is also no fee for a veterans' organization using a State Park or forest for an event. These statutory

provisions are incorporated in proposed N.J.A.C. 7:2-17.9, Exemption from fees. The Department proposes to delete

N.J.A.C. 7:2-17.1(i), which contains exemptions that are included in proposed N.J.A.C. 7:2-17.9.

The Department also proposes to correct grammatical errors and cross-references throughout the chapter.

Social Impact

The proposed new rules, amendments, and repeal are expected to provide a positive social impact by maintaining

public safety as well as improving stewardship of trails, beaches, and all natural and historic resources located within

New Jersey's State Parks and Forests. The proposed amendments relating to fees are anticipated to generate additional

revenue, thereby providing the Department with resources to maintain public safety and protect the natural and historic

resources located within New Jersey's State Parks and Forests and will assist the Department to partially offset the oper-

ating costs required to continue to provide recreational services and facilities to the public.

Economic Impact

The Department anticipates that the proposed new rules, amendments, and repeal will have an economic impact on

users of the State's parks and facilities, as a result of new and increased fees. Including the increase in fees proposed, the

revenue collected by the State Park Service still falls far short of the costs incurred by the Department to operate the

State's park system. Increased public demand to use these facilities and increasing costs for support and maintenance of

the facilities require the Department to provide more services and face increasing expenses without receiving additional

funding from the State General Fund.

The State Park and Forestry Resource Act, N.J.S.A. 13:1-1 et seq., authorizes the Department to charge and collect

fees for the services it performs at the State's parks and forests. (N.J.S.A. 13:1L-19) The State Park Service manages

440,000 acres of land and water in 39 State Parks, 11 State Forests, three recreation areas, and 57 historic sites and dis-

tricts. The current cost of providing and maintaining these areas is approximately $ 40 million annually. The State Park

Service recovers approximately $ 5 million through the fees it charges users, and an additional $ 3 million from pay-

ments by concession operators and leaseholders; the remaining budget comes from State appropriations. Fees paid by

users of State park facilities offset less than 15 percent of the operating costs of the State Park Service annually.

The Department has been able to accommodate some budget shortfalls for the State Park Service through a combi-

nation of using excess receipts (revenue in excess of what the State Park Service must return to the State's General

Fund), declines in staffing due to retirements and other attrition, reducing part-time (seasonal) staff at certain State

Parks and Forests during the winter season, and deferring maintenance of facilities and equipment purchases. Many of

these strategies result in a decline in the quality and number of facilities and amenities that the State Park Service is able

to offer visitors. Nevertheless, expenses including, but not limited to, utilities, vehicle replacement and maintenance,

and salaries continue to increase. In 2008, the Department proposed to close certain State Parks, Forests, and historic

sites due to funding shortfalls. To prevent the closures, the Legislature appropriated $ 9 million from the Shore Protec-

tion Fund to defray the cost of operation and maintenance of the State Parks and Forests for one year. (N.J.S.A.

13:19-16.1.b2(a).) The use of these funds eliminated the immediate threat of closure, but the Legislature has had to find

other dedicated revenue sources to make up the deficit each subsequent year.

44 N.J.R. 1935(a)

When the Legislature appropriated funds for State Parks in 2008, it required the Department to evaluate its fee

structure for facilities managed by the State Park Service, and to research additional revenue options to offset the in-

creasing operating costs to maintain the State Parks and Forests. (P.L. 2008, c. 31) The Department continues to pursue

additional revenue options to offset increased operating and maintenance costs of State Parks and Forests. Marketing

and leasing opportunities are being analyzed to ensure that existing fees and leases are consistent with surrounding

market value rates. In addition, new opportunities to enhance public amenities are being pursued through innovative

concession agreements. Although new revenue will be realized from concessions and through the updating of leases to

address fair market value, the Department does not anticipate that the additional revenue will offset a portion of the

funding needs in fiscal year 2013 (FY 2013), which began July 1, 2012, or in the foreseeable future.

As part of its analysis of revenue options subsequent to the Legislature's 2008 appropriation, the Department re-

viewed State Park Service revenues and costs, compared the State's fees against fees for similar services by other states,

other governmental entities in New Jersey, and the private sector. The proposed amended fees will ensure that New Jer-

sey remains competitive with other providers of similar services in the region, while generating approximately $ 1.5

million in additional revenue.

The Department recognizes that the proposed fees will have an economic impact on users of State Park services and

facilities; however, these fee changes are necessary to keep the amenities and services available to New Jerseyans as

well as tourists to the Garden State. The proposed fees offer a balance between the State's need to offset a portion of its

operating costs and the public's desire that the economic impact on visitors be minimized.

Environmental Impact

The Department anticipates that the proposed new rules, amendments, and repeal will have a positive environmen-

tal impact. The proposed rules and amendments will assist the State Park Service in meeting its stewardship responsibil-

ities for New Jersey's State Parks and Forests, which include administering, managing, and regulating the lands and

facilities within the State parks, forests, recreation areas, natural areas, historic sites, marinas, botanical gardens, and

other lands, waters, and facilities under the administration of the State Park Service. The proposed new rules, amend-

ments, and repeal are intended to provide the financial resources that are necessary for the State Park Service to contin-

ue to administer and manage State Parks and Forests and other natural areas.

Federal Standards Statement

Executive Order No. 27 (1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65) require State agencies that adopt,

readopt, or amend any State rule or regulation that exceeds any Federal standards or requirements to include in the

rulemaking document a Federal standards analysis.

The proposed new rules, amendments, and repeal are not promulgated under the authority of or in order to imple-

ment, comply with, or participate in any program established under Federal law, or under a State statute that incorpo-

rates or refers to Federal law, Federal standards, or Federal requirements. Accordingly, Executive Order No. 27 (1994)

and N.J.S.A. 52:14B-1 et seq. do not require a Federal standards analysis.

Jobs Impact

The Department does not anticipate that the proposed new rules, amendments, and repeal will have an impact on

jobs or employment in New Jersey, including the generation or loss of jobs. The State Park Service Code, N.J.A.C. 7:2,

governs the administration, management, and use of lands, waters and facilities under the jurisdiction of the Department

and assigned to the State Park Service in the Division of Parks and Forestry.

Agriculture Industry Impact

The proposed new rules, amendments, and repeal are not anticipated to have an impact on the agriculture industry

in New Jersey. The State Park Service Code, N.J.A.C. 7:2, governs the administration, management, and use of lands,


Parks and Forestry, and do not relate to agriculture or the agriculture industry.

Regulatory Flexibility Analysis

44 N.J.R. 1935(a)

In accordance with the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the Department has de-

termined that the proposed new rules, amendments, and repeal will not impose additional [page=1943] reporting or re-

cordkeeping requirements on small businesses. The proposed new rules, amendments, and repeal will not require small

businesses to employ professional services in order to comply. To the extent that a small business makes use of facilities

or services provided by the State Park Service (such as applying for a permit for commercial photography, or presenting

a concert in a State Park), the business will be subject to the proposed amendments as described in the Summary above,

such as N.J.A.C. 7:2-2.5, Commercial use, and the fees at Subchapter 17. Costs of compliance are discussed in the

Economic Impact above. The proposed amendments are necessary in order to protect the parks and to meet the costs of

providing services and maintaining facilities at State parks, costs which are incurred as a result of the parks' use by indi-

viduals and businesses, both small and large. Therefore, the Department does not propose a differentiation in or lessen-

ing of these requirements for small businesses.

Housing Affordability Impact Analysis

In accordance with N.J.S.A. 52:14B-4.1b, the Department has evaluated the proposed new rules, amendments, and

repeal to determine their impact, if any, on the affordability of housing. The State Park Service Code, N.J.A.C. 7:2, go-

verns the administration, management, and use of lands, waters, and facilities under the jurisdiction of the Department

and assigned to the State Park Service in the Division of Parks and Forestry. The rules do not have an impact on the

Statewide availability or affordability of housing. Accordingly, the Department has determined that the proposed new

rules, amendments, and repeal will not evoke a change in the average costs associated with housing.

Smart Growth Development Impact Analysis

In accordance with N.J.S.A. 52:14B-4.1b, the Department has evaluated the proposed new rules, amendments, and

repeal to determine their impact, if any, on housing production. The State Park Service Code, N.J.A.C. 7:2, has no im-

pact on housing production in New Jersey because the rules govern the administration, management, and use of lands,


Parks and Forestry. Therefore, there is an extreme unlikelihood that the proposed new rules, amendments, and repeal

will evoke a change in housing production within Planning Areas 1 or 2 or within designated centers, under the State

Development and Redevelopment Plan.

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 7:2-10.

Full text of the proposed amendments and new rules follows (additional indicated in boldface thus; deletions indicated

in brackets [thus]):

SUBCHAPTER 1. GENERAL PROVISIONS

7:2-1.7 Definitions

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly

indicates otherwise.

. . .

"Initial active duty training" means basic military training, for members of the New Jersey Air National Guard,

and basic combat training and advanced individual training, for members of the New Jersey Army National

Guard.

"Law enforcement personnel" means a State Park Police Officer, State Park Police Sergeant, State Park Police Lieute-

nant or other State Park Service personnel [whom the Director of the Division of Parks and Forestry has] vested with

law enforcement authority and empowered to warn, cite and/or arrest.

"Mobile sport fishing vehicle" means a two-axle, four-wheel drive passenger motor vehicle, having tires no larger

than 40 inches in overall diameter, designed to be licensed and operated on the public roadways and highways of the

State and capable of four-wheel drive operation when off the public roads on the beach. [ATV's, golf carts and specialty

44 N.J.R. 1935(a)

vehicles] ATVs, recreational camping vehicles (RVs), trailers-in-tow, and military-designed or military surplus

vehicles (whether or not modified for civilian use) are specifically [excepted] excluded from this definition.

"Motor vehicle" means any vehicle propelled other than by muscular power, except motorized bicycles, motorized

scooters, and vehicles that run only upon rails or tracks.

"Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston

displacement is less than 50 cubic centimeters (cc), or said motor is rated at no more than 1.5 brake horsepower

or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25

miles per hour on a flat surface.

"Motorized scooter" means a miniature vehicle propelled other than by muscular power and includes, but is not

limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motor-

cycles, motorized skateboards, and other vehicles with motors not manufactured in compliance with Federal

Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to

the vehicle by the original manufacturer. This term shall not include electric personal assistive mobility devices,

motorized bicycles, or low-speed vehicles, or motorized wheelchairs, mobility scooters, or similar mobility assist-

ing devices used by persons with physical disabilities or persons whose ambulatory mobility has been impaired

by age or illness.

"Motorized skateboard" means a skateboard that is propelled otherwise than by muscular power.

"Off-road vehicle" means any motorized vehicle with two or more wheels or tracks that is capable of being op-

erated off of improved and maintained roads including, but not limited to, motorcycles as defined at N.J.S.A.

39:1-1 et seq., Motor Vehicles and Traffic Regulation, snowmobiles, and all-terrain vehicles, and dirt bikes as

defined at N.J.S.A. 13:1L-1 et seq., Acquisition, Construction and Management of State Parks and Forests. A

motorcycle that is designed to be licensed and operated primarily on the public roadways and highways of the

State is not considered capable of operating off of improved and maintained roads and is not included in this

definition.

. . .

"Oversized vehicle" means a single vehicle or combination of vehicles and trailers that will not fit into a 10 feet x

20 feet parking space. This includes, for example, recreational camping vehicles, and vehicles towing trailers or

other vehicles.

. . .

"Veteran" means any resident of the State of New Jersey who has been honorably discharged or released under

honorable circumstances from active service in any branch of the armed forces of the United States, or any ho-

norably discharged member of the American Merchant Marine who served during World War II and is declared

by the United States Department of Defense to be eligible for Federal veterans' benefits.

"Veterans' organization" means the American Legion, Veterans of Foreign Wars, or other veterans' organiza-

tions chartered under Federal law, or any service foundation of such an organization recognized in its bylaws.

. . .

SUBCHAPTER 2. GENERAL USE

7:2-2.1 Purpose/powers

(a)-(b) (No change.)

44 N.J.R. 1935(a)

[(c) The Director of the Division of Parks and Forestry shall designate by Division Administrative Order those State

Park Service personnel to whom law enforcement authority is vested and who are empowered to warn, cite and/or ar-

rest.]

7:2-2.5 Commercial use

A person shall not engage in a commercial enterprise [and activities] or activity on lands and waters under the jurisdic-

tion of the State Park Service without a permit issued by the State Park Service or pursuant to a contract or lease entered

into with the Department. A person to whom such a permit has been issued shall keep a copy of the permit on his

or her person, available for inspection, while engaging in the enterprise or activity that is the subject of the per-

mit.

[page=1944] 7:2-2.8 Pets

(a) Except as provided in N.J.A.C. 7:2-2.9, Service animals and hunting dogs, and (b) below, all pets are prohibited

from buildings, swimming beaches, swimming waters, [all] camping and overnight facilities other than those desig-

nated as pet friendly, golf courses, and botanical gardens.

(b) Pets are allowed at camping areas and overnight facilities designated as pet friendly, provided the owner

complies with (c) below.

[(b)] (c) [Where allowed in areas not listed in (a) above, except] Except as provided in [(c)] (d) below and N.J.A.C.

7:2-2.9, the owner or any pet shall keep the pet caged or held on a leash (maximum length - six feet) and under the im-

mediate control of the owner at all times.

Recodify existing (c)-(f) as (d)-(g) (No change in text.)

7:2-2.9 Service animals and hunting dogs

(a) (No change.)

(b) Dogs used while hunting during open season, or while used in field trials in accordance with New Jersey fish, game

and wildlife regulations, are exempt from the leashing requirement in N.J.A.C. 7:2-2.8[(b)](c).

7:2-2.11 Conduct

(a)-(n) (No change.)

(o) A person shall not enter or remain in any State Park Service area between the daily closing and opening time as

posted, [authorized use excepted] except for authorized activities, which include, but are not limited to, authorized

fish, game, and wildlife activities such as hunting, fishing, and trapping.

(p) No person shall, by threat, menace, or in any other manner attempt to obstruct, deter, or interfere with State

Park Service employees or law enforcement personnel who are performing their duty.

(q) No person shall intentionally create a false public alarm by any action, utterance, or deed that results in pub-

lic inconvenience or panic, or results in a response by emergency service personnel.

7:2-2.12 Fires, stoves and lanterns

(a)-(f) (No change.)

(g) Live [charcoal] fires of any kind shall not be left unattended. All charcoal and wood fires shall be extinguished and

cool to the touch before being left unattended.

44 N.J.R. 1935(a)

(h) (No change.)

7:2-2.17 Target practice[;], firearms[;], and fireworks

(a) (No change.)

(b) A person shall not possess or discharge any firearm, pellet gun, paint gun, air soft gun, bow and arrow, slingshot or

other weapon capable of injuring persons or wildlife while on State Park Service property without the specific approval

of the Superintendent or designee. Hunters in compliance with the rules of the Division of Fish, Game and Wildlife and

this chapter are excepted.

(c) (No change.)

7:2-2.20 Swimming areas


[(c) A person under the age of 12 years shall not be admitted to the swimming pool at Liberty State Park unless the per-

son is accompanied by a person 18 years of age or older.]

Recodify existing (d)-(i) as (c)-(h) (No change in text.)

7:2-2.22 Restricted recreational activities

(a) A person shall not engage in the following recreational activities on State Park Service lands and waters without

specific approval of the Assistant Director of the State Park Service, or the Regional Superintendent or their designee:

1.-5. (No change.)

6. [Rapelling] Rappelling;

7.-8. (No change.)

9. Rocketry; [or]

10. Archeological, geological, botanical, zoological, or paleontological expeditions[.];

11. Paragliding;

12. Parasailing; or

13. Helicopter operations.

(b)-(c) (No change.)

7:2-2.25 Bicycles, roller skates, and skateboards

(a)-(e) (No change.)

(f) A person shall not practice any tricks or [fancy] stunt riding on a State Park Service roadway.

(g)-(l) (No change.)

SUBCHAPTER 3. MOTORIZED VEHICLES

44 N.J.R. 1935(a)

7:2-3.2 Unauthorized motor vehicle use

(a)-(d) (No change.)

(e) Except in accordance with N.J.A.C. 7:2-3.4(d), a person shall not operate or permit the operation on or over

lands or in or on waters under the jurisdiction of the State Park Service of a motorized vehicle likely to cause

damage or injury to persons, wildlife, or property within the jurisdiction of the State Park Service. Such vehicles

include, but are not limited to, a motor vehicle having more than two axles and capability of four-wheel drive, an

ATV, military-designed or surplus vehicle (whether or not modified for civilian use), or an unlicensed or unre-

gistered motor vehicle.

7:2-3.4 Restrictions on operation of motor vehicles

(a)-(c) (No change.)

(d) A person shall not operate an [all-terrain vehicle, dirt bike, trail bike, or "off-road" motor] off-road vehicle on or

over the lands and waters under the jurisdiction of the State Park Service at any time except that, when an area is so

designated by the State Park Service, permits may be granted for organized "special events" to operate on a

pre-established course under prescribed conditions.

(e) (No change.)

7:2-3.5 Snowmobiles


(e) All accidents involving personal injury or damage to property shall be reported to the Superintendent [or designee]

and law enforcement personnel of the State park at which the accident occurred as soon as possible after the occur-

rence.

(f)-(h) (No change.)

7:2-3.10 Motorized scooters

A person shall not operate a motorized scooter on any lands under the jurisdiction of the State Park Service, in-

cluding improved or unimproved roads, walkways, and parking areas.

SUBCHAPTER 8. BOATING/WATERCRAFT

7:2-8.1 Launching of boats

(a) The launching of boats, canoes and other vessels is allowed at designated areas subject to posted conditions and the

payment of a launching fee where required pursuant to N.J.A.C. 7:2-17.1[(f)](g).

(b) (No change.)

7:2-8.9 Boat storage at the Spruce Run Recreation Area

(a) A limited number of boat storage spaces are available at Spruce Run Recreation Area during the season from April 1

through October 31. Fees shall be charged pursuant to N.J.A.C. 7:2-17.1[(g)](h) and non-transferable decals shall be

assigned for this use. Decals shall be permanently affixed to the boat registered for storage as directed by the Superin-

tendent or designee.

(b) Double-capacity trailers occupying a single storage space shall pay one and one-half times the normal season storage

fee as provided in N.J.A.C. 7:2-17.1[(g)](h).

44 N.J.R. 1935(a)

(c)-(d) (No change.)

7:2-8.10 Ice boating

(a) Ice boating and ice yachting shall be allowed on Lake Hopatcong, Lake Musconetcong, Swartswood Lake, Spruce

Run Reservoir, and Greenwood Lake.


[page=1945] SUBCHAPTER 9. DAY USE GROUP

7:2-9.7 Group picnicking and reservation procedures


(c) Applications for reservation of group picnicking facilities shall:

1. (No change.)

[2. Be accompanied by payment of the non-refundable reservation fee pursuant to N.J.A.C. 7:2-17.3(a);]

Recodify existing 3.-5. as 2.-4. (No change in text.)

(d)-(e) (No change.)

SUBCHAPTER 10. (RESERVED)

SUBCHAPTER 13. STATE MARINAS

7:2-13.2 Application for vessel berth permits at State marinas


(d) [Each] Annually, in January, an applicant must [annually] confirm that [the applicant] he or she wants to remain

on the applicant waiting list. [Confirmation shall be made at the marina office. The applicant must provide the State

Park Service with a signed confirmation that he or she wants to remain on the waiting list. The applicant shall deliver

the signed confirmation in person to the marina office, or mail the signed confirmation by United States Postal Service,

post marked no later than January 31, to the marina office. If the signed confirmation is mailed, it must include a self

addressed envelope, postage prepaid. A telephone call will not be accepted. Failure to notify the marina office as above

provided shall result in cancellation of the application and removal of the applicant from the waiting list.] Written con-

firmation shall be submitted to the marina office, which is open seven days a week between the hours of 8:00

A.M. and 4:30 P.M. (except legal holidays and emergency closing of offices). The applicant shall sign the confir-

mation and submit the confirmation by appearing in person at the marina office, or by mailing the confirmation

form to the marina office. Mailed confirmation forms must be postmarked no later than January 31, and shall

include a self-addressed, stamped envelope. The State Park Service is not responsible for misdirected or lost

mail. A telephone call, fax, or e-mail will not be accepted. Failure to notify the marina office in accordance with

this subsection shall result in cancellation of the application and removal of the applicant from the waiting list.

(e)-(f) (No change.)

7:2-13.3 Berth permits

(a) (No change.)

44 N.J.R. 1935(a)

(b) Berth permits for the summer season from April 1 to October 31 shall be issued in accordance with the following

procedure.

1.-2. (No change.)

3. If the permittee of record does not return the documents and payment in full on or before December 31 as required in

(b)2 above, [the State Park Service shall on the first business day after the due date or as soon as possible thereafter give

the permittee of record written notice by certified mail return receipt requested, to return the documents and payment to

the marina office within 10 working days after the date of the notice] the State Park Service will mail the permittee a

notice of cancellation and the slip will be immediately reassigned.

[4. If the documents and payment are not received in the marina office within 10 working days after the date of the

written notice as provided in (b)3 above, the offer to renew the permit as provided in (b)1 above shall become void im-

mediately upon expiration of the 10 day period and the subject berth permit immediately reassigned.]

(c)-(h) (No change.)

7:2-13.7 Marina regulations

(a)-(w) (No change.)

(x) Dock boxes shall be installed only with the prior approval of the Superintendent or designee, and must be removed

at the end of the permit year.

(y) Swimming is prohibited at marinas.

SUBCHAPTER 16. ISLAND BEACH STATE PARK RULES

7:2-16.2 Mobile sport fishing vehicles/permits/restrictions

(a) Four-wheel drive mobile sport fishing vehicles (MSFV) are permitted on specifically designated areas of Island

Beach State Park for the purpose of surf fishing from the open beach provided:

1. (No change.)

2. An approved permit, decal or placard for which the proper fee has been fully paid as provided in N.J.A.C.

7:2-17.3[(d)](b) is displayed on or from the MSFV as directed by the Superintendent or designee when on Island Beach

State Park.

(b)-(g) (No change.)

SUBCHAPTER 17. FEES FOR SERVICES AND FACILITIES PROVIDED BY THE STATE PARK SERVICE

7:2-17.1 Day use fees for services and facilities provided by the State Park Service

(a) Daily parking fees for automobiles at designated State parks, for the period beginning with Memorial Day weekend

and ending on Labor Day inclusive, area as follows:

Area NJ Resident Non-resident NJ Resident Non-resident Weekdays* Weekdays* Weekends and Weekends and Holidays* Holidays*

1. Allaire $5.00 $7.00

2. Atsion $5.00 $10.00 $10.00 $20.00

44 N.J.R. 1935(a)

3. Bass River $5.00 $10.00 $10.00 $20.00

4. Batsto $5.00 $7.00

5. Belleplain $5.00 $10.00 $10.00 $20.00

6. $5.00 $10.00 $10.00 $20.00 Cheesequake

7. High Point $5.00 $10.00 $10.00 $20.00

8. Hopatcong $6.00 $10.00 $10.00 $20.00

9. Island $6.00 $12.00 $10.00 $20.00 Beach

10. Ringwood $5.00 $7.00 Manor

11. Skylands $5.00 $7.00

12. Shepard $5.00 $10.00 $10.00 $20.00 Lake

13. Round $5.00 $10.00 $10.00 $20.00 Valley

14. Spruce $5.00 $10.00 $10.00 $20.00 Run

15. Stokes $5.00 $10.00 $10.00 $20.00

16. $5.00 $10.00 $10.00 $20.00 Swartswood

17. $5.00 $7.00 Washington

Crossing

18. Wawayanda $5.00 $10.00 $10.00 $20.00

*At all State parks, forests, and recreation areas, the fee for an oversized vehicle shall be twice the fee for a ve-

hicle that is not oversized.

(b) At Island Beach State Park, for the period commencing on the day after Labor Day and ending on the day before

Memorial Day weekend, the daily day use parking fees are as follows:

Vehicle Fee

44 N.J.R. 1935(a)

1. Automobile* $5.00 (NJ resident)

$10.00 (non-resident)

2. Motorcycle $5.00 (NJ resident)


3. Bus (out-of-State groups) [$105.00] $120.00/bus

4. Bus (in-State groups) [$55.00] $65.00/bus

*The fee for an oversized vehicle shall be twice the fee for a vehicle that is not oversized.

(c) [Parking] Daily parking fees for motorcycles and buses at State parks, forests and recreation areas identified in (a)

above, for the period beginning with Memorial Day weekend and ending on Labor Day inclusive, are as follows:

Vehicle [Weekdays] Fee [Weekends and

Holidays]

1. Motorcycle $5.00 (NJ resident) [$10.00]


2. Bus (out-of-State [$105.00]$120.00/Bus [$105.00/Bus]

groups)

3. Bus (in-State groups) [$55.00]$65.00/Bus [$55.00/Bus]

(d) [The fee for an annual parking pass for automobiles and motorcycles at all State parks, forests and recreation areas is

$ 50.00. The fee for a second annual parking pass purchased by an individual residing in the same household as the first

permit holder is $ 25.00.] Each bus group shall pay a reservation deposit equal to $ 25.00 per bus, at the time the

reservation is made. The deposit is refundable if the group cancels its reservations six or more calendar days

prior to the reserved date; thereafter, the deposit is non-refundable.

(e) An annual parking pass for automobiles and motorcycles is available as follows:

1. Area NJ resident Non-resident

All State parks, forests, and $50.00 $75.00 recreation areas*

*The fee for an annual pass for an oversized vehicle shall be twice the fee for a vehicle that is not oversized.

2. The fee for a second annual parking pass when purchased at the same time as the first annual parking pass is

$ 25.00 for New Jersey residents, $ 35.00 for non-residents, and $ 50.00 for oversized vehicles.

44 N.J.R. 1935(a)

[(e)] (f) The daily or annual walk-in and bicycle fee for persons 12 years old and above at designated State parks, forests

and recreation areas, for the period beginning with Memorial Day weekend and ending on Labor Day inclusive, is as

follows:

1. (No change.)

2. An annual walk-in and bicycle pass purchased at one of the State parks, forests and recreation areas listed in [(e)1]

(f)1 above shall be honored for walk-in and bicycle admittance at any of the designated State parks, forests and

recreation areas.

[(f)] (g) The daily or annual launch ramp fee at designated State parks and marinas are as follows:

Area Daily Fee Annual Fee

1. Leonardo State Marina [$15.00/launch] $20. [$150.00] $170.00 (NJ

00/launch (NJ resident) resident) $200.00 $25.00/launch (non-resident) (non-resident)

2. Liberty State Park [$15.00/launch] $20. [$150.00] $170.00 (NJ

00/launch (NJ resident) resident) $200.00 $25.00/launch (non-resident) (non-resident)

3. Corson's Inlet [$10.00/launch] $12. [$55.00] $60.00 (NJ

(beginning on Memorial 00/launch (NJ resident) resident) $80.00 Day weekend and ending $20.00/launch (non-resident) on Labor Day inclusive) (non-resident)

4. Mullica River [$10.00/launch ] $12. [$55.00] $60.00 (NJ

(beginning on Memorial 00/launch (NJ resident) resident) $80.00 Day Weekend and ending $20.00/launch (non-resident) on Labor Day inclusive) (non-resident)

5. Hopatcong State Park [$10.00/launch] $12. [$55.00] $60.00 (NJ

(beginning on April 1 00/launch (NJ resident) resident) $80.00 and ending on the $20.00/launch (non-resident) Friday before Memorial (non-resident)

Day Weekend, and

beginning the day after

Labor Day and ending on

October 31)

6. D & R Canal (Bull's $12.00/launch(NJ $60.00 (NJ resident)

Island Recreation Area resident) $20.00/launch $80.00 (non-resident)

boat launches) (non-resident)

(beginning on Memorial

Day Weekend and ending

on Labor Day

inclusive)

7. Parvin (Fisherman's $12.00/launch (NJ $60.00 (NJ resident)

Landing) (beginning on resident) $20.00/launch $80.00 (non-resident)

Memorial Day Weekend and (non-resident)

ending on Labor Day

44 N.J.R. 1935(a)

inclusive)

[(g)] (h) The fee for dry boat storage permits at designated State parks and recreation areas for the period from April 1

to October 31, issued pursuant to N.J.A.C. 7:2-8.9, is as follows:

Area Type Fee

Spruce Run Single Boat Trailer (Half [$155.00] $250.00 (NJ

Rate after August 1) resident) $295.00 (non-resident)

Spruce Run Double Deck Boat Trailer [$230.00] $325.00 (NJ

(Half Rate after August 1) resident) $370.00 (non-resident)

Corson's Inlet Catamaran (Half Rate after [$180.00] $200.00 (NJ

August 1) resident) $225.00 (non-resident)

Late Removal Fee - [$ 30.00] $ 35.00

Late Boat Storage Fee - [$ 15.00]$ 20.00/Day

Cancellation - $ 35.00

[(h)] (i) The fee for dry boat storage permits for the period from November 1 to March 31, at designated State parks and

recreation areas issued pursuant to N.J.A.C. 7:2-8.9, is as follows:

Area Type Fee

Spruce Run Single Boat Trailer [$120.00] $200.00 (NJ resident)


Spruce Run Double Deck Boat [$180.00] $260.00 (NJ resident)

Trailer $320.00 (non-resident)

[(i) No daily parking fee for automobiles and motorcycles pursuant to (a), (b) and (c) above and no daily walk-in fee

pursuant to (e) above shall be charged for New Jersey residents age 62 and over or who are totally disabled or who are

active members of the New Jersey National Guard who have completed Initial Active Duty Training.

(j) Fees for the Spring Meadow Golf Course are as follows:

Type Fee

1. Green Fees

i. Weekdays $ 28.00

44 N.J.R. 1935(a)

ii. Saturdays, Sundays and State designated holidays $ 33.50

iii. Senior Citizens (New Jersey Residents - Age 62 and over)

(weekdays only) $ 19.00

iv. Twilight, weekdays (three hours before closing) $ 23.00

v. Twilight, weekends and State designated holidays

three hours before closing) $ 28.00

2. School team member practice $ 7.50/student

3. Golf Carts:

i. Power (daily) $ 36.50

ii. Power (twilight - three hours before closing) $ 30.50

iii. Power (disabled persons) (daily) $ 18.50

iv. Power (disabled persons) (twilight-three hours before

closing) $ 15.50

v. Hand $ 6.50

4. Club Rental $ 24.00

5. Driving Range-includes one club and one basket of balls

i. Small basket $ 5.50

ii. Large basket $ 8.50]

[(k)] (j) (No change in text.)

[(l)] (k) The daily fee per person for admission to the Barnegat Lighthouse will be [$ 1.00] $ 3.00 for each person age

12 and over and $ 1.00 for each person age six through 11 for the period beginning Memorial Day weekend and end-

ing on Labor Day.

[(m)] (l) Fees for the Batsto, Ringwood Manor, Twin Lights, and Fort Mott Historic Tour are as follows:

Age (years) Fee

1. Six [to] through 11 $ 1.00/person

2. 12 and above [$ 2.00]$ 3.00/person

(m) Fees for tours of the facilities at Washington Crossing State Park are as follows:

1. Museum/Ferry House $ 3.00/person (Age 12 and over) $ 1.00/person (Age six through 11)

7:2-17.2 Overnight use fees for services and facilities provided by the State Park Service

(a) Camping and overnight facilities permit fees shall be as follows:

Type Fee

1. Group campsites [$1.00]$3.00/person/night based on

the capacity of the campsite (NJ

resident) $5.00/person/night based on the capacity of the campsite (non-resident)

2. Family campsites $20.00/night (NJ resident) $25.00/night

(non-resident)

44 N.J.R. 1935(a)

3. Wilderness campsites $17.00/night (NJ resident) $22.00/night

(non-resident)

4. Lean-tos [$30.00]$35.00/night (NJ resident)

$40.00/night (non-resident)

5. Lean-tos (heated) $40.00/night (NJ resident) $45.00/night (non-resident)

[5.] 6. Shelters [$10.00/bunk per night based on number

of bunks] $48.00/night (NJ resident)


[6.] 7. Yurts [$30.00]$35.00/night (NJ resident)


[7.] 8. Primitive campsites [$ 2.00]$3.00/person per night (NJ

resident) $5.00/person per night (non-resident)

9. Commercial backpacking $35.00/group per night at Wawayanda State Park, High Point State Park, Stokes Forest, and Worthington State Forest

(b) (No change.)

(c) Cabin permit fees shall be as follows:

Size and Type Fee

1. Four bunks [$ 45.00]$55.00/night (NJ resident) $65.

00/night (non-resident)

2. Six bunks [$ 65.00]$75.00/night (NJ resident) $85.


3. Eight bunks [$ 85.00]$100.00/night (NJ resident) $110.


4. 12 bunks [$125.00]$140.00/night (NJ resident) $150.


5. Group Cabin High [$155.00]$175.00/night (NJ resident) $185.

Point 24 bunk, 00/night (non-resident) Belleplain 30 bunk

(d) Miscellaneous camping and overnight facilities fees:

Type Fee

44 N.J.R. 1935(a)

1. [Cancellation] Camping $40.00 or two nights stay, whichever is less

cancellation fee (NJ resident) $50.00 or two nights stay, whichever is less (non-resident)

2. [Group cabin] Overnight [$155.00] If cancelled seven days or less

facility cancellation fee prior to the initial date of reservation, equivalent to the cost of a one night stay at the overnight facility reserved

3. Equipment removal fee [$ 30.00] $40.00 (NJ resident) $50.00

(non-resident)

4. Equipment storage fee [$15.00]$20.00/night (NJ Resident) $30.


5. Pet friendly camping $5.00/night (in addition to applicable camping or overnight use fee)

6. Extra vehicle $5.00/night

[page=1948] 7:2-17.3 Miscellaneous fees for services and facilities when and where provided by the State Park

Service

(a) Miscellaneous fees for services and facilities when and where provided by the State Park Service shall be as follows:

Service Fee

1. (No change.)

2. Commercial Photography $325.00/day plus staff costs (except

at Liberty State Park)

3. Commercial Videos/Advertisements $425.00/day plus staff costs (except


4. Commercial Movie $1,025/day plus staff costs (except


5. Student Video/Documentary $55.00/day (requires a letter of request on official letterhead from a college, university, high school, and/or vocational school, signed by the student's instructor)

[5.] 6. Homeowners [$20.00]$25.00/cord

Firewood/Permit

[6.] 7. Clothes dryer [$1.00] $1.50

[7.] 8. Clothes washer [$1.00] $1.50

44 N.J.R. 1935(a)

9. Electric hookup $5.00/night

10. Water hookup $5.00/night

[8.] 11. Organized group picnic:

i. Parking fee in effect [$55.00]$100.00/day [reservation

(Cheesequake State Park, Spruce Run fee] (NJ resident) plus

Recreation Area, and Washington applicable vehicle parking fee

Crossing State Park) [(reservation fee under (a)9 below

included)] $150.00/day

(non-resident), plus applicable vehicle parking fee

ii. No parking fee in effect [$80.00]$125.00/day

(Cheesequake State Park, Parvin [(reservation fee under (a) 9 below

State Park, Spruce Run Recreation included)](NJ resident) $175.

Area, Voorhees State Park, and 00/day (non-resident)

Washington Crossing State Park)

12. Organized group picnic - without

separate facilities:

i. Parking fee in effect (Bass River $55.00/day (NJ resident) plus

State Forest, Belleplain State applicable vehicle parking fee $65.

Forest, High Point State Park, Stokes 00/day (non-resident) plus applicable

State Forest, and Swartswood State vehicle parking fee

Park)

ii. Parking fee not in effect $80.00/day (NJ resident) $90.00/day

(Brendan T. Byrne, Cape May Point (non-resident)

State Park, Fort Mott State Park,

High Point State Park, Stephens

State Park, Stokes State Forest, and

Swartswood State Park)

[9.] 13. (No change in text.)

[10.] 14. Special Use permit [$55.00] $60.00 plus staff

(non-commercial) administrative costs (NJ resident)

$75.00 plus staff administrative costs (non-resident)

15. Special Use permit (commercial) $150.00 plus staff administrative costs (NJ resident) $200.00 plus staff administrative costs (non-resident)

[11.] 16. Transient R/V trailer [$15.00]$20.00/dump (No fee for

dumping fee registered campers) (NJ resident)

$30.00/dump (No fee for registered campers) (non-resident)

17. Programming Maximum $25.00/person

44 N.J.R. 1935(a)

18. Reserved group tour

i. (Age 12 and over) $3.00/person

ii. (Age six through 11) $1.00/person

19. Conference facilities:

High Point Center $500.00/day/event

Central Region Center $300.00/day/event

20. Off-site interpretive fee $50.00/visit

21. Special event parking $5.00/car

22. Allamuchy Mountain State Park $1,200/day/event plus staff costs

(Waterloo Village) Concert Field

23. Allamuchy Mountain State Park $400.00/day/event plus staff costs

(Waterloo Village) grounds

[12.] 24. Staff costs [$55.00]$60.00/hour/employee

25. Online reservation $9.25/transaction (when available)

26. Online or Call Center $7.00/transaction

reservation change

27. Same day in person reservation $5.00/transaction (when available)

28. Wi-Fi/Internet connection $5.00/per stay (when available)

(b) Miscellaneous fees for services and facilities provided by the State Park Service at Island Beach State Park are as

follows:

Service Fee

1. Annual mobile [sportfishing] $195.00 (NJ resident) $225.00

sport fishing vehicle permit (non-resident)

2. Three-day mobile [sportfishing] [$ 50.00] $75.00 (NJ resident

sport fishing vehicle permit $90.00 (non-resident)

3. Mobile sport fishing vehicle $25.00

permit replacement fee

(c) Miscellaneous fees for services and facilities provided by the State Park Service at Corson's Inlet State Park as fol-

lows:

44 N.J.R. 1935(a)

Service Fee

1. Annual mobile [sportfishing] $50.00 (NJ resident) $75.00

sport fishing vehicle permit (non-resident)

2. Mobile sport fishing vehicle $25.00

permit replacement fee

(d) Miscellaneous fees for services and facilities provided by the State Park Service at Liberty State Park are as follows:

Service Fee

1. Use of Interpretive Center [$275.00]$300.00/day/event plus

staff costs

2. Central Railroad of New Jersey [$3,500]$3,900/day/event plus

(CRRNJ) Terminal Waiting Room staff costs

3. CRRNJ Terminal Concourse [$2,000]$2,200/day/event plus

staff costs

4. CRRNJ Terminal Tunnels (North and [$525.00 ea.]$580.00

South) each/day/event plus staff costs

5. Ticketed event at CRRNJ Terminal [Five] 10 percent of [ticket

sales] gross revenue (plus any

fees charged for rental of other

areas of the CRRNJ Terminal as

specified above)

6. CRRNJ Blue Comet Auditorium $1,200/day/event plus staff costs

7. CRRNJ Riverside Conference Room $700.00/day/event plus staff costs

8. CRRNJ Room 206A Classroom $400.00/day/event plus staff costs

9. CRRNJ Room 206B Classroom $500.00/day/event plus staff costs

10. CRRNJ Conference Room 306 (third $800.00/day/event plus staff costs

floor, center room)

[6.] 11. [Boat docking fee for [$325.00] $500.00 (one arrival and

one arrival and one departure] one departure)

Liberty Terminal Dock

12. Liberty Park Office Dock $325.00 (one arrival and one departure)

[7.] 13. North or South Field[, [$400.00]$450.00/day/event plus

Green Park, North or South Lawn Use staff costs

or Dog Show Field]

44 N.J.R. 1935(a)

14. South Lawn or Freedom Field $400.00 for one-half field $600.00 for full field

15. Small Freedom Field Picnic $125.00/day (NJ resident) $175.

Pavilion 00/day (non-resident)

16. Large Freedom Field Picnic $175.00 /day (NJ resident) $225.

Pavilion 00/day (non-resident)

17. Green Park (Green Ring) $10,000 plus a $200.00 per acre fee

(Commercial) for any area outside of the Green Ring, plus $450.00/day setup for each day prior to the event and $450. 00/day breakdown for each day after the event

18. Green Park (Green Ring) $1,000 plus a $200.00 per acre fee

(Non-commercial) for any area outside of the Green Ring, plus $450.00/day setup for each day prior to the event and $450. 00/day breakdown for each day after the event

[8.] 19. Special event parking, [$500.00 or $5.00] $700.00 or $7.

Liberty Reserve Parking Lot - 00/parking space/event (whichever

daytime is less)

20. Special event parking, Liberty $5.00 per vehicle

Reserve Parking Lot - evening

[9.] 21. Special event parking, $7.00 per [car] vehicle

Liberty Ferry Parking Lot

[10.] 22. Special event parking, $7.00 per [car] vehicle

Liberty Science Center Parking Lot

[11.] 23. Concert Site Five percent of [ticket] all

sales receipts (tickets and

concessions) ([$10,000] $15,000

minimum), plus $450.00/day setup

for each day prior to the event and $450.00/day breakdown for each day after the event

24. Commercial Photography $2,500/day plus staff costs and other applicable fees

25. Commercial Movie $2,500/day plus staff costs and other applicable fees

26. Commercial Video/Advertisement $2,500/day plus staff costs and other applicable fees

44 N.J.R. 1935(a)

27. Student Video $55.00/day (requires a letter of request on official letterhead from a college, university, high school, or vocational school, signed by the student's instructor)

(e) Miscellaneous fees for services and facilities provided by the State Park Service at Wharton State Forest are as fol-

lows:

1. Batsto Auditorium Fee [$ 150.00]$ 200.00/day/event, plus staff

costs

(f) Miscellaneous fees for services and facilities provided by the State Park Service at High Point State Park are

as follows:

1. High Point Center $ 500.00/day/event, plus staff costs

(g) Miscellaneous fees for services and facilities provided by the State Park Service at the State Park Service

Central Region Office are as follows:

1. Central Region Center $ 300.00/day/event, plus staff costs

7:2-17.4 Fees for services and facilities provided by the State Park Service at State marinas

(a) Fees for services and facilities provided by the State Park Service at the Forked River State Marina are as follows:

1. Pleasure seasonal berthholder permit fee:

Season Fee

i. Summer (April 1 to October 31) [$67.00]$70.00/[ft]foot

length overall (NJ resident) $80.

00/foot length overall (non-resident)

ii. Winter (November 1 to March 31) [$28.00] $32.00/[ft]foot

length overall (NJ resident) $37.

00/foot length overall (non-resident)

[page=1950] 2. Transient berthholder fee:

Vessel Size Daily Monthly

44 N.J.R. 1935(a)

i. 40 feet and under [$2.50]$3.00/foot [$22.50]$23.00/foot

length overall (NJ length overall (NJ

resident) $4.00/foot resident) $28.00/foot length overall length overall (non-resident) (non-resident)

ii. 41 feet and over $3.00/foot length $28.00/foot length

overall (NJ resident) overall (NJ resident)

$5.00/foot length $30.00/foot length overall (non-resident) overall (non-resident)

3. Commercial berthholder fee (April 1 to October 31):

i. Charter vessel

Six passengers and under $ 73.00/foot length overall (NJ resident)

$ 80.00/foot length overall (non- resident)

ii. (No change.)

(b) Fees for services and facilities provided by the State Park Service at the Leonardo State Marina shall be as follows:


Season Fee

i. Summer (April 1 to [$73.00]$80.00/[ft]foot length

October 31) overall** (NJ resident) (Minimum Fee Based

on Applicable Berth Length) $90.00/foot

length overall** (non-resident) (Minimum Fee Based on Applicable Berth Length)

**This fee shall be based on the designated size of each boat slip. Any boat with an overall length that exceeds the des-

ignated size of the boat slip shall pay a boat slip fee based on the overall boat length at the rate outlined above. Overall

boat length shall include any swim and/or bow platforms(s).

ii. Winter (November 1 to March 31) [$ 28.00]$ 32.00/[ft]footlength

overall (NJ resident)

$ 37.00/foot length overall (non-resident)

2. Transient berthholder fee:

44 N.J.R. 1935(a)

[Berth] Vessel Size Daily Monthly

i. 40 feet and under [$2.50]$3.00/foot [$20.50]$23.00/foot

length overall (NJ length overall (NJ

resident) $4.00/foot resident) $28.00/foot length overall length overall (non-resident) (non-resident)

ii. 41 feet and over $3.00/foot length $28.00/foot length

overall (NJ resident) overall (NJ resident)

$5.00/foot length $30.00/foot length overall (non-resident) overall (non-resident)


i. Charter Vessel Six passengers [$95.00]$105.00/foot based on

and under berth length.(NJ resident) 30-foot

minimum berth length.

$125.00/foot based on berth length (non-resident). 30-foot minimum berth length.

ii. Other commercial vessel $ 95.00/foot length overall (NJ

resident) $ 100.00/foot length overall (non- resident)

(c) Fees for services and facilities provided by the State Park Service at the marina in South Seaside Park, Berkeley

Township, Ocean County, are as follows:


Season Fee

i. Summer (April 1 to October 31) [$ 79.50]$ 80.00/[ft.]foot* (NJ

resident) $90.00/foot* (non-resident)

*This fee shall be based on the designated size of each boat slip. Any boat with an overall length that exceeds the des-

ignated size of the boat slip shall pay a boat slip fee based on the overall boat length at the rate outlined above. Overall

boat length shall include any swim and/or bow platform(s).


i. [$ 2.50]$ 3.00/[ft.]foot length overall, per day based on the availability of berths (NJ resident); $ 4.00/foot length

overall, per day based on the availability of berths (non-resident).

44 N.J.R. 1935(a)

(d) (No change.)

7:2-17.8 Eligibility for a fee applicable to a New Jersey resident

(a) If a fee differs between a New Jersey resident and a non-resident, the following shall be eligible for a fee ap-

plicable to a New Jersey resident:

1. For a parking fee:

i. A motor vehicle with a New Jersey license plate; or

ii. A person who is a resident of New Jersey, as evidenced by a valid government-issued identification;

2. For a per person fee or permit, a person who is a resident of New Jersey, as evidenced by a valid govern-

ment-issued identification;

3. For a fee associated with a boat, canoe, or other vessel:

i. A boat, canoe, or other vessel with a New Jersey registration marked on the hull; or

ii. A person who is a resident of New Jersey, as evidenced by a valid government-issued identification;

4. For a fee associated with an overnight facility (other than a group reservation), a person who is a resident of

New Jersey, as evidenced by a valid government-issued identification; and

5. For a fee associated with a group reservation or permit, a group whose reservation or permit application is

made by a person who is a resident of New Jersey, as evidenced by a valid government-issued identification. The

New Jersey resident making the reservation or applying for the permit shall be among the group for the group to

be eligible for the New Jersey resident fee.

(b) If a valid government-issued identification is required under (a) above, the person claiming New Jersey resi-

dency shall have the identification available on his or her person for inspection by State Park Service employees

at the time the person or group makes use of State facilities.

7:2-17.9 Exemptions from fees

(a) No daily parking fee for automobiles and motorcycles and no daily walk-in fee shall be charged to a New Jer-

sey resident who is:

1. Aged 62 and over;

2. Totally disabled;

3. An active member of the New Jersey National Guard who has completed initial active duty training; or

4. A veteran attending an event by a veterans' organization at a State Park or forest.

(b) The Department shall not charge a facilities fee of any kind to any veterans' organization using a State Park

or forest for an event.

41 N.J.R. 1403(a)

3 of 22 DOCUMENTS

NEW JERSEY REGISTER


VOLUME 41, ISSUE 7

ISSUE DATE: APRIL 6, 2009

RULE ADOPTIONS


NEW JERSEY WATER SUPPLY AUTHORITY

41 N.J.R. 1403(a)

Readoption with Amendments: N.J.A.C. 7:11

Adopted Repeals: N.J.A.C. 7:11-1.46 and 3.17

New Jersey Water Supply Authority Rules

Proposed: October 20, 2008 at 40 N.J.R. 5903(a).

Adopted: March 12, 2009 by the New Jersey Water Supply Authority, Mark N. Mauriello, Acting Chair, and Acting

Commissioner, Department of Environmental Protection.

Filed: March 13, 2009 as R.2009 d.114, without change.

Authority: N.J.S.A. 58:1B-1 et seq., specifically N.J.S.A. 58:1B-7.

DEP Docket Number: 16-08-09/709.

Effective Date: March 13, 2009, Readoption;

April 6, 2009, Amendments and Repeals.

Expiration Date: March 13, 2014.

The New Jersey Water Supply Authority is readopting the Water Supply Authority rules, N.J.A.C. 7:11, with

amendments and repeals. These rules govern the use of the properties and waters subject to its jurisdiction.

No public hearing was held concerning the proposal. The comment period closed on December 19, 2008.

Summary of Public Comment and Agency Response:

No comments were received.


Executive Order No. 27 (1994) and N.J.S.A. 52:14B-22 et seq. (P.L. 1995, c. 65), require State agencies that adopt,

readopt, or amend rules or regulations that exceed any Federal standards or requirements to include in the rulemaking

document a Federal Standards Analysis.

These rules are promulgated under the procedures of the New Jersey Water Supply Authority. The New Jersey

Water Supply Authority is an instrumentality of the State of New Jersey in, but not of, the Department of Environmental

41 N.J.R. 1403(a)

Protection. The New Jersey Water Supply Authority is charged with the operation and management of the State owned

raw water supply facilities within the State of New Jersey.

The rules are not readopted with amendments under the authority of, or in order to implement, comply with or par-

ticipate in any program established under Federal Law. In addition, the rules readopted with amendments are not under

the authority of a State statute that incorporates or refers to Federal law, standards, or requirements. Therefore, no Fed-

eral standards analysis is required.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 7:11.

Full text of the adopted amendments follows:

SUBCHAPTER 1. RULES FOR THE USE OF WATER SUPPLY AUTHORITY PROPERTY

7:11-1.1 Scope

Unless otherwise provided by rule or statute, this subchapter shall constitute the rules of the New Jersey Water Supply

Authority governing the use of the Raritan Basin System, the Manasquan Reservoir System, and all other State operated

or owned water supply facilities under the administrative jurisdiction of the Authority now or hereafter authorized to be

designed, constructed and operated pursuant to any past or future bond issue.

7:11-1.6 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly

indicates otherwise:

[page=1404] . . .

"ATV" means a motor vehicle, designed to travel over any terrain which is of a type possessing between three to six

rubber tires and powered by a gasoline or diesel engine but shall not include golf carts.

. . .

"Commissioner" means the Commissioner of the Department of Environmental Protection who is also the Chair and

Chief Executive Officer of the Authority, or any other person designated to act on his or her behalf.

. . .

"Manasquan Reservoir System" means the water supply system constructed by the Authority in Monmouth County, the

major components of which are a 770-acre, four-billion gallon reservoir facility in Howell Township, a raw water intake

facility and reservoir pump station located adjacent to the Manasquan River in Wall Township, and an approximate

5.25-mile transmission pipeline connecting the reservoir and the intake facility, together with all component plants,

structures and other real or personal property, and additions and improvements thereto.

. . .

"Open burning" means any fire whereby products of combustion are emitted directly into the open air, and are not di-

rected through a stack or chimney.

. . .

"Permit" means a formal document issued by the Authority allowing a specified activity, properly executed and signed

by the Executive Director or his or her designee.

. . .

41 N.J.R. 1403(a)

"Power boats" means all fuel or electrically powered boats.

. . .

"Small electric motors" means electric powered motors with size no greater than 30 foot-pounds.

. . .

7:11-1.15 Exemption of seeing eye, companion and hunting dogs

(a) Seeing eye dogs and companion dogs for the hearing impaired or other disabled individuals are permitted in any

location where their presence is necessary to perform the duty for which they are trained.

(b) (No change.)

7:11-1.22 Horse activities

No person shall ride, walk or graze a horse on property under the jurisdiction of the Authority except on designated

trails and in designated areas where such activities are allowed.

7:11-1.27 Recreational activities


(d) Notwithstanding the requirement imposed under (c)10 and 11 above, a person may engage in scuba diving or skin

diving at the Spruce Run and Round Valley Recreation Areas provided the person complies with the requirements in the

State Park Service Code at N.J.A.C. 7:2-8.23.

7:11-1.44 Delaware and Raritan Canal

(a) (No change.)

(b) Building of docks: No person shall build docks, of any kind or size, unless a written permit to build a dock has been

given by the Commission, the Authority and the State Park Service.

7:11-1.46 (Reserved)

SUBCHAPTER 3. RULES FOR THE USE OF WATER FROM THE RARITAN BASIN SYSTEM

7:11-3.2 Public hearing

(a) (No change.)

(b) The applicant shall present testimony and respond to objectors and other interested parties at the public hearing re-

quired by (a) above relevant to the application for water supply including, but not limited to:

1. (No change.)

2. Identification of the applicant's water supply facilities which are planned to use the waters of the Raritan Basin Sys-

tem;

3.-4. (No change.)

(c) (No change.)

41 N.J.R. 1403(a)

7:11-3.3 Water use agreement

(a) Water is to be withdrawn from the Raritan Basin System only in accordance with the terms of a formal agreement, to

which this subchapter shall be attached and made a part thereof, between the New Jersey Water Supply Authority and

the user.

(b) (No change.)

7:11-3.5 Payments


(d) Until the total water supply capacity of the Raritan Basin System is allocated by contract, the New Jersey Water

Supply Authority may allow interim, short-term use of the uncommitted capacity of the System on a non guaranteed,

annual interruptible basis to support the growing of agricultural and horticultural products provided that short-term users

shall pay the cost of operation and maintenance, the capital fund component, debt service assessments, and source water

protection fund component established in accordance with N.J.A.C. 7:11-2 for the actual amount of water diverted by

the short-term user during any month.

(e) Payments shall be made monthly or quarterly as billed, at such place as the New Jersey Water Supply Authority may

designate.

7:11-3.17 (Reserved)

7:11-3.19 Meter

(a) (No change.)

(b) The user shall have the flow meter tested for accuracy at the user's own sole cost and expense before installation, by

a meter testing firm, and shall furnish a report of such test to the New Jersey Water Supply Authority. The user further

shall have such laboratory test repeated and furnish a report of said test to the New Jersey Water Supply Authority at

intervals of not less than one year and following meter repairs.


SUBCHAPTER 4. SCHEDULE OF RATES, CHARGES AND DEBT SERVICE ASSESSMENTS FOR THE

SALE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM


The following words and terms, when used in this subchapter, shall have the following meanings unless the context

clearly indicates otherwise.

. . .






. . .

SUBCHAPTER 5. RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER

SUPPLY SYSTEM

41 N.J.R. 1403(a)



clearly indicates otherwise:

. . .






[page=1405] . . .

"Short-term service" means the supply of Manasquan Reservoir System water for certain interim interruptible,

non-guaranteed or short-term uses, such as growing agricultural or horticultural products, meeting extraordinary re-

quirements in consumer demand for potable or industrial water as a result of transfers arising from a declaration of

drought by the Department or Monmouth County, meeting non-seasonal extraordinary requirements in consumer de-

mand for potable or industrial water or emergent maintenance or temporary failure of a critical component of a system

water user's infrastructure, provided on a non-guaranteed or interruptible basis.

. . .

7:11-5.5 Payments

(a)-(g) (No change.)

(h) All amounts not paid when due shall be subject to a late payment charge at two percent above the prime rate of the

bank holding short-term deposits of the Authority, prevailing on the due date, but not to exceed 18 percent per annum,

from the date when due until paid.

(i) (No change.)

7:11-5.6 Sale of excess water

(a) (No change.)

(b) Following receipt of such notice, the Authority shall notify each other purchaser of the availability for purchase of

the surplus water (and any surplus water under any other water purchase contract) on the same basis as provided for

short-term service in the most current rate schedule.


7:11-5.8 Period of contract

(a) (No change.)

(b) The water purchase contract shall expire at the end of the specified period, except as to those matters set forth at

N.J.A.C. 7:11-5.9 and 5.10.

7:11-5.12 Assignment

41 N.J.R. 1403(a)

(a) Neither party to the water purchase contract may assign its contractual rights or obligations without the consent of

the other party or parties entitled to the benefit of such rights or obligations except for any assignment by a purchaser

under the terms of a three-party water purchase contract to New Jersey American Water.

(b) In the case of New Jersey American Water, upon any such assignment, and the delivery to the Authority of an in-

strument of assumption of the liabilities of the purchaser by New Jersey American Water, the purchaser shall be re-

lieved of all further liability under the terms of the water purchase contract.

7:11-5.21 Disposition of facilities

Within 90 days after termination of the water purchase contract or such longer period as may reasonably be required,

the purchaser shall remove from Manasquan Reservoir System property purchaser's interconnection system and any

other facilities installed by purchaser on Manasquan Reservoir System property, and shall restore said property to its

former condition as nearly as may be and in a manner satisfactory in the reasonable judgment of the Authority and shall

release and reconvey any easement granted pursuant to N.J.A.C. 7:11-5.15. On purchaser's failure to do so, the Author-

ity may make such removal and restoration at the sole cost and expense of the purchaser, which cost and expense the

purchaser agrees to pay on demand. The Authority also reserves the option to sell purchaser's interconnection system

and other facilities to assist in defraying the cost and expense of removal and restoration. Purchaser may, within 30 days

after termination of the water purchase contract, submit a written offer to sell or donate such systems and/or facilities to

the Authority, which the Authority shall accept or reject in writing within 60 days.

4 of 22 DOCUMENTS

NEW JERSEY REGISTER


VOLUME 40, ISSUE 22

ISSUE DATE: NOVEMBER 17, 2008

RULE ADOPTIONS



STATE PARK SERVICE

40 N.J.R. 6604(a)

N.J.A.C. 7:2-17.1 and 17.4

Notice of Administrative Changes

Notice of Consumer Price Index Percentage Increase for the Fees at Spring Meadow Golf Course, Forked River

and Leonardo State Marinas and the Marina in South Seaside Park, Berkeley Township, Ocean County

Take notice that in accordance with N.J.S.A. 13:1L-19 and N.J.A.C. 7:2-17.5, the New Jersey Department of Envi-

ronmental Protection (Department) is increasing certain fees effective January 1, 2009. The changes will be reflected in

the State Park Service Code at N.J.A.C. 7:2-17.1(j) as indicated below.

40 N.J.R. 6604(a)

The inflation factor that the Department has used to adjust the fees, in accordance with N.J.A.C. 7:2-17.5(a), is based

on the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI), city average, all

items, all urban consumers, available on October 1, 2008.

The Spring Meadow Golf Course fees at N.J.A.C. 7:2-17.1(j) were increased by notice, effective November 15, 2004

(36 N.J.R. 5119(a)). The senior citizen green fee, N.J.A.C. 7:2-17.1(j)1ii, was increased effective May 7, 2007 (38

N.J.R. 4779(a), 39 N.J.R. 1701(a)). Accordingly, the Department is increasing the senior citizen green fee 5.4 percent,

and the remaining Spring Meadow Golf Course fees 11.6 percent, each rounded upward to the next half dollar.

The fees for services and facilities provided by the State Park Service at State marinas, N.J.A.C. 7:2-17.4(a) and (b),

Forked River State Marina and Leonardo State Marina, were increased effective September 6, 2005 (37 N.J.R. 1281(a),

37 N.J.R. 3340(a)). The fees at N.J.A.C. 7:2-17.4(c), South Seaside Park, were put in place effective May 7, 2007 (38

N.J.R. 4779(a), 39 N.J.R. 1709(a)). Accordingly, the Department is increasing the fees at Forked River State Marina

and Leonardo State Marina 11.6 percent, and the fees at South Seaside Park 5.4 percent, each rounded upward to the

next half dollar.

Full text of the changed rule follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):


(a)-(i) (No change.)


Type Fee

---- ---

1. Green Fees

i. Weekdays [$ 25.00] $ 28.00

ii. Saturdays, Sundays and State designated [$ 30.00] $ 33.50

Holidays

iii. Senior Citizens (New Jersey Residents - Age [$ 18.00] $ 19.00

62 and over) (weekdays only)

iv. Twilight, weekdays (three hours before [$ 20.50] $ 23.00

closing)

v. Twilight, weekends and State designated [$ 25.00] $ 28.00

holidays (three hours before closing)

2. School team member practice [$ 6.50]

$ 7.50/student

3. Golf Carts:

i. Power (daily) [$ 32.50] $ 36.50

ii. Power (twilight-three hours before closing) [$ 27.00] $ 30.50

iii. Power (disabled persons) (daily) [$ 16.50] $ 18.50

iv. Power (disabled persons) (twilight-three [$ 13.50] $ 15.50

hours before closing)

v. Hand [$ 5.50] $ 6.50

4. Club Rental [$ 21.50] $ 24.00

5. Driving Range -- includes one club and one

basket of balls

i. Small basket [$ 4.50] $ 5.50

ii. Large basket [$ 7.50] $ 8.50

40 N.J.R. 6604(a)

(k)-(m) (No change.)


(a) Fees for services and facilities provided by the State Park Service at the Forked River State Marina are as follows:

1. Pleasure Seasonal berthholder permit fee:

Season Fee

------ ---

i. Summer (April 1 to October 31) [$ 60.00]$ 67.00/ft length

overall

ii. Winter (November 1 to March 31) [$ 25.00]$ 28.00/ft length

overall


Vessel Size Daily Monthly

----------- ----- -------

i. 40 feet and under [$ 2.00]$ 2.50/ [$ 20.00]$ 22.50/foot

foot length overall length overall

ii. 41 feet and over [$ 2.50]$ 3.00/ [$ 25.00]$ 28.00/foot



i. Charter vessel Six passengers and [$ 65.00]$ 73.00/foot length

under overall

ii. Other commercial vessel [$ 65.00]$ 73.00/foot length

overall



Season Fee

------ ---

i. Summer (April 1 to October 31) [$ 65.00]$ 73.00/ft length

overall** (Minimum Fee Based

on Applicable Berth Length)

**This fee shall be based on the designated size of each boat slip. Any

boat with an overall length that exceeds the designated size of the boat

slip shall pay a boat slip fee based on the overall boat length at the rate

outlined above. Overall boat length shall include any swim and/or bow

40 N.J.R. 6604(a)

platform(s).

ii. Winter (November 1 to March 31) [$ 25.00]$ 28.00/ft length

overall


Berth Size Daily Monthly

---------- ----- -------

i. 40 feet and under [$ 2.00]$ 2.50/ [$ 20.00]$ 22.50/foot


ii. 41 feet and over [$ 2.50]$ 3.00/ [$ 25.00]$ 28.00/foot



i. Charter Vessel Six passengers and under [$ 85.00]$ 95.00/foot

based on berth length

30-foot minimum berth

length

ii. Other commercial vessel [$ 85.00]$ 95.00/foot

length overall

(c) Fees for services and facilities provided by the State Park Service at the Marina in south Seaside Park, Berkeley



Season Fee

------ ---

i. Summer (April 1 to October 31) [$ 75.00]$ 79.50/ft.*

*This fee shall be based on the designated size of each boat slip. Any boat

with an overall length that exceeds the designated size of the boat slip

shall pay a boat slip fee based on the overall boat length at the rate

outlined above. Overall boat length shall be include any swim and/or bow

platforms(s).


i. [$ 2.00]$ 2.50/ft. length overall, per day based on the availability of berths.

(d) Miscellaneous fees for services and facilities provided by the State Park Service at State operated marinas shall be as

follows:

40 N.J.R. 6604(a)

1. A fee of 10 percent of the season's berth charge shall be charged for each berth cancellation; a fee of [$ 100.00] $

112.00 shall be charged for each berth sublease.

2. Organized events consisting of 20 vessels or more shall be charged a fee of [$ 125.00] $ 139.50 a day for each event

and the applicable daily transient fee for each vessel.

3.-4. (No change.)

5 of 22 DOCUMENTS

NEW JERSEY REGISTER


VOLUME 40, ISSUE 20

ISSUE DATE: OCTOBER 20, 2008

RULE PROPOSALS


NEW JERSEY WATER SUPPLY AUTHORITY

40 N.J.R. 5903(a)

Proposed Readoption with Amendments: N.J.A.C. 7:11

Proposed Repeal: N.J.A.C. 7:11-1.46 and 3.17


New Jersey Water Supply Authority Rules

Authorized By: New Jersey Water Supply Authority, Lisa P. Jackson, Chair, New Jersey Water Supply Authority, and

Commissioner, Department of Environmental Protection.

Authority: N.J.S.A. 58:1B-1 et seq., specifically N.J.S.A. 58:1B-7.

Calendar Reference: See Summary below for explanation of the exception to the calendar requirement.



Submit written comments by December 19, 2008 to:

Oneida Cuevas, Esq.

Attn: DEP Docket Number:



40 N.J.R. 5903(a)

Post Office Box 402


Henry S. Patterson

Executive Director

New Jersey Water Supply Authority

1851 Route 31

Post Office Box 5196

Clinton, New Jersey 08809

The New Jersey Water Supply Authority (hereafter "the Authority") requests, but does not require, that comments

be submitted on disk or CD as well as on paper. The Authority prefers Microsoft Word 6.0 or above. Macintosh TM

formats should not be used. Each comment should be identified by the applicable N.J.A.C. citation, with the commen-

ter's name and affiliation following the comment.

The proposed readoption with amendments can be viewed or downloaded from the Authority's website at

http://www.njwsa.org.


Summary

As the Authority has provided a 60-day comment period for this notice, this proposal is excepted from the rule-

making calendar requirement under N.J.A.C. 1:30-3.3(a)5.

Pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the New Jersey Water Supply Authority

rules, N.J.A.C. 7:11 were scheduled to expire on September 22, 2008. Pursuant to N.J.S.A. 52:14B-5.1c, timely filing of

this notice of proposal extended that expiration to March 21, 2009. The Authority has reviewed these rules and has de-

termined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated. The

Authority, therefore, proposes to readopt these rules with amendments to N.J.A.C. 7:11-1, 3, 4 and 5.

The Authority adjusts the rates for the Raritan Basin System at N.J.A.C. 7:11-2, and the Manasquan Reservoir Sys-

tem at N.J.A.C. 7:11-4, as necessary by separate rulemakings such that adjusted rates are effective at the start of the

Fiscal Year (July 1).

N.J.A.C. 7:11-1, Rules for the Use of Water Supply Authority Property, pertains to the permissible uses of the

property and waters under the jurisdiction of the Authority. The Authority lands and waters include the Raritan Basin

System (which includes the Delaware and Raritan Canal Transmission Complex and the Spruce Run-Round Valley Re-

servoir Complex), the Manasquan Reservoir System and any other water supply facilities owned or operated by the

State which may be acquired pursuant to any past or future bond issues including the Water Supply Bond Act of 1981,

P.L. 1981, c. 261.

N.J.A.C. 7:11-1.1, Scope, is proposed for amendment to incorporate specific reference to the Manasquan Reservoir

System.

N.J.A.C. 7:11-1.6 contains the definitions of terms used in the New Jersey Water Supply Authority rules. The Au-

thority proposes to amend the following definitions:

"ATV" is proposed for amendment to include diesel engines and all engine sizes for motor vehicles designed to

travel over terrain which is of a type possessing between three to six rubber tires but shall not include golf carts.

"Commissioner" is proposed for amendment to add "or her" after "his" for clarity.

"Open burning" is proposed for amendment to clarify that the term is meant to exclude any furnace or combustion

apparatus directed through a chimney.

"Manasquan Reservoir System" is proposed to be added to the terms defined in Subchapter 1 since the term "Rari-

tan Basin System" is also defined in Subchapter 1. The proposed definition is identical to the existing definition of the

term in Subchapter 4. However, the Authority is proposing to add "reservoir" before "pump station" to clarify that "re-

servoir pump station" identifies one of two separate and distinct pump stations. One of the pump stations is housed

40 N.J.R. 5903(a)

within the raw water intake facility and is utilized for a different purpose than the reservoir pump station. The Authority

is also proposing to amend the definition of the term in Subchapter 4 to include "reservoir," as discussed below.

"Permit" is proposed for amendment to clarify that the designee of the Executive Director of the New Jersey Water

Supply Authority also has the authority to issue a permit.

"Power boats" is proposed for amendment to clarify that the term applies to "electrically" powered boats rather than

"battery" powered boats, to make the term consistent with technological advancements that have occurred in the boat

propulsion industry.

"Small electric motors" is proposed for amendment by substituting "30 foot-pounds" for "four horse-power" to

more accurately define the power [page=5904] output of "small electric motors." Horse power is a term generally asso-

ciated with gas powered engines.

N.J.A.C. 7:11-1.15(a) is proposed for amendment by permitting a person who suffers from a disability to utilize a

companion dog in any location where their presence is necessary to perform the duty for which they are trained.

The Authority is proposing to amend N.J.A.C. 7:11-1.22 to expand the restricted activities related to horses to in-

clude walking or grazing horses as well as riding them. The Authority is proposing to amend the heading of N.J.A.C.

7:11-1.22 from "Horseback riding" to "Horse activities" to be consistent with the amendments that are being proposed

to the rule.

The Authority is proposing new N.J.A.C. 7:11-1.27(d) to allow a person to engage in scuba diving or skin diving at

the Round Valley and Spruce Run Recreation Areas provided the person complies with the requirements of the State

Park Service Code rules at N.J.A.C. 7:2-8.23.

The Authority is proposing an amendment at N.J.A.C. 7:11-1.44(b) to require that a permit to build a dock on the

Delaware and Raritan Canal be obtained from the Delaware and Raritan Canal Commission (in accordance with the

Delaware and Raritan Canal State Park Review Zone rules at N.J.A.C. 7:45-2.10) as well as the Authority and the State

Park Service.

N.J.A.C. 7:11-1.46 is proposed for repeal and reserved because the Authority has not installed early warning sys-

tems equipment. Notification to the public of an emergency is the responsibility of the affected municipality and county

emergency management department. The Authority does maintain security personnel at all times and has put procedures

in place, in the event of an emergency, for notifying the State Police and the affected municipality and county emer-

gency management department.

N.J.A.C. 7:11-2, Schedule of Rates, Charges and Debt Service Assessments for the Sale of Water from the Raritan

Basin Systems, pertains to the setting of rates for the purchase of water by water users and the procedures to be fol-

lowed when the schedule of rates is changed. No amendments are proposed.

N.J.A.C. 7:11-3, Rules for the Use of Water from the Delaware and Raritan Basin System, establishes the water

management requirements for the Raritan Basin System as administered by the Authority. The Authority is proposing to

delete "Delaware and" from the heading of the subchapter in order to be consistent with the name of the system as used

throughout the chapter.

N.J.A.C. 7:11-3.2(b)2 is proposed for amendment to correct a punctuation error.

N.J.A.C. 7:11-3.3(a) is proposed for amendment to correct a grammatical error.

N.J.A.C. 7:11-3.5(d) is proposed for amendment to more accurately define all components of the rate that

short-term users are required to pay as provided in N.J.A.C. 7:11-2.

N.J.A.C. 7:11-3.5(e) is proposed for amendment to include quarterly payment terms as a courtesy to smaller cus-

tomers that have either seasonal revenue streams during the year or whose contract amounts are low enough to make

quarterly billing more cost effective.

N.J.A.C. 7:11-3.17 is proposed for repeal and reserved because the provisions regarding excess withdrawal were

replaced by those regarding overdraft charges within N.J.A.C. 7:11-2.17 and 2.18.

N.J.A.C. 7:11-3.19(b) is proposed for amendment by replacing "his" with "the user's" for clarity.

40 N.J.R. 5903(a)

N.J.A.C. 7:11-4, Schedule of Rates, Charges and Debt Service Assessments for the Sale of Water from the Manas-

quan Reservoir Water Supply System, pertains to the setting of rates for the purchase of water by water users and the

procedures to be followed when the schedule of rates is changed.

N.J.A.C. 7:11-4.2 contains the definitions of terms used in the New Jersey Water Supply Authority rules pertaining

to the Schedule of Rates and Charges for the sale of water from the Manasquan Reservoir Water Supply System. The

Authority proposes to add "reservoir" before "pump station" in the definition of "Manasquan Reservoir System" as ex-

plained above.

N.J.A.C. 7:11-5, Rules for the Use of Water from the Manasquan Reservoir Water Supply System, sets forth the

water management requirements for the Manasquan Reservoir System as administered by the Authority.

N.J.A.C. 7:11-5.2 contains the definitions of terms used in the New Jersey Water Supply Authority rules pertaining

to the Manasquan Reservoir System. The Authority proposes to amend the following definitions:

"Manasquan Reservoir System" is proposed for amendment to be consistent with the definition of the term at

N.J.A.C. 7:11-4.2. In addition, the Authority is proposing to add "reservoir" before "pump station" as explained above.

"Short-term service" is proposed for amendment to be consistent with the definition of the term at N.J.A.C.

7:11-4.2.

N.J.A.C. 7:11-5.5(h) is proposed for amendment to clarify that late payment charges will be based on two percent

above the prime rate of the bank holding the Authority's short-term deposits rather than naming a specific bank. The

Authority prefers to choose a FDIC-insured bank that offers the best terms and conditions.

N.J.A.C. 7:11-5.6(b) is proposed for amendment to correct a grammatical error.

N.J.A.C. 7:11-5.8(b) is proposed for amendment to correct a grammatical error.

N.J.A.C. 7:11-5.12(a) and 5.12(b) are proposed for amendment to reflect the water user's current corporate identity

name.

N.J.A.C. 7:11-5.21 is proposed for amendment to correct a grammatical error.

Social Impact

The rules proposed for readoption with amendments will continue to provide reasonable and necessary standards

for the regulation of the use of Authority facilities as well as reasonable mechanisms for the setting of water use rates

and the policies and procedures governing that use.

Subchapter 1 has and will continue to have a positive social impact by providing specific guidelines governing a

wide variety of activities that may take place on Authority property. These specific provisions allow the Authority to

accomplish a two-fold objective: to preserve the water systems which the Authority is charged with operating and to

protect the public health, welfare and safety while using the Authority's facilities.

Subchapter 2 and 4 will have minimal social impact. These subchapters represent the Authority's effort to ensure

that rates for water withdrawn, diverted or allocated from the Raritan Basin System and the Manasquan Reservoir Water

Supply System are equitably assessed and sufficient to provide the revenues required by the Authority. In this way, Au-

thority facilities may be properly maintained so that water user's needs can be met.

By providing specific guidance to water users as to contract procedures, payment terms and general requirements

for water use agreements for water withdrawn, allocated or diverted from Authority facilities, the Authority pursuant to

N.J.A.C. 7:11-3 and 5 is thereby able to properly manage the water facilities under its jurisdiction in a consistent man-

ner.

Economic Impact

Subchapter 1 will have an indirect and positive economic impact. Since the Authority charges no fees to the public

for use of Authority facilities, the public will experience no direct economic impact by the readoption of these rules.

The rules will, however, help to prevent and deter damage to Authority property by clearly establishing permissible uses

and warnings that criminal penalties will accompany any misuse. Decreased property abuse and damage means de-

creased costs for maintenance, repair and replacement of Authority facilities, which in turn, helps to avoid budget in-

40 N.J.R. 5903(a)

creases for maintenance and upkeep. When budget increases are controlled, rates charged to water users, which ulti-

mately are passed on to the user's own water customers, are controlled.

As discussed in the Summary, N.J.A.C. 7:11-2 and 4, respectively, set the Schedule of Rates, Charges and Debt

Service Assessments for the Sale of Water from the Raritan Basin System and the Manasquan Reservoir System. Each

year, the Authority promulgates amendments to these subchapters to cover operation and maintenance costs for each

Fiscal Year. The Authority anticipates proposing amendments to N.J.A.C. [page=5905] 7:11-2 and 4 in December 2008

in order to become effective on July 1, 2009.

Subchapter 3 will result in minimal economic impact since these rules continue established policies of the Authori-

ty which control the diversion of water from Authority facilities. It is estimated that the annual cost to each of the Au-

thority's wholesale customers to comply with the diversion monitoring and reporting rules in Subchapter 3 amounts to

less than $ 3,500.

Subchapter 5 will result in minimal economic impact since these rules continue established policies of the Authori-

ty which control the diversion of water from Authority facilities. It is estimated that the annual cost to each of the Au-

thority's wholesale customers to comply with the diversion monitoring and reporting rules in Subchapter 5 amounts to

less than $ 3,500.


The rules proposed for readoption with amendments have an overall positive environmental impact. By regulating

the recreational and non-recreational use of its facilities in accordance with N.J.A.C. 7:11-1, the Authority is able to

minimize environmental damage to the lands and waters under its jurisdiction while still providing the public with at-

tractive facilities to enjoy. Similarly, Subchapters 2, 3, 4 and 5 provide the Authority with the revenue and management

authority needed to upkeep and preserve its facilities.


Executive Order No. 27 (1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65), require State agencies that adopt,

readopt, or amend rules or regulations that exceed any Federal standards or requirements to include in the rulemaking

document a Federal Standards Analysis.

These rules are promulgated under the procedures of the New Jersey Water Supply Authority. The New Jersey

Water Supply Authority is an instrumentality of the State of New Jersey in, but not of, the Department of Environmental

Protection. The New Jersey Water Supply Authority is charged with the operation and management of the State owned

raw water supply facilities within the State of New Jersey.

The rules proposed for readoption with amendments are not under the authority of or in order to implement, comply

with or participate in any program established under Federal Law. In addition, the rules proposed for readoption are not

under the authority of a State statute that incorporates or refers to Federal law, standards, or requirements. Therefore, no

Federal Standards Analysis is required.

Jobs Impact

The New Jersey Water Supply Authority does not anticipate that the rules proposed for readoption with amend-

ments will result in the generation or loss of jobs.


In accordance with P.L. 1998, c. 48, which amends the Right to Farm Act, and in accordance with N.J.S.A.

52:14B-4(a)2, which requires that an Agriculture Industry Impact statement be included in the rule proposal. The Au-

thority has evaluated this rulemaking to determine the nature and extent of the impact of the rules proposed for readop-

tion with amendments will have on the Agriculture industry. Agriculture is impacted by the rules proposed for readop-

tion with amendments to the extent that farms and other agricultural users receive water allocations from the Depart-

ment of Environmental Protection and contracts with the New Jersey Water Supply Authority for the purchase of water

as a condition of the water allocation permit.


40 N.J.R. 5903(a)

The Authority is a wholesaler of raw water supplies to several municipalities and privately owned water companies

who in turn treat and deliver water to business, commercial and residential end users. Additionally, the Authority sells

raw water to several golf courses, both public and private, State facilities and other private users. As such, the Authority

does sell water directly to small businesses, which would require them to comply with Subchapters 2 through 5. Sub-

chapter 1 is concerned only with the public use of Authority property and does not place any compliance requirements

on small businesses.

In accordance with the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the Authority has de-

termined that eight of its customers qualify as "small businesses" under N.J.S.A. 52:14B-16 et seq., and all the busi-

nesses are golf courses. The rules proposed for readoption with amendments will not impose additional reporting, re-

cordkeeping or other compliance requirements on small businesses. Customers have been required and will continue to

be required to file quarterly or monthly consumption reports with the Authority on which billing is based. The rules

minimize adverse economic impacts because the Authority uses a copy of the same form that is submitted by the cus-

tomer to the New Jersey Department of Environmental Protection for compliance with the water allocation permit. Ad-

ditionally, the rules proposed for readoption with amendments allow for quarterly billing, in certain circumstances,

which further minimizes the number of times per year the customer is asked to process invoices. There are no initial

capital costs imposed by the rules proposed for readoption with amendments associated with the reporting requirement.

The Authority also does not anticipate that small businesses will have to utilize professional services to comply with the

rules.

Smart Growth Impact

Executive Order No. 4 (2002) requires State agencies which adopt, amend or repeal State regulations to include in

the rulemaking document a Smart Growth Impact statement that describes the impact of the rules proposed for readop-

tion with amendments on the achievement of smart growth and implementation of the New Jersey State Development

and Redevelopment Plan (State Plan). The Authority has evaluated this rulemaking to determine the nature and extent

the rules proposed for readoption with amendments will have on smart growth and implementation of the State Plan.

The rules proposed for readoption with amendments do involve land use policies and infrastructure development

pertaining to the use of Authority property for water supply and recreational purposes, although the regulation for recre-

ational use is not expected to have any impact on the achievement of smart growth. The regulation of water supply di-

versions is anticipated to have a positive, although indirect, impact upon smart growth and the implementation of the

State Development and Redevelopment Plan through effective management of system water supplies. Therefore, the

rules proposed for readoption with amendments are consistent with the State's achievement of smart growth and imple-

mentation of the State Plan.

Housing Affordability Impact

In accordance with N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by P.L. 2008, c. 46, the Authority has

evaluated the rules proposed for readoption with amendments for the purposes of determining their impact, if any, on

the affordability of housing. The Authority has determined that the rules proposed for readoption with amendments will

impose an insignificant impact because there is an extreme unlikelihood that the rules will evoke a change in the aver-

age costs associated with housing. The Authority finds that the rules proposed for readoption with amendments do not

change land use policies or the nature and scope of the regulation, but relate only to the regulation of, and the recrea-

tional and non-recreational use of the Authority's facilities and provide revenue and management that the Authority

needs for upkeep and to preserve its facilities. Therefore, there is an extreme unlikelihood that the rules proposed for

readoption with amendments would evoke a change in the average costs associated with housing.

Smart Growth Development Impact

In accordance with N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by P.L. 2008, c. 46, the Authority has

evaluated the rules proposed for readoption with amendments for purposes of determining their impact, if any, on smart

growth development. The Authority has determined that the rules proposed for readoption with amendments will im-

pose an insignificant impact because there is an extreme unlikelihood that the rules will evoke a change in housing pro-

duction within Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment

Plan. The Authority finds that the rules proposed for readoption with amendments do not change land use policies or the

nature and scope of the regulations but relate only to the regulation of, [page=5906] and the recreational and

non-recreational use of the Authority's facilities and provide revenue and management that the Authority needs for

40 N.J.R. 5903(a)

upkeep and to preserve its facilities. Therefore, there is an extreme unlikelihood that the rules proposed for readoption

with amendments would evoke a change in housing production within Planning Areas 1 or 2 or within designated cen-

ters.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 7:11.

Full text of the proposed amendments and repeals follow (additions indicated in boldface thus; deletions indicated in

brackets [thus]):

SUBCHAPTER 1. RULES FOR THE USE OF WATER SUPPLY AUTHORITY PROPERTY

7:11-1.1 Scope

Unless otherwise provided by rule or statute, this subchapter shall constitute the rules of the New Jersey Water Supply

Authority governing the use of the Raritan Basin System, the Manasquan Reservoir System, and all other State oper-

ated or owned water supply facilities under the administrative jurisdiction of the Authority now or hereafter authorized

to be designed, constructed and operated pursuant to any past or future bond issue.


The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly

indicates otherwise:

. . .

"ATV" means a motor vehicle, designed to travel over any terrain which is of a type possessing between three to six

rubber tires and powered by a gasoline or diesel engine [not exceeding 400 cubic centimeters] but shall not include golf

carts.

. . .

"Commissioner" means the Commissioner of the Department of Environmental Protection who is also the [Chairman]

Chair and Chief Executive Officer of the Authority, or any other person designated to act on his or her behalf.

. . .

"Manasquan Reservoir System" means the water supply system constructed by the Authority in Monmouth

County, the major components of which are a 770-acre, four-billion gallon reservoir facility in Howell Township,

a raw water intake facility and reservoir pump station located adjacent to the Manasquan River in Wall Town-

ship, and an approximate 5.25-mile transmission pipeline connecting the reservoir and the intake facility, to-

gether with all component plants, structures and other real or personal property, and additions and improve-

ments thereto.

. . .

"Open burning" means any fire whereby products of combustion are emitted directly into the open air, and are not di-

rected through [the] a stack or chimney [of an incinerator].

. . .

"Permit" means a formal document issued by the Authority allowing a specified activity, properly executed and signed

by the Executive Director or his or her designee.

. . .

40 N.J.R. 5903(a)

"Power boats" means all fuel or [battery] electrically powered boats.

. . .

"Small electric motors" means electric powered motors with size no greater than [four horse-power] 30 foot-pounds.

. . .

7:11-1.15 Exemption of seeing eye, companion and hunting dogs

(a) Seeing eye dogs and companion dogs for the hearing impaired or other disabled individuals are permitted in any

location where their presence is necessary to perform the duty for which they are trained.

(b) (No change.)

7:11-1.22 [Horseback riding] Horse activities

No person shall ride [horseback], walk or graze a horse on property under the jurisdiction of the Authority except on

designated trails and in designated areas where [horseback riding is] such activities are allowed.

7:11-1.27 Recreational activities


(d) Notwithstanding the requirement imposed under (c)10 and 11 above, a person may engage in scuba diving or

skin diving at the Spruce Run and Round Valley Recreation Areas provided the person complies with the re-

quirements in the State Park Service Code at N.J.A.C. 7:2-8.23.

7:11-1.44 Delaware and Raritan Canal

(a) (No change.)

(b) Building of docks: No person shall build docks, of any kind or size, unless a written permit to build a dock has been

given by the Commission, the Authority and the State Park Service.

7:11-1.46 [Early warning systems] (Reserved)

[All early warning systems installed by the Authority to alert downstream residents of dangerous conditions involving

Authority dams are the property of the Authority. No person shall damage, alter, tamper with, or disturb this equipment.

Any person who causes damage, alters, tampers with or disturbs this equipment shall be subject to criminal action pur-

suant to N.J.S.A. 2C:17-3.]

SUBCHAPTER 3. RULES FOR THE USE OF WATER FROM THE [DELAWARE AND] RARITAN BASIN

SYSTEM

7:11-3.2 Public hearing

(a) (No change.)

(b) The applicant shall present testimony and respond to objectors and other interested parties at the public hearing re-

quired by (a) above relevant to the application for water supply including, but not limited to:

1. (No change.)

40 N.J.R. 5903(a)

2. Identification of the applicant's water supply facilities which are planned to use the waters of the Raritan Basin Sys-

tem[.];

3.-4. (No change.)

(c) (No change.)

7:11-3.3 Water use agreement

(a) Water is to be withdrawn from the Raritan Basin System only in accordance with the terms of a formal agreement, to

which this subchapter shall be attached and made a part thereof, between the New Jersey Water Supply Authority and

the user.

(b) (No change.)

7:11-3.5 Payments


(d) Until the total water supply capacity of the Raritan Basin System is allocated by contract, the New Jersey Water

Supply Authority may allow interim, short-term use of the uncommitted capacity of the System on a non guaranteed,

annual interruptible basis to support the growing of agricultural and horticultural products provided that short-term users

shall pay the cost of operation and maintenance, the capital fund component, debt service assessments, and source

water protection fund component established in accordance with N.J.A.C. 7:11-2 for the actual amount of water

diverted by the short-term user during any month.

(e) Payments shall be made monthly or quarterly as billed, at such place as the New Jersey Water Supply Authority

may designate.

7:11-3.17 [Excess withdrawal] (Reserved)

[(a) During the period of reservoir releases, any water withdrawn from the Raritan Basin Streams over five percent in

excess of the advance notice of daily demand given by the user as required at N.J.A.C. 7:11-3.15 (Diversion scheduling)

shall be paid for by the user at the rate of $ 1,000.00 for each million gallons of such excess, provided however that

prevailing rates shall apply in the case of overdraft for fire suppression or other catastrophe.

1. This provision has been temporarily waived by the Authority until such time as, and in the event that, the future Con-

fluence Force Main and Confluence Reservoir are constructed and are operational.

[page=5907] (b) Should the withdrawal of any water from the Delaware and Raritan Canal over five percent in excess

of the advance notice of daily demand given by the user as required at N.J.A.C. 7:11-3.15 (Diversion scheduling), cause

the Authority to incur additional expenses for pumping or otherwise in order to satisfy contractual and/or legislative

requirements, such water shall be paid for by the user at the rate of $ 1,000.00 for each million gallons of such excess,

provided however that prevailing rates shall apply in the case of overdraft for fire suppression or other catastrophe.]

7:11-3.19 Meter

(a) (No change.)

(b) The user shall have the flow meter tested for accuracy at [his] the user's own sole cost and expense before installa-

tion, by a meter testing firm, and shall furnish a report of such test to the New Jersey Water Supply Authority. The user

further shall have such laboratory test repeated and furnish a report of said test to the New Jersey Water Supply Author-

ity at intervals of not less than one year and following meter repairs.


40 N.J.R. 5903(a)

SUBCHAPTER 4. SCHEDULE OF RATES, CHARGES AND DEBT SERVICE ASSESSMENTS FOR THE SALE

OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM



clearly indicates otherwise.

. . .






. . .

SUBCHAPTER 5. RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER

SUPPLY SYSTEM



clearly indicates otherwise:

. . .


major components of which are a [740] 770-acre, four-billion gallon reservoir facility in Howell Township, a raw water

intake facility and reservoir pump station located adjacent to the Manasquan River in Wall Township, and [a five] an

approximate 5.25-mile transmission pipeline connecting the reservoir and the intake facility, together with all compo-

nent plants, structures and other real or personal property, and additions and improvements thereto.

. . .

"Short-term service" means the supply of Manasquan Reservoir System water for certain interim interruptible,

non-guaranteed or short-term uses, such as growing agricultural or horticultural products, [or] meeting extraordinary

requirements in consumer demand for potable or industrial water as a result of transfers arising from a declaration

of drought by the Department or Monmouth County, meeting non-seasonal extraordinary requirements in con-

sumer demand for potable or industrial water or emergent maintenance or temporary failure of a critical com-

ponent of a system water user's infrastructure, provided on a non-guaranteed or interruptible basis.

. . .

7:11-5.5 Payments

(a)-(g) (No change.)

(h) All amounts not paid when due shall be subject to a late payment charge at two percent above the prime rate of the

[First Fidelity Bank, N.A.] bank holding short-term deposits of the Authority, prevailing on the due date, but not to

exceed 18 percent per annum, from the date when due until paid.

(i) (No change.)

40 N.J.R. 5903(a)

7:11-5.6 Sale of excess water

(a) (No change.)

(b) Following receipt of such notice, the [authority] Authority shall notify each other purchaser of the availability for

purchase of the surplus water (and any surplus water under any other water purchase contract) on the same basis as pro-

vided for short-term service in the most current rate schedule.


7:11-5.8 Period of contract

(a) (No change.)

(b) The water purchase contract shall expire at the end of the specified [upon] period, except as to those matters set forth

at N.J.A.C. 7:11-5.9 and 5.10.

7:11-5.12 Assignment

(a) Neither party to the water purchase contract may assign its contractual rights or obligations without the consent of

the other party or parties entitled to the benefit of such rights or obligations except for any assignment by a purchaser

under the terms of a three-party water purchase contract to [New Jersey-American Water Company, Inc.] New Jersey

American Water.

(b) In the case of [New Jersey-American Water Company, Inc.] New Jersey American Water, upon any such assign-

ment, and the delivery to the Authority of an instrument of assumption of the liabilities of the purchaser by [New Jer-

sey-American Water Company, Inc.] New Jersey American Water, the purchaser shall be relieved of all further liabil-

ity under the terms of the water purchase contract.

7:11-5.21 Disposition of facilities

Within 90 days after termination of the water purchase contract or such longer period as may reasonably be required,

the purchaser shall remove from Manasquan Reservoir System property purchaser's interconnection system and any

other facilities installed by purchaser on Manasquan Reservoir System property, and shall restore said property to its

former condition as nearly as may be and in a manner satisfactory in the reasonable judgment of the Authority and shall

release and reconvey any easement granted pursuant to N.J.A.C. 7:11-5.15. On purchaser's failure to do so, the [author-

ity] Authority may make such removal and restoration at the sole cost and expense of the purchaser, which cost and

expense the purchaser agrees to pay on demand. The Authority also reserves the option to sell purchaser's interconnec-

tion system and other facilities to assist in defraying the cost and expense of removal and restoration. Purchaser may,

within 30 days after termination of the water purchase contract, submit a written offer to sell or donate such systems

and/or facilities to the Authority, which the Authority shall accept or reject in writing within 60 days.

6 of 22 DOCUMENTS

NEW JERSEY REGISTER


VOLUME 39, ISSUE 9

39 N.J.R. 1701(a)

ISSUE DATE: MAY 7, 2007

RULE ADOPTIONS



39 N.J.R. 1701(a)

Readoption with Amendments: N.J.A.C. 7:2

Adopted New Rules: N.J.A.C. 7:2-17.6 and 17.7

Adopted Repeals and New Rules: N.J.A.C. 7:2-10.6 and 10.8


Proposed: November 20, 2006 at 38 N.J.R. 4779(a).

Adopted: April 12, 2007, by Lisa P. Jackson, Commissioner, Department of Environmental Protection.

Filed: April 13, 2007 as R.2007 d.155 with technical changes not requiring additional public notice and comment (see

N.J.A.C. 1:30-6.3).



Effective Date: April 13, 2007, Readoption;

May 7, 2007, Amendments, Repeals and New Rules.

Expiration Date: April 13, 2012.

The New Jersey Department of Environmental Protection is readopting the State Park Service Code, N.J.A.C. 7:2,

which governs the administration, operation, management and use of State parks, forests, recreation areas, historic sites,

natural areas, marinas, a golf course, botanical gardens and other land, waters and facilities under the jurisdiction of the

Department and assigned to the State Park Service in the Division of Parks and Forestry.

Summary of Public Comments and Agency Responses:

The following persons submitted written comments during the comment period on the proposal:

1. Barb Sachau

2. Eric McKinley

3. Jason Keith

4. William R. O'Donnell

5. Joseph and Cynthia Cooper

6. Kurt Peterson

7. Arthur Samaras

8. Deborah Hankinson

9. Robert T. O'Brien

39 N.J.R. 1701(a)

10. Andy Norin

11. Andy and Carrie Norin

12. John Anderson

13. Daniel Cintorino

A summary of the comments received and the Department's responses follows. The number(s) in parentheses after

each comment identifies the respective commenter(s) listed above.

1. COMMENT: At N.J.A.C. 7:2-2.9, Service animals and hunting dogs, do not permit hunting dogs in State parks

(1).

2. COMMENT: No one, including hunters or people engaged in fish and wildlife activities, should be allowed to

take anything out of State parks. Everyone who takes anything out of a park should have the specific permission of the

park superintendent. Such activities should be prohibited at N.J.A.C. 7:2-2.10, Damage to Property/Tampering. (1)

3. COMMENT: Hunters should be required to advise the park superintendent of their presence in the park. The

Department should institute such a requirement at N.J.A.C. 7:2-2.17, Target practice; firearms; fireworks (1)

4. COMMENT: The Department should amend N.J.A.C. 7:2-2.18, Restrictions on hunting, fishing and trapping, to

prohibit hunting in State parks. (1)

RESPONSE TO COMMENTS 1 THROUGH 4: Hunting and fishing are legal forms of recreation within State

parks and forests, as is the use of hunting dogs. The Division of Parks and Forestry and the New Jersey Fish and Game

Council work to minimize user group conflicts wherever possible. With regard to the use of dogs, the Department has

not received reports of problems associated with the use of hunting dogs, and does not have a basis to prohibit them.

N.J.A.C. 7:5A-1.9(e)19iv requires that hunting dogs be under the immediate control of their owners.

The Department recognizes that there are individuals who oppose hunting, and hunting in State parks; however, the

Department strives to provide a variety of recreational opportunities to a variety of user groups, while also protecting

the natural resources in the State. Hunting helps keep the deer population in check in the State parks. The reduction of

the deer densities within State parks and forests fosters greater forest health and biodiversity, which benefits both the

forest and wildlife generally.

It is not necessary for hunters to notify the Superintendent of their presence, as hunters are hunting in the park dur-

ing specific times of the year during designated hunting seasons. The Superintendents are aware of the hunting seasons

and that, as a result, there will be hunters in the park.

5. COMMENT: Amend N.J.A.C. 7:2-3.5 to keep snowmobiles out of State parks and forests entirely. (1)

RESPONSE: Snowmobiles are allowed only in specific areas and on certain trails in a limited number of New Jer-

sey's State parks and forests. The potential for damage to the trail is reduced by the snow cover necessary for the use of

such vehicles. Allowing snowmobiling is consistent with the Department's commitment to provide a variety of recrea-

tional activities to the public.

6. COMMENT: The Department should amend N.J.A.C. 7:2-10.1(j) to require an adult to accompany any child

playing golf up to the age of 14, not 13 as was proposed. (1)

RESPONSE: Many 13-year olds are members of junior golf teams sponsored by local schools. The adopted

amendment will allow these individuals to golf with their older teammates and coaches. To raise the age to 14 would

unfairly impact the youngest members of these golf teams that use State facilities.

7. COMMENT: Each year different individuals should be able to apply for a mobile sport fishing vehicle permit

(MSFP). If a person purchases a MSFP one year, he or she should not be able to purchase one in next year, until all of

the public has a chance to purchase one. Otherwise, the same people would receive the permits each year. N.J.A.C.

7:2-16.2, Mobile sport fishing vehicles/permits/restrictions. (1)

RESPONSE: There are no restrictions on who can purchase a MSFP. The Department provides equal opportunity

for all members of the public to purchase a MSFP at Island Beach after January 1st of each year. The Department has

not had to deny an MSFP to an applicant as a result of a limited supply of permits. On the contrary, the Department

usually has available MSFPs remaining at the end of the year. Accordingly, a lottery or rotation system is unnecessary.

39 N.J.R. 1701(a)

8. COMMENT: At N.J.A.C. 7:2-17.1(f), concerning the daily or annual launch ramp fee at designated State parks

and marinas, the Department should increase the daily launch ramp fee from $ 10.00 to $ 15.00 and the annual launch

ramp fee from $ 55.00 to $ 100.00. (1)

RESPONSE: The fees set forth at N.J.A.C. 7:2-17.1(f) are imposed in order to offset the State's cost of providing

the service to the public. At Corson's Inlet, Mullica River and Hopatcong State Park, the fee for using the launch ramps

is lower because the areas are not staffed, and do not offer the amenities that are provided to the public at the Liberty

State Park and Leonardo State Marina launch ramps, where the higher fees are charged. The fees for launching at these

areas have been introduced during the last several years, and there is less public demand for the use of these ramps as

compared to the launch ramps at Liberty State Park and Leonardo State Marina.

9. COMMENT: At N.J.A.C. 7:2-17.3(e), concerning miscellaneous fees for services and facilities provided by the

State Park Service at Wharton State Forest, the Department should charge all clubs the $ 150.00 fee specified for use of

the new auditorium at Wharton, and not allow certain hunting or sportsmen clubs free use of this facility. (1)

RESPONSE: The Department intends to charge the same auditorium use fee to all members of the public who re-

quest to use this facility. The fee is charged in order to offset the cost of making the facility available to the public. Any

club, including a hunting or sportsmen club, that makes use of the facility will be charged the applicable fee.

10. COMMENT: The Batsto Historic Tour fee at N.J.A.C. 7:2-17.1(m) may present a hardship for those members

of the public who depend on State parks and forests as places for free entertainment for the whole family. Factoring in

the costs for transportation, a picnic lunch, possible tolls and the summer entrance fee to Batsto Village, a low income

family may not have the money for the Batsto Mansion Tour. (2)

RESPONSE: The fee is not new, but is a reinstatement of a fee that has not been charged for several years, due to

the closure of the Batsto Historic Mansion for restoration and repairs. As the mansion is now open again for public

tours, this fee is again being charged. The Department is reinstating this fee at the same level it was in 1991. The De-

partment is investing millions of dollars worth of repairs and restoration work at the mansion. The revenue generated

from the fee will offset some the costs associated with making the mansion available to the public.

11. COMMENT: The State Park Service Code should be amended to explicitly permit rock climbing in all its dis-

ciplines within New Jersey's State parks and forests. (3 through 13).

12. COMMENT: Eliminate the liability waiver requirement for rock climbers. The current waiver system is an un-

reasonable and unnecessary regulation imposed on rock climbers that no other user group must follow. (3 through 13).

RESPONSE TO COMMENTS 11 AND 12: The Department is responsible for protecting and preserving New Jer-

sey's natural resources. In doing so, there are times when limits or restrictions are needed for certain recreational activi-

ties to ensure that the resources are preserved and protected.

Protection of the plant species and habitat from damage due to overuse is imperative. The current policy of allow-

ing park Superintendents on a case-by-case basis to allow or restrict climbing, depending on conditions in the park, re-

flects the Department's effort to balance the competing needs of recreation with resource protection while also main-

taining safety in New Jersey's State parks and forests.

The Department's policy is to obtain a liability waiver from individuals who rockclimb in State parks, as a com-

promise to allow individuals to engage in this unique and potentially-dangerous activity, while limiting the State's lia-

bility for injury that may result from the activity, instead of precluding such activity outright.


The rules readopted with amendments are not promulgated under the authority of or in order to implement, comply

with or participate in any program established under Federal law, or under a State statute that incorporates or refers to

Federal law, Federal standards or Federal requirements. Accordingly, no further analysis is required.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 7:2.

Full text of the adopted amendments and new rules follows (additions to proposal indicated in boldface with asterisks

*thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):

39 N.J.R. 1701(a)


7:2-1.7 Definitions



"ATV" means a motor vehicle, registered with the New Jersey Motor Vehicle Commission or not registered, designed

to travel over any terrain, which is of a type possessing between three to six rubber tires, but shall not include golf carts.

"Bicycle" means a device upon which any person may ride propelled by human power through a belt, chain or gears.

"Boat" means an open or closed vessel or water craft propelled by human power by oars, rowing, paddling or pedaling.

"Camper" means any person in possession of a valid camping permit making use of any State Park Service camping or

overnight facility.

. . .

"Camping facility" means any facility designated by the State Park Service as a camping facility, including family

campsites, wilderness campsites, group campsites, and primitive campsites.

. . .

"Designated swimming area" means any swimming pool, wading pool or the area of a natural or artificially constructed

pond, lake, stream, river, bay, tidal waters, ocean or other body of fresh or salt water, which is designated, developed,

maintained and operated by the State Park Service for swimming purposes together with buildings, equipment, and ap-

purtenances, if any, and the land area used in connection therewith.

. . .

"Facilities" means any one or the combination of all State Park Service resources designed or utilized or preserved for

conservation, recreation, and environmental purposes.

"Family" means a group of related persons living in one household.

. . .

"Law enforcement personnel" means a State Park Police Officer, State Park Police Sergeant, State Park Police Lieute-

nant or other State Park Service personnel whom the Director of the Division of Parks and Forestry has vested with law

enforcement authority and empowered to warn, cite and/or arrest.

. . .

"Motorized bicycle" means a pedal bicycle having a helper motor.

. . .

"Permit" means a properly executed document approved by the State Park Service authorizing a specific activity in-

cluding, but not limited to, a special use permit and camping permit.

. . .

"Pet" means any mammal, bird, reptile or amphibian, kept for pleasure, not for utility. "Pet" does not include a service

animal.

39 N.J.R. 1701(a)

. . .

"Sailboat" means any boat whose main source of propulsion is the natural elements (wind).

"Service animal" means a guide dog, signal dog or other animal individually trained to provide assistance to an individ-

ual with a disability.

. . .

"Special event" means an organized race, exhibition, demonstration or activity of limited duration, which is conducted

according to an approved prearranged schedule, and which may be subject to a permit.

. . .

"Superintendent" means the supervisory official who directs the administration, operation, safety, maintenance and de-

velopment of a State park, forest, recreation area, historic site, natural area, marina, golf course, botanical garden, and

other land, water and facility under the jurisdiction of the Department of Environmental Protection and assigned to the

State Park Service.

"Vessel" means a boat or powerboat or personal watercraft, other than a seaplane, used or capable of being used on the

water.

"Visitor" means any person entering with permission upon State-owned property or a facility administered by the State

Park Service. This definition shall not include an employee or volunteer in the course of his or her duties, or a camper.

. . .

"Yurt" means a circular tent built on a wood frame, with wood floors, a deck and a skylight.


7:2-2.8 Pets

(a) Except as provided in N.J.A.C. 7:2-2.9, all pets are prohibited from buildings, swimming beaches, swimming wa-

ters, all camping and overnight facilities, golf courses, and botanical gardens.

(b) Where allowed in areas not listed in (a) above, except as provided in (c) below and N.J.A.C. 7:2-2.9, the owner of

any pet shall keep the pet caged or held on a leash (maximum length--six feet) and under the immediate control of the

owner at all times.

(c) Where allowed in areas not listed in (a) above, the pet does not have to be caged or held on a leash while on a vessel

on waters under the jurisdiction of the State Park Service but shall be under the immediate control of the owner at all

times.

(d) The owner shall be responsible for the pet's behavior. The owner shall be strictly liable for any nuisance, noise,

damage or injury caused by the pet.

(e) The owner shall be responsible for the prompt and sanitary disposal of the pet's waste.

(f) The term "owner" as used in this section refers to the person that is responsible for the care of the pet or that physi-

cally has control of the pet on or within the State Park Service jurisdiction.

7:2-2.9 Service animals and hunting dogs

39 N.J.R. 1701(a)

(a) Service animals are permitted in any location where their presence is necessary to perform the duty for which they

are trained.

(b) (No change.)

7:2-2.10 Damage to property/tampering

(a) A person shall not abuse, mutilate, injure, destroy, move or remove any plant or animal or natural resource on lands

and water under the jurisdiction or control of the State Park Service without having first obtained the permission of the

Superintendent or designee. Authorized fish, game and wildlife activities excepted.

(b) A person shall not deface, damage, move or remove any furniture, equipment, structure, or physical feature of any

kind on lands and waters under the jurisdiction or control of the State Park Service without the permission of the Super-

intendent or designee.


(e) An unauthorized person shall not open or enter any manhole or confined space without the specific approval of the

Superintendent or designee.

7:2-2.11 Conduct


(c) A person shall not use or operate any noise producing machine, vehicle, device, or instrument in a manner that in the

judgment of the Superintendent or designee, or designated law enforcement personnel, is disturbing to other park visi-

tors, campers or employees. In camping and overnight facilities, the hours of 10:00 P.M. to 6:00 A.M. are designated

"quiet hours."


(f) A person shall not use a public address system on State Park Service property without the permission of the Superin-


(g)-(o) (No change.)


(a) A person shall not start or maintain any open fire except for small handwarming fires in areas designated for ice

fishing under N.J.A.C. 7:2-2.18(e), on any lands or frozen waters under the jurisdiction of the State Park Service unless

specific approval is given by the Superintendent or designee. Such approval may include conditions limiting the hours,

location, and types of fuel to be used. Small handwarming fires shall be allowed in designated ice fishing areas subject

to conditions posted by the State Park Service.


(d) In camping and overnight facilities and in picnic areas, wood fires shall be lighted only in an established place con-

structed for the convenience of the visitor or camper, except when otherwise authorized by the Superintendent or desig-

nee or posted sign.

(e) Campers and visitors may use dead fallen timber for fuel when authorized by the Superintendent or designee.

(f) For cooking purposes, portable charcoal grills, gasoline, kerosene, or propane gas stoves may be used in camping

overnight facilities and picnic areas, unless otherwise posted or directed by the Superintendent or designee.

39 N.J.R. 1701(a)

(g) (No change.)

(h) A person shall not burn litter, trash, refuse, garbage, pollutants or, except as provided at (d), (e) and (f) above, any

other substance or liquids on the lands and waters of the State Park Service without specific approval of the Superin-


7:2-2.16 Metal detectors

A person shall not use metal detectors or similar devices without a permit issued by the Superintendent or designee. The

permit may limit the location, hours, and days of use. A permit will not be issued for use in areas of significant histori-

cal or other value, or where such use would be incompatible with protection of the resource and/or interfere with public

use of the facility.

7:2-2.17 Target practice; firearms; fireworks

(a) (No change.)

(b) A person shall not possess or discharge any firearm, pellet gun, bow and arrow, slingshot or other weapon capable of

injuring persons or wildlife while on State Park Service property without the specific approval of the Superintendent or

designee. Hunters in compliance with the rules of the Division of Fish, Game and Wildlife and this chapter are ex-

cepted.

(c) (No change.)

7:2-2.18 Restrictions on hunting, fishing, and trapping

(a) (No change.)

(b) A person shall not hunt with a rifle. Hunting with a muzzle loading rifle shall be limited to the prescribed firearm

deer season only or any additional special firearm deer season. Superintendents or designees are authorized to allow

squirrel and woodchuck hunting with muzzle loaders as conditions of safety warrant in accordance with the Game

Code, N.J.A.C. 7:25-5, now in effect or as may subsequently be amended or changed.

(c)-(d) (No change).

(e) A person shall not ice fish except in areas specifically approved by the Superintendent or designee.

(f)-(g) (No change.)

7:2-2.20 Swimming areas

(a) A person shall not swim or bathe in waters under the jurisdiction of the State Park Service from land comprising part

of a State Park and administered for public recreation and/or conservation purposes except in designated swimming

areas open and staffed to allow this activity.

(b) Designated swimming areas shall have posted hours of operation and a person shall not use a designated swimming

area contrary to posted regulations.

(c)-(e) (No change.)

(f) No motorized vehicles except emergency, maintenance, or law enforcement vehicles, shall be permitted in designat-

ed swimming areas during the hours of operation posted under (b) above.

(g) A person shall not use, operate or bring into a designated swimming area any inflatables or floating devices such as

rubber innertubes, rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts or any other floating device

39 N.J.R. 1701(a)

without the approval of the Superintendent or his or her lifeguard designees. United States Coast Guard approved Per-

sonal Floatation Devices (PFDs) are excepted.

(h) The Superintendent or designee may authorize the temporary use of certain floatation devices on occasion where the

use is deemed safe, or during special events, games, tests, experiments or to accommodate the handicapped.

(i) (No change.)

7:2-2.23 Lost articles

All articles found shall be turned over to the Superintendent or designee. Receipts shall be issued and the article shall be

returned to the finder at the end of 90 days if the owner has not claimed the article. Articles not claimed shall be dis-

posed of in accordance with established State Park Service policy. The State Park Service policy for the disposal of un-

claimed articles shall be posted at each State Park.

7:2-2.24 Winter activities restrictions

(a) (No change)

(b) Activities listed in (a) above may be approved in areas specifically designated by the Superintendent or designee.

(c) (No change.)


(a)-(j) (No change.)

(k) Roller skates and skateboards are restricted to areas specifically designated by the Superintendent or designee. The

use of roller skates and skateboards on State Park Service roads and parking lots is prohibited.

(l) (No change.)


7:2-3.4 Restriction on operation of motor vehicles


(c) A person shall not operate a motor vehicle on or over any cultivated or planted area, transmission line, survey line or

in the woods, swamps, bogs, wetlands or fields unless a permit for said specific activity and location is issued by the


(d) (No change.)

(e) A person or organization shall not conduct a motor vehicle race, rally, exhibition or demonstration of any type on

State Park Service lands and waters without a permit issued by the Superintendent or designee.

7:2-3.5 Snowmobiles


(e) All accidents involving personal injury or damage to property shall be reported to the Superintendent or designee of

the State park at which the accident occurred as soon as possible after the occurrence.

39 N.J.R. 1701(a)

(f) Any race, rally or organized snowmobile activity shall require application for a use permit and/or scheduling at least

five days in advance with the Superintendent or designee having jurisdiction over the property to be utilized. The appli-

cation or request may be denied for reasonable cause.

(g)-(h) (No change.)

7:2-3.7 Parking


(c) Parking shall be strictly confined to areas designated for that purpose. Temporary parking areas designated by the

Superintendent or designee may be used to accommodate special functions.

7:2-3.9 Motorized bicycle restrictions

(a) (No change.)

(b) In the interest of safety, the Superintendent or designee is authorized to temporarily prohibit or limit the operation of

motorized bicycles.


SUBCHAPTER 5. OCEAN PARKS AND INLAND PARKS BEACH RESTRICTIONS

7:2-5.1 Trespassing

(a) A person shall not be in, walk on, or travel over any ocean park sand dune, vegetation, or restricted or protected area

without specific authorization of the Superintendent or designee.


7:2-5.3 Fires (open)

(a) A person shall not build or start an open fire on a beach without the approval of the Superintendent or designee.


7:2-5.5 Restricted activities

(a) Jet skiing shall be allowed on Lake Hopatcong, Lake Musconetcong, Cranberry Lake, and Greenwood Lake without

the prior approval of the Superintendent or designee. Jet skiing on Lake Hopatcong, Lake Musconetcong, Cranberry

Lake, and Greenwood Lake shall be conducted in accordance with the rules of the New Jersey Boat Regulation Com-

mission at N.J.A.C. 13:82 or as subsequently amended.

(b) A person shall not jet ski, surfboard, wind sail, windsurf, scuba dive, skin dive, or spear goggles dive in ocean parks

or, except as proved in (a) above, inland waters under the jurisdiction of the State Park Service without the approval of

the Superintendent or designee.

(c) (No change.)

SUBCHAPTER 6. CAMPING

7:2-6.1 Camping

39 N.J.R. 1701(a)

(a) A person shall not camp on any State Park Service property, except in areas designated and marked for that purpose

by the State Park Service.

(b) A person shall not camp without first having obtained a camping permit and site assignment unless otherwise posted

or directed by the Superintendent or designee. The camping permit fee pursuant to N.J.A.C. 7:2-17.2(a) shall be paid in

full and legal identification of the permittee shall be provided prior to issuance of the permit.

(c) A person under the age of 18 years shall not camp on State Park Service property except when accompanied by a

parent, guardian or other adult.

(d) Digging or leveling the ground at camping facilities is prohibited unless specifically authorized by the Superinten-

dent or designee.

(e) Campers shall keep their camping facilities clean and free of safety and fire hazards.

7:2-6.2 Camping facility occupancy limits

(a) Not more than six people shall occupy a camping facility, excluding group campsites and primitive campsites, unless

they are all members of one family. The Superintendent or designee may authorize a greater number of people for oc-

cupancy as conditions may warrant.

(b) No more than two vehicles of any type shall be parked at a camping facility, excluding a group campsite or a primi-

tive campsite. The Superintendent or designee may authorize a greater number as conditions may warrant.

(c) Vehicles in excess of the number permitted in (b) above shall be parked at parking areas designated by the Superin-

tendent or designee. The camper assumes responsibility for each vehicle parked.

7:2-6.3 Occupancy of camping facilities

(a) A camping facility is considered occupied when it is being used or has been reserved for purposes of camping by a

person or persons who have paid the camping permit fee pursuant to N.J.A.C. 7:2-17.2(a) within the applicable time

limits. A person shall not take possession or maintain possession of a camping facility when informed by a State Park

Service sign or employee that such site is occupied or reserved for occupancy.

(b) All camping facilities shall be occupied by the permittee as of the starting time and date indicated on the permit and

shall remain occupied by the permittee during the entire period of stay specified on the permit. Occupancy constitutes

the payment of the camping permit fee pursuant to N.J.A.C. 7:2-17.2(a), assignment of a site and the posting at the site

of the issued camping facility identification card. Wilderness campsites are exempt from the camping facility identifica-

tion card requirement (see N.J.A.C. 7:2-6.9).

7:2-6.4 Time limits; camping facility

(a) In order to afford the public the greatest possible use of the State Park Service camping facilities, continuous occu-

pancy by the same persons who have paid the camping permit fee of any camping facility is limited as follows:

1. A person or persons shall not occupy a camping facility for more than 14 consecutive nights.

2. A person or persons who have occupied a camping facility for an initial 14-night limit shall not re-register until seven

calendar nights have elapsed.

3. Additional camping shall be permitted in intervals up to, but no more than, seven calendar nights at a time with a

minimum of seven calendar nights required between each occupancy.

4. A group, family, or person shall not occupy any State Park Service camping facility for more than 40 nights in a ca-

lendar year.

39 N.J.R. 1701(a)

7:2-6.5 Removal of equipment and personal property

(a) Occupants shall vacate the camping facility by removing all their equipment and personal property prior to the end

of the permit period on the last day of assigned occupancy.

(b) The Superintendent or designee is authorized to inventory, remove and store for a period of 30 days or until the

owner is found, whichever is shorter, any and all equipment and personal property at a camping facility, which remains

at the camping facility at the end of the permit period, or which is being used in violation of this chapter or other State

law. Payment of a removal fee and storage fee pursuant to N.J.A.C. 7:2-17.2(d) shall be required from the owner before

the equipment and personal property is returned. Items not claimed within 30 days after they are removed from the

camping facility shall be disposed of in accordance with established State Park Service policy. The State Park Service

policy for the disposal of unclaimed articles shall be posted at each State Park.

7:2-6.6 Visitors in camping facilities

(a) Visitors are allowed in the camping facilities between the hours of 8:00 A.M. and 8:00 P.M. All visitors shall pay

the day user parking fee when applicable pursuant to N.J.A.C. 7:2-17.1. The total number of people at a camping facili-

ty, including campers and visitors, shall not exceed six, except at group campsites and primitive campsites.

(b) A visitor shall not be allowed in a camping facility between the hours of 8:00 P.M. and 8:00 A.M.

(c) The Superintendent or designee may extend or limit the visitation hours and number of visitors as conditions war-

rant.

7:2-6.7 Camping facilities reservation procedures

(a) Applications for reservations of camping facilities shall be submitted on forms available from the State Park Service,

or by telephone and paid in full by credit card.

(b) A reservation may be made by telephone and paid in full by credit card, between the hours of 8:00 A.M. and 4:00

P.M., for a campsite for use the same night.

(c) Applications shall be accepted up to 11 months in advance of the reservation start date. Except as set forth in (b)

above, reservations are not effective until confirmed in writing by the State Park Service. Reservations shall be con-

firmed on a first come first served basis subject to the availability of camping facilities on the dates for which reserva-

tions are requested.

(d) Each camping facility, except group campsites, as noted at (e) below, may be reserved for a minimum of two con-

secutive nights to a maximum of 14 nights, whenever camping facilities are available for public rental.

(e) Group campsites may be reserved for a maximum period of 14 nights.

(f) All applications for the reservation of camping facilities shall include full payment for the reserved period. The fees

are set forth in N.J.A.C. 7:2-17.2

(g) No more than two non-consecutive reservations for camping facilities and overnight facilities shall be in effect for

any group, family or person.

7:2-6.8 Cancellations and refunds

(a) Reservations for camping facilities may be cancelled. A minimum 24-hour notice for the cancellation of a reserva-

tion is required in order to receive a refund. A person may cancel a reservation by telephone, in writing, or in person. A

cancellation fee as set forth in N.J.A.C. 7:2-17.2(d) shall be deducted from any refund due.

39 N.J.R. 1701(a)

(b) (No change.)

7:2-6.9 Wilderness campsites

(a) (No change.)

(b) Everything carried into the wilderness campsite shall be carried out or placed in refuse containers, if provided.

7:2-6.10 Group campsites

(a) Group camping is restricted to areas specifically designated for this purpose.

(b) A camping group is defined as a minimum of seven persons with the maximum limit determined by the Superinten-

dent or designee.

(c) If group campsites are not available during the period November 1 to March 31, groups may use up to 50 percent of

the available family campsites at a State Park, provided there is at least one adult per site, family campsite rates are paid

and the limitation of six persons per site is not exceeded.

7:2-6.11 Group camper requirements

(a) All groups of campers under 18 years of age shall have a minimum of one adult 18 years of age or older for each

nine campers under 18 years of age in the group.

(b) The adult(s) accompanying group campers under 18 years of age shall be required to supply a roster of campers un-

der 18 years of age to the Superintendent or designee upon request. The roster shall include each camper's name, ad-

dress, age and the home phone number of the camper's parent or legal guardian.

7:2-6.12 Emergency transportation for group camping

The adult(s) accompanying group campers under 18 years of age shall have sufficient transportation on site to transport

the entire group in one trip in the event of an emergency.

7:2-6.13 Emergency camping

The Superintendent or designee may permit emergency camping overnight for one night only in a designated area when

extreme conditions warrant. Persons permitted emergency camping shall leave by 8:00 A.M. the following morning and

shall be charged the campsite fee pursuant to N.J.A.C. 7:2-17.2(a).

7:2-6.14 Abuse of State Park Service camping facilities

(a) State Park Service camping facilities are not for the use of persons or groups as a primary or secondary dwelling or

as a mailing address.

(b) (No change.)

(c) Superintendents or designees are authorized to limit or prohibit all camping or any other overnight use which, in

their judgment, is contrary to the intended use stated in (a) above.

SUBCHAPTER 7. OVERNIGHT FACILITIES USE

7:2-7.1 Overnight facilities

(a) A person shall not occupy any overnight facility without a permit or the approval of the Superintendent or designee.

39 N.J.R. 1701(a)

(b) A person under the age of 18 years shall not occupy any overnight facility except when accompanied by a parent,

guardian or other adult.

(c) The Superintendent or designee is authorized to inventory, remove and store for a period of 30 days or until the

owner is found, whichever is shorter, any and all equipment and personal property in an overnight facility which re-

mains at the overnight facility at the end of the permit period or which is being used in violation of this chapter or any

other State law. Payment of a removal fee and a storage fee pursuant to N.J.A.C. 7:2-17.2(d) shall be required from the

owner before the equipment and personal property is returned. Items not claimed within 30 days after they are removed

from the overnight facility shall be disposed of in accordance with established State Park Service policy. The State Park

Service policy for the disposal of unclaimed articles shall be posted at each State Park.

7:2-7.2 Overnight facilities reservation procedures

(a) Reservations of overnight facilities shall be submitted on forms available from the State Park Service, or by tele-

phone and paid in full by credit card.

(b) Applications shall be accepted up to 11 months in advance of the reservation start date. Reservations are not effec-

tive until confirmed in writing by the State Park Service. Reservations shall be confirmed on a first come first served

basis subject to the availability of overnight facilities on the dates for which reservations are requested.

(c) Reservations for cabin facilities for the use period from the Saturday of Memorial Day weekend through and includ-

ing Labor Day shall be accepted only for seven consecutive nights or 14 consecutive nights.

(d) Reservations for cabin facilities for the use periods from the day after Labor Day to October 31st and from April 1st

to the Friday prior to Memorial Day Weekend shall be accepted for a minimum of two consecutive nights to a maxi-

mum of 14 consecutive nights.

(e) Reservations for overnight facilities other than cabins shall be accepted for a minimum of two consecutive nights to

a maximum of 14 consecutive nights, subject to the seasonal availability of the facilities at individual parks.

(f) When overnight facilities become available for any reason, they may be made available to the general public up to a

maximum of 14 nights as directed by the Superintendent or designee.

(g) (No change in text.)

(h) A separate application shall be filed for each overnight facility and period desired.

(i) No more than two non-consecutive reservations for overnight facilities and camping facilities shall be in effect for

any group, family or person.

(j) A group, family, or person shall not occupy any State Park Service overnight facility for more than 40 nights in a

calendar year.

(k) Full payment for the reserved period requested shall accompany the reservation application.

7:2-7.3 Cancellation and refunds

(a) Reservations for designated State Park Service overnight facilities may be cancelled. A minimum 24-hour notice for

the cancellation of a reservation is required in order to receive a refund. A person may cancel a reservation by tele-

phone, in writing, or in person. A cancellation fee as set forth in N.J.A.C. 7:2-17.2(d) shall be deducted from any refund

due.

(b) Refunds shall not be made to persons evicted as a result of a violation of this chapter or other State law.

7:2-7.4 Visitors in overnight facilities

39 N.J.R. 1701(a)

(a) Visitors are allowed in overnight facilities between the hours of 8:00 A.M. and 8:00 P.M. All visitors shall pay the

normal day user parking fee when applicable pursuant to N.J.A.C. 7:2-17.1. The total number of people at an overnight

facility, including campers and visitors, shall not exceed the designated occupancy of the overnight facility.

(b) A visitor shall not be allowed in overnight facilities between the hours of 8:00 P.M. and 8:00 A.M.

(c) The Superintendent or designee may extend or limit the visitation hours and number of visitors as conditions war-

rant.



(a) (No change.)

(b) A person shall not launch or beach a boat, canoe or other vessel or weigh anchor or cast off when the Superintendent

or designee has, by posting or verbal direction, prohibited the same.

7:2-8.3 Powerboat size restrictions

(a) Powerboats, where permitted on non-tidal waters, may temporarily be further restricted as to maximum horsepower

and minimum and maximum boat length, such restrictions being determined by the Superintendent or designee based on

use and safety factors.

(b) (No change.)

7:2-8.6 Boating near swimming areas

(a) A person shall not operate a power boat, sailboat or sail board within 200 feet of a designated swimming area.

(b) A person shall not operate human powered slow moving watercraft such as rowboats, pedal boats, canoes, surf-

boards, or any other water borne mechanisms meeting this definition within 50 feet of a designated swimming area.

7:2-8.7 Swimming and diving from objects, scuba diving, and skin diving

(a) A person shall not swim or dive from a pier, catwalk, bridge or tower on lands comprising part of a State Park and

administered by the State Park Service for public recreation and/or conservation purposes or from any vessel on waters

under the jurisdiction of the State Park Service without written approval by the Superintendent or designee.

(b) (No change.)

7:2-8.8 Round Valley and Spruce Run wind speed notification systems


(c) A person shall not continue boating activities on the Round Valley or Spruce Run Reservoirs when verbally directed

to discontinue boating activities by the Superintendent or designee or any employee authorized by the Superintendent or

designee to issue such warnings.



through October 31. Fees shall be charged pursuant to N.J.A.C. 7:2-17.1(g) and non-transferable decals shall be as-

39 N.J.R. 1701(a)

signed for this use. Decals shall be permanently affixed to the boat registered for storage as directed by the Superinten-

dent or designee.

(b)-(d) (No change.)



(c) Ice boating and ice yachting shall be allowed on the waters described in (a) above and designated and posted under

(b) above provided individual use complies with the following:

1.-3. (No change.)

4. Masts or riggings and any attachments thereto, may be restricted by the Superintendent or designee or by any em-

ployee authorized by the Superintendent or designee to issue such restrictions as determined by use or public safety.

7:2-8.11 Towing behind boats

A person shall not water ski, aquaplane or tow surf boards in non-tidal waters under the jurisdiction of the State Park

Service except on Lake Hopatcong, Lake Musconetcong, Greenwood Lake and Cranberry Lake without the written ap-

proval of the Superintendent or designee.

7:2-8.17 Obeying orders

A vessel shall not fail to stop when ordered to do so by any State Park Service law enforcement officer or other State

Park Service employee authorized by the Superintendent or designee.

7:2-8.19 Vessel use restrictions

The use of boats, canoes and vessels of all types on the waters under the jurisdiction or control of the State Park Service

shall be prohibited by the Superintendent or designee whenever the safety, health or welfare of the public so dictates.

7:2-8.24 Lake Hopatcong Dock Restrictions


(c) Prior to the construction of any new dock or the replacement, expansion or extension of any dock in the waters of

Lake Hopatcong, the owner of the dock shall submit to the Superintendent or designee at Lake Hopatcong State Park a

written notification of intent to construct. The notification of intent to construct shall include the following:

1.-3. (No change.)

(d) Upon receipt by the Superintendent or designee of a complete notification of intent to construct under (c) above, the

Superintendent or designee shall have a period of 45 days to review the notification and approve the construction of any

new dock or the replacement, expansion or extension of any dock in the waters of Lake Hopatcong based upon a deter-

mination that:

1.-2. (No change.)

SUBCHAPTER 9. DAY USE GROUP

7:2-9.2 Failure to make a reservation

(a) (No change.)

39 N.J.R. 1701(a)

(b) The Superintendent or designee may temporarily waive day use group reservation requirements when field condi-

tions dictate.

(c) (No change.)

7:2-9.4 Group leader

Each day use group making reservations for visitation shall designate one responsible adult, 18 years of age or older, as

group leader and his or her name and address shall be furnished to the Superintendent or designee upon arrival.

7:2-9.5 Day use group roster

(a) All day groups shall have available during the use or visit, and may, prior to the commencement of the use or visit,

be required to supply a roster to the Superintendent or designee. The roster shall contain the following information:

1.-3. (No change.)

(b) Failure to supply the roster required in (a) above upon request by the Superintendent or designee may be cause for

refusing the group's admittance to, or removal of the group from, the park, forest, recreation area, historic site, marina,

or natural area.

7:2-9.6 Buses transporting day use groups

(a) All buses transporting day use groups shall remain at a parking location designated by the Superintendent or desig-

nee for the entire period the group is present at the facility.

(b) Drivers of buses transporting day use groups shall remain in the immediate day use area at all times and are not to

leave the area without specific approval of the Superintendent or designee.


(a) (No change.)

(b) The number of people in any group using a group picnicking facility shall not exceed the capacity of the facility

without first obtaining the approval of the Superintendent or designee and upon such conditions that the Superintendent

or designee may reasonably require to assure public safety and protection of State-owned property.

(c) (No change.)

(d) The Superintendent or designee shall post a sign at each group picnicking facility indicating that the facility has been

reserved and the name of the group.

(e) (No change.)

7:2-9.8 Group use of facilities on weekends and holidays

(a) (No change.)

(b) The Superintendent or designee may temporarily authorize weekend or holiday day group use only when facility and

staffing requirements allow.

SUBCHAPTER 10. GOLF COURSES

7:2-10.1 Local rules

39 N.J.R. 1701(a)

(a) The use of caddies is not permitted except by specific approval of the Superintendent or designee.

(b) (No change.)

(c) Spectators are not permitted on the golf course. The Superintendent or designee may temporarily waive this rule for

tournament play or for unusual circumstances.

*[(e)]* *(d)* All players shall have and use a golf bag with sufficient clubs to play the game including at least a driver

or wood, irons, and a putter.

*[(f)]* *(e)* (No change.)

*[(g)]* *(f)* Beverage or food coolers of any type are prohibited on the course. If conditions warrant, the Superinten-

dent or designee may suspend this prohibition.

*[(h)]* *(g)* (No change.)

*[(i)]* *(h)* Players shall be no less than eight years old to play on the golf course.

*[(j)]* *(i)* An adult shall accompany a player aged eight to 12.

*[(k)]* *(j)* Golf and golf-related activities are the only activities permitted on the golf course. All other recreational

activities are prohibited.

*[(l)]* *(k)* The Superintendent or designee may, with the approval of the Director of the Division of Parks and Fore-

stry or designee, establish policies and procedures to govern play on the golf course.

7:2-10.2 Reservations-golf course

(a) Golf course reservations are on a first-come, first-serve basis. Reservations may be made seven days in advance by

telephone or in person. With the approval of the Director of the Division of Parks and Forestry or designee, the Super-

intendent or designee may increase the advance reservation period from seven days to a maximum of 14 days.

(b) Golf tournament reservations can be made in advance with the issuance of a Golf Tournament Permit to the tourna-

ment organizer.

7:2-10.4 United States Golf Association and local rules

Local rules at N.J.A.C. 7:2-10.1, and United States Golf Association rules shall govern all play. The local rules in ac-

cordance with N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or designee in

accordance with N.J.A.C. 7:2-10.1*[(l)]* *(k)*) shall be posted in the Pro Shop at the golf course.

7:2-10.5 Golf tournaments

Golf tournaments shall be conducted in accordance with the accepted standards of golf, the local rules for the golf

course under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or designee in ac-

cordance with N.J.A.C. 7:2-10.1*[(l)]* *(k)*) and in accordance with the Tournament Rules and Regulations printed on

the Golf Tournament Permit issued under N.J.A.C. 7:2-10.2(b) to the organizer of the tournament.

7:2-10.6 School team practice and matches

A school golf team or members of a school golf team may use the golf course in accordance with the local rules for the

golf course under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or designee in

accordance with N.J.A.C. 7:2-10.1*[(l)]* *(k)*).

39 N.J.R. 1701(a)

7:2-10.8 Golf etiquette

Each golfer shall follow the rules established by the United States Golf Association, and local rules for the golf course

under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or designee in accordance

with N.J.A.C. 7:2-10.1*[(l)]* *(k)*).

SUBCHAPTER 12. HIKING TRAILS

7:2-12.3 Hiking trail restrictions


(g) All pets shall be caged or held on a leash and under the immediate control of the owner at all times.

(h)-(i) (No change.)

7:2-12.5 Hiker camping


(e) Maximum occupancy for each hiker campsite may be limited or expanded by the Superintendent or designee as con-

ditions warrant.



(a) (No change.)

(b) Applications for a berth permit shall be submitted on forms available from the State Park Service and shall be ac-

cepted year-round at the marina office at the specific State marina in which a berth permit is requested. All berth permit

applications shall be:

1. (No change.)

2. Accepted in the name of an individual(s) only. No application shall be accepted in the name of a corporation or part-

nership;

3. (No change.)

4. Except for the Senator Frank S. Farley State Marina, accompanied by a New Jersey drivers license as proof of resi-

dency when the applicant claims to be a New Jersey resident.

i. If an applicant claiming to be a New Jersey resident demonstrates to the satisfaction of the Superintendent or designee

that the applicant does not have a New Jersey drivers license for good and sufficient reason, the State Park Service re-

serves the right to require other proofs that the applicant is a resident of New Jersey.

(c) (No change.)

(d) Each applicant must annually confirm that the applicant wants to remain on the applicant waiting list. Confirmation

shall be made at the marina office. The applicant must provide the State Park Service with a signed confirmation that he

or she wants to remain on the waiting list. The applicant shall deliver the signed confirmation in person to the marina

office, or mail the signed confirmation by United States Postal Service, post marked no later than January 31, to the

marina office. If the signed confirmation is mailed, it must include a self addressed envelope, postage prepaid. A tele-

39 N.J.R. 1701(a)

phone call will not be accepted. Failure to notify the marina office as above provided shall result in cancellation of the

application and removal of the applicant from the waiting list.



(a) (No change.)


procedure.

1. All summer berth permittees of record on October 31 shall be given an opportunity to renew their berth permit for the

same size berth for the next summer season. A summer berth permit renewal form shall be forwarded to each permittee

of record during the first week of November of the year preceding the permit period year or as soon thereafter as possi-

ble.

2. On or before December 31 of the year preceding the permit year, the permittee of record shall return the following to

the marina office:

i.-iv. (No change.)

3. If the permittee of record does not return the documents and payment in full on or before December 31 as required in

(b)2 above, the State Park Service shall on the first business day after the due date or as soon as possible thereafter give

the permittee of record written notice by certified mail return receipt requested, to return the documents and payment to

the marina office within 10 working days after the date of the notice.

4. (No change.)


(f) At the Leonardo and the Forked River State Marinas, berth permits for the winter season from November 1 to March

31 shall, in addition to the applicable provisions of this chapter, be issued subject to the following conditions:

1. Vessels occupying a winter berth shall have electricity available each weekend during the winter season from 4:00

P.M. Friday to 8:00 A.M. Monday. The use of electricity during any other period during the winter season shall be by

the prior approval of the Superintendent or designee.

2. The use of a thermostatically controlled de-icing system is subject to the prior approval of the Superintendent or de-

signee. Permittees shall place the de-icing unit in a location on the vessel that is in full view by marina personnel. The

period of operation of de-icing units shall be determined by the Superintendent or designee based on weather condi-

tions.

(g) Berth permits shall not be issued for the following purposes:

1.-2. (No change.)

3. Use as a watersport activity center such as water skiing, parasailing or use of personal watercraft;

4.-5. (No change.)

(h) (No change.)

7:2-13.4 Berth assignment

39 N.J.R. 1701(a)


(c) Berth assignments are made by the Superintendent or designee.

(d) Transient berth assignments shall be available on a first come first served basis and shall be available on a monthly

or daily basis at the discretion of the Superintendent or designee subject to the following conditions:

1.-3. (No change.)

(e) (No change.)

7:2-13.5 Berth reassignment

(a) The reassignment of berths within a State marina shall be made in accordance with the following procedures:

1. Reassignment shall be made only by the Superintendent or designee.

2. In the event of the death of the permittee of record, the berth which is the subject of the permit, may be assigned by

the Superintendent or designee to the spouse of the deceased permittee of record.

3. A permittee of record shall be allowed to assign the rights granted under the permit subject to the following condi-

tions:

i. The permittee of record shall submit a written request for subletting to the Superintendent or designee;

ii. The sublease shall be limited to a period not to exceed the annual or summer berthing season for which the assigned

permit was issued;

iii. The sublease shall be administered solely by the Superintendent or designee of the marina containing the affected

berth;

iv. A sublessee shall be obtained by the Superintendent or designee from the application list for the berth category in-

volved, beginning at the top of the list and continuing numerically, until the berth is reassigned;

v. The permittee of record shall be liable for all fees to the end of the month in which berth sublease is finalized;

vi. (No change.)

vii. No berth sublease shall be considered unless payment, for the affected period, in full has been provided by the per-

mittee of record;

viii. A berth shall not be sublet if the permittee of record is in his first year of occupancy;

ix. Berth sublease requests for an annual or summer berth permit shall not be honored if received after June 30th;

x. Berth sublease requests for a winter berth permit shall not be honored;

xi. A permittee of record may sublet a berth only one time during the term of his or her permit; and

xii. A sublessee may not further sublet his or her berth.


(a) (No change.)

39 N.J.R. 1701(a)

(b) Fuel tanks shall be filled only at the marina fuel station. Draining, cleaning and/or removal of fuel tanks and/or the

use of gasoline or other flammable solvent as a cleaning agent is prohibited within the marina boundaries. The use or

storage of a portable gas can for fueling within the marina boundaries is prohibited.


(e) Boat alterations or repairs shall not be undertaken while a boat is on marina property without specific permission

from the Superintendent or designee.

(f) Additions or alterations shall not be made to piers, walkways or other marina property without the written consent of

the Superintendent or designee.

(g)-(k) (No change.)

(l) All personal property, lines and gear shall be removed from marina piers and property at the expiration of the permit

period. The Superintendent or designee is authorized to inventory, remove and store for a period of 90 days or until the

owner is found, whichever is shorter, any and all equipment and personal property from marina piers and property at the

expiration of the permit period or which is being used in violation of this chapter or any other applicable law. Payment

of a removal fee and storage fee pursuant to N.J.A.C. 7:2-17.2(d) shall be required from the owner before the equipment

and personal property is returned. Items not claimed within 90 days after they are removed from the pier shall be dis-

posed of in accordance with established State Park Service policy.

(m)-(o) (No change.)

(p) Any condition on a vessel or any premises used by the permittee and comprising part of the marina declared to be a

fire or safety hazard by the Superintendent or designee shall be corrected immediately by the permittee.

(q) Only berth permittees and their guests are permitted marina access between the hours of 10:00 P.M. and 8:00 A.M.

(r) (No change.)

(s) A berth permittee shall advise the Superintendent or designee whenever a vessel will be out of the marina for a pe-

riod of 48 hours or more. When a berth will be vacant for 48 hours or more, the State Park Service may utilize the berth

for any purpose it deems appropriate without reimbursement to the permittee of record.

(t)-(v) (No change.)

(w) Unattended property that interferes with public safety, orderly management of the marina or presents a threat to the

resources may be impounded and stored by the Superintendent or designee. After 90 days, unclaimed articles may be

disposed of in accordance with established State Park Service policy.

(x) Dock boxes shall be installed only with the prior approval of the Superintendent or designee.





1. (No change.)

2. An approved permit, decal or placard for which the proper fee has been fully paid as provided in N.J.A.C. 7:2-17.3(d)

is displayed on or from the MSFV as directed by the Superintendent or designee when on Island Beach State Park.

39 N.J.R. 1701(a)

(b)-(e) (No change.)

(f) The Superintendent or designee may limit the number of three-day MSFV permits which may be in effect at any one

time. Three-day permits expire at midnight on the third full day after the day of issue. Three-day permits may be re-

newed only after a 24-hour waiting period.

(g) The number of MSFVs on the open beach at any one time, whether three-day or annual, may be limited by the Su-

perintendent or designee in the interest of safety or responsible management of the resource.

7:2-16.3 Surf fishing

(a) Surf fishing is permitted only on the ocean side of Island Beach State Park in specifically designated areas approved

by the Superintendent or designee. An annual surf fishing permit shall be issued upon:

1.-2. (No change.)


7:2-16.5 Island Beach State Park


(c) During the hours from 12:00 midnight to 4:00 A.M., all persons on the beach shall be actively engaged in surf fish-

ing. MSFV permit holders not fishing may park and remain in designated MSFV parking locations posted or directed by

the Superintendent or designee. All others shall leave the park as soon as they stop surf fishing.

7:2-16.6 MSFV suspension

(a) The Superintendent or designee may suspend for up to 90 days the MSFV permit of any person found in violation of

any law including this chapter.

(b) (No change.)



(a) (No change.)

(b) At Island Beach State Park, for the period commencing on the day after Labor Day and ending on the day before

Memorial Day Weekend, the daily day use parking fees are as follows:

Vehicle Fee

------- ---

1. Automobile $5.00

2. Motorcycle $5.00

3. Bus (out-of-State groups) $105.00/bus

4. Bus (in-State groups) $55.00/bus


(f) The daily or annual launch ramp fee at designated State parks and marinas are as follows:

39 N.J.R. 1701(a)

Area Daily Fee Annual Fee

---- --------- ----------

1.-2. (No change.)

3. Corson's Inlet (beginning on Memorial $10.00/launch $55.00

Day weekend and ending on Labor Day

inclusive)

4. Mullica River (beginning on Memorial $10.00/launch $55.00

Day Weekend and ending on Labor Day

inclusive)

5. Hopatcong State Park (beginning on $10.00/launch $55.00

April 1 and ending on the Friday before

Memorial Day Weekend, and beginning the day

after Labor Day and ending on October 31)

(g)-(i) (No change.)


Type Fee

----- ---

1. Green Fees

i.-ii. (No change.)

iii. Senior Citizens (New Jersey Residents--Age 62 $18.00

and over) (weekdays only)

iv.-v. (No change.)

2.-3. (No change.)

(k)-(l) (No change.)

(m) Fees for the Batsto Historic Tour are as follows:

Age (years) Fee

----------- ----

1. Six to 11 $1.00/person

2. 12 and above $2.00/person.


39 N.J.R. 1701(a)

(a) Camping and overnight facilities permit fees shall be as follows:

Type Fee

---- ---

1.-6. (No change.)

7. Primitive campsites $2.00/person per night

(b) Camping facility permits issued to any New Jersey resident who is 62 or more years of age or is totally disabled

shall receive a $ 2.00 per night reduction from the family campsite rates in (a)2 above.

(c) (No change.)

(d) Miscellaneous camping and overnight facilities fees:

Type Fee

---- ----

1. Cancellation fee $40.00 or two nights stay,

whichever is less

2.-4 (No change.)

7:2-17.3 Miscellaneous fees for services and facilities when and where provided by the State Park Service


(e) Miscellaneous fees for services and facilities provided by the State Park Service at Wharton State Forest are as fol-

lows:

1. Batsto Auditorium Fee $150.00/day, plus staff costs


(a) (No change.)



Season Fee

------ ----

i. Summer (April 1 to October 31) $65.00/ft length overall**

(Minimum Fee Based on Applicable

Berth Length)





platform(s).

39 N.J.R. 1701(a)

ii. (No change.)

2.-3. (No change.)

(c) Fees for services and facilities provided by the State Park Service at the marina in South Seaside Park, Berkeley



Season Fee

------- ----

i. Summer (April 1 to October 31) $75.00/ft. *

*This fee shall be based on the designated size of each boat slip. Any boat

with an overall length that exceeds the designated size of the boat slip

shall pay a boat slip fee based on the overall boat length at the rate


platform(s).


i. $ 2.00/ft. length overall, per day based on the availability of berths

(d) (No change in text.)

7:2-17.6 Fees for facilities or services not otherwise identified

(a) The fee for facilities or services for newly constructed or acquired facilities or facilities newly placed under the ad-

ministration of the State Parks Service, or newly provided services at existing facilities, shall be the fees for similar fa-

cilities or services charged at the nearest State park at which similar facilities or services are provided, as determined by

the Department. Such fees shall continue to be charged, subject to adjustment as provided in N.J.A.C. 7:2-17.5, until

such time as the Department adopts a specific fee schedule for such facilities or services.

(b) The Department shall publish notice of the fee in the New Jersey Register, and at the facility at issue.

7:2-17.7 Sales tax

The fees set forth in this subchapter do not include applicable sales tax. Applicable sales tax, if any, shall be posted with

the fee schedule at the point of sale.

7 of 22 DOCUMENTS

NEW JERSEY REGISTER


38 N.J.R. 4779(a)

VOLUME 38, ISSUE 22

ISSUE DATE: NOVEMBER 20, 2006

RULE PROPOSALS



38 N.J.R. 4779(a)

Proposed Readoption with Amendments: N.J.A.C. 7:2

Proposed New Rules: N.J.A.C. 7:2-17.6 and 17.7

Proposed Repeals and New Rules: N.J.A.C. 7:2-10.6 and 10.8



Authorized By: Lisa P. Jackson, Commissioner, Department of Environmental Protection.


Calendar Reference: See Summary below for explanation of exception to calendar requirement.



Submit comments by January 19, 2007 to:

Alice A. Previte, Esq.

Attention: DEP Docket Number 21-06-10/537



P.O. Box 402


The Department of Environmental Protection (Department) requests that commenters submit comments on disk or

CD as well as on paper. Submittal of a disk or CD is not a requirement. The Department prefers Microsoft Word 6.0 or

above. Macintosh formats should not be used. Each comment should be identified by the applicable N.J.A.C. citation,

with the commenter's name and affiliation following the comment.


Summary

Since the Department has provided a 60-day comment period on this proposal, the proposal is excepted from the

rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

The State Park Service Code, N.J.A.C. 7:2, was scheduled to expire on October 17, 2006, pursuant to the provi-

sions of Executive Order No. 66 (1978)/ N.J.S.A. 52:14B-5.1. The expiration date was extended by 180 days to April

15, 2007, pursuant to N.J.S.A. 52:14B-5.1c, as a result of the timely filing of this proposal to readopt the rules with

amendments. These rules govern the administration, operation, management and use of State parks, forests, recreation

38 N.J.R. 4779(a)

areas, historic sites, natural areas, marinas, a golf course, botanical gardens and other land, waters and facilities under

the jurisdiction of the Department and assigned to the State Park Service in the Division of Parks and Forestry.

The Department has reviewed these rules and has determined them to be necessary, reasonable and proper for the

purposes for which they were originally promulgated. In its review, the Department determined that amendments to the

rules are necessary to update requirements and procedures for State Park Service administered areas.

The following is a summary of each subchapter contained in N.J.A.C. 7:2, including a description of the amend-

ments that are being proposed.

Subchapter 1. General Provisions

Subchapter 1, General Provisions, establishes the scope of the chapter, the rules of construction, and the definitions

of terms used in the chapter. The Department proposes to amend N.J.A.C. 7:2-1.7 to reflect current terminology used

by the State Park Service. Added to the "ATV" definition are the words "registered with the New Jersey Motor Vehicle

Commission or not registered" after "motor vehicle," in order that the definition encompasses all ATVs. Technical spe-

cifications regarding ATVs are being removed, since the Department does not intend the definition to be limited to ve-

hicles with gasoline engines, or of a certain engine size.

The Department is proposing to amend the definition of bicycle to make it include all types of bicycles. Similarly,

the proposed amended definition of "boat" more accurately reflects the types of boats that the public uses at the State's

parks. The existing rules limited "boat" to small open vessels. The proposed definition includes closed vessels or water

craft, and does not limit the size to "small."

A definition of "camper" is being proposed in order to distinguish between a park visitor and a camper who is in

possession of a valid camping permit. The proposed amended rules distinguish between categories of people who visit

and use the parks, such as in amendments to N.J.A.C. 7:2-6.6 where visitors must leave a park by a certain hour.

The Department is proposing a definition of "camping facility" to encompass all of the State Park Service desig-

nated campsites, including family campsites, wilderness campsites, group campsites, and primitive campsites. Wherever

these various terms appear in the existing rules they are replaced with the new term.

The Department proposes to amend "designated bathing area" to say "designated swimming area," instead. Whe-

rever "designated bathing area," "bathing area" or "bathing beach" is used in the existing rules, the term is replaced with

"designated swimming area," "swimming area" or "swimming beach."

The Department is proposing to amend the definition of "facilities" to make it clear that it applies to any individual

resource, as well as a combination of resources. Additionally, because the Department not only utilizes its resources, but

also preserves them, the amended definition includes the word "preserved."

The definition of "family" is proposed to be amended to reflect a more accurate description of today's households.

Many households do not consist of a mother, father and children, but encompass different combinations of related indi-

viduals.

The Department is proposing a new definition of "law enforcement personnel" to reflect the title changes that were

made in accordance with P.L. 2005, c. 216, which authorized the Commissioner of Personnel to establish and assign,

and, where necessary, abolish, consolidate or reassign, the ranks and titles governing the position of State park ranger to

ranks and titles appropriate to the position of State park police officer. The titles of these employees are being changed

from Chief Ranger, Ranger, and Ranger Trainee to State Park Police Lieutenant, State Park Police Sergeant, and State

Park Police Officer.

The definition of "motorized bicycle" is being amended to more accurately describe the nature of this type of

transportation. The previous discussion of "motor" and "horsepower" are outdated.

The terms "Officer-in-Charge" and "area Officer-in-Charge" are being deleted from the rules, as they are no longer

in use by the State Park Service. Wherever one of these terms is used in the existing rules, it is replaced with either

"Superintendent or designee" or "Superintendent." The Department is also proposing a definition for the term "Superin-

tendent."

The Department is proposing to amend the definition of "permit" to more accurately define what a permit entails.

The existing definition described the process of obtaining the permit instead of the permit document.

38 N.J.R. 4779(a)

A definition of "pet" is proposed. The undefined term is used in the existing rules, along with "furred animal." The

Department proposes to delete the term "furred animal," and refer only to "pet." The Department intends that the pro-

posed term include any mammal, bird, reptile or amphibian kept for pleasure, rather than for utility, whether or not

furred.

The definition of "sailboat" is proposed to be amended to more accurately define the type of watercraft, having its

"main," rather than "sole," source of propulsion being the natural elements (wind).

The Department is proposing a definition of "service animal" to describe the many different types of animals

trained for this purpose. This term is inserted in the rules wherever "seeing eye, companion dogs" appears in the existing

rules.

The proposed amended definition of "special event" would no longer include the words "motor vehicle," because a

special event held within a State park or forest does not necessarily involve a motor vehicle. The existing definition is

too restrictive and is being changed to reflect the diverse special events that occur within State parks and forests.

The Department is proposing to amend the definition of "vessel" to accurately reflect the equipment that the public

uses in the parks. The word "watercraft" is being deleted and the phrase "powerboat or personal watercraft" is being

added. The phrase "as a means of transportation" is being deleted, because some watercraft that can be used in the parks

are not necessarily appropriate for transportation.

The Department is proposing to define "visitor" in order to distinguish and identify park visitors from park em-

ployees, volunteers or campers. This distinction is discussed above, with regard to the proposed new definition of

"camper."

A proposed definition for yurt is being added, as this new facility has recently been constructed within several State

parks and forests and is now available to the public as an overnight facility.

Subchapter 2. General Use

Subchapter 2, General Use, sets forth the purpose of the State Park Code and the powers of the State Park Service.

It also delineates the various uses and activities permitted and those that are prohibited in State parks, forests, recreation

areas, natural areas, historic sites, marinas, golf courses, botanical gardens and other lands, waters and facilities under

the jurisdiction of the State Park Service. The Department proposes to readopt the subchapter with amendments to insert

new terms and replace obsolete ones. The Department is also amending the subchapter to replace the word "permits"

with "a permit," as appropriate.

Subchapter 3. Motorized Vehicles

Subchapter 3, Motorized Vehicles, sets forth the restrictions on the use of motorized vehicles, snowmobiles and

motorized bicycles on lands and waters under the jurisdiction of the State Park Service. The Department proposes to

readopt the subchapter with amendments to insert new terms and replace obsolete ones.

Subchapter 4 is reserved.

Subchapter 5. Ocean Parks and Inland Parks Beach Restrictions

Subchapter 5, Ocean Parks and Inland Parks Beach Restrictions, sets forth the restrictions on specific uses and ac-

tivities conducted in ocean parks and inland park beaches under the jurisdiction of the State Park Service. The Depart-

ment proposes to readopt the subchapter with amendments to insert new terms and replace obsolete ones.

Subchapter 6. Camping

Subchapter 6, Camping, sets forth the restrictions on camping on lands under the jurisdiction of the State Park Ser-

vice and establishes the procedure for obtaining a camping permit. The Department proposes to readopt the subchapter

with amendments to insert new terms and replace obsolete ones, and make grammatical corrections. The Department

also proposes to amend N.J.A.C. 7:2-6.1(a) by deleting "or" and adding "and." Any location that has been designated

for camping is clearly marked as such. Accordingly, "and" is the appropriate term.

38 N.J.R. 4779(a)

The Department proposes to amend N.J.A.C. 7:2-6.1(b) to make it clear that a camper must have both a permit

and an assigned site, unless otherwise directed, in order to camp at a State Park Service property, and he or she must

provide "legal" (changed from "positive") identification in order to obtain a permit.

At N.J.A.C. 7:2-6.1(c), the Department proposes to delete the word "responsible" before "adult," because State

Park Service staff are not able to determine whether an adult accompanying someone under the age of 18 years of age is

responsible for that person's care, or merely an adult accompanying the juvenile.

The Department proposes to delete N.J.A.C. 7:2-6.1(d) and recodify subsections N.J.A.C. 7:2-6.1(e) and (f) as

(d) and (e), respectively. Existing subsection (d) is redundant, inasmuch as existing subsection (a) prohibits camping

outside a designated camping area. At proposed N.J.A.C. 7:2-6.1(e), the Department proposes to delete "area" and

replace it with "facilities," because campers are expected to keep all camping facilities clean and free from hazards, not

just their designated camping site. Also, the Department proposes to replace the word "or" with "and," because campers

are expected to keep the camping facilities safe from both safety and fire hazards, not one or the other.

The Department proposes to amend N.J.A.C. 7:2-6.2(a) to clarify that if conditions warrant, the Superintendent

may allow more than six people to occupy a campsite not designated for groups. For example, proposed amended

N.J.A.C. 7:2-6.10(c) allows groups to occupy some family campsites if group campsites are not available.

The Department is proposing to amend N.J.A.C. 7:2-6.2(b) to clarify that more than two vehicles are allowed at a

group campsite, although not at other camping facilities. It is necessary, in accordance with proposed amended

N.J.A.C. 7:2-6.12, that groups that include campers under 18 years old have on site sufficient transportation to transport

the entire group. This could require more than two vehicles. This restriction is necessary because of the close proximity

of each camping facility, and the lack of parking space within the designated camping areas.

At N.J.A.C. 7:2-6.2(c), the Department proposes to replace the word "liability" with "responsibility." The camper

is responsible for the vehicles parked at designated parking areas, but the Department does not intend to impose legal

liability, although it may exist.

The Department proposes to amend N.J.A.C. 7:2-6.4(a) to make it clear that the time limits apply to the persons

covered by the camping permit, not to the equipment that the people place at the camping facility. For example, the

people cannot merely change camping equipment and remain on the site for more than the 14 consecutive day limit.

At N.J.A.C. 7:2-6.4(a)3, the Department proposes to add the word "calendar" before "nights" to make the first and

last portions of the paragraph consistent. It also proposes to delete the term "out-time." The term is not necessary to

convey the rule's requirement that seven calendar nights must pass between camping intervals. Proposed amended para-

graph (a)3 parallels paragraph (a)2 of the existing rule, which does not include the term "out-time."

At N.J.A.C. 7:2-6.4(a)4, the Department proposes an amendment to make it clear that the maximum number of

nights any group, family or person may reserve at a State Park Service camping facility shall not exceed 40 nights in a

calendar year. This restriction is necessary to ensure that individuals do not utilize State Park Service camping facilities

as their primary or secondary dwelling, or as a mailing address. The State Park Service camping system was designed

and developed to provide a quality outdoor recreational experience to the maximum number of people possible. That

purpose could be defeated if some people make excessive use of the camping facilities.

The Department proposes to amend N.J.A.C. 7:2-6.5(a) to change the deadline for a camper to remove his or her

equipment and personal property from a camping facility from noon to the end of the permit period. It is necessary to

use the term "end of the permit period," because the hour that the permit period ends may differ among State parks or

forest camping facilities.

The Department proposes to amend N.J.A.C. 7:2-6.5(b) by decreasing the number of days the Department must

store any equipment that a camper leaves at a camping facility after the camping permit ends. Under the existing rule,

the Department stores equipment for 90 days. Under the proposed amendment, the storage time would be reduced to 30

days. The Department is also proposing to begin the 30-day period from the end of the permit period for the camping

facility, rather than 24 hours after the owner of the equipment and personal property has not occupied the camping facil-

ity. The Department does not have space to store equipment or personal items that a camper may have left at a site.

Presumably, a camper will become aware shortly after leaving the facility that he or she has left items. The Department

believes that 30 days is sufficient time for a person or his or her representative to return to claim their property.

38 N.J.R. 4779(a)

The Department proposes to amend N.J.A.C. 7:2-6.6(a) to limit the number of people at a campsite to six, includ-

ing campers and visitors, except at the group campsites and primitive campsites. This limit is necessary to ensure that all

campers using the camping facilities have a quality camping experience by avoiding excessive noise and overcrowding.

The Department proposes to amend N.J.A.C. 7:2-6.6(c) to allow the Superintendent or designee the ability to ex-

pand or limit the number of visitors, and the visiting hours at a camping facility as conditions warrant. This amendment

will enable a Superintendent to address with greater flexibility situations that occur at the camping facilities.

The Department proposes to amend the reservation procedures at N.J.A.C. 7:2-6.7. The proposed amended rule

allows reservations by telephone, and paid with a credit card, up to 11 months in advance of the reservation start date.

These amendments make it more convenient for the public to make a camping facility reservation with the State Park

Service. The Department proposes to delete existing N.J.A.C. 7:2-6.7(b) and (c), and replace them with proposed new

N.J.A.C. 7:2-6.7(b) and (c), which set forth the new reservation procedures. Proposed amended subsection (b) allows

someone to make a telephone reservation on the same day that he or she camps, provided payment is made in full at the

time the reservation is made. No written confirmation is necessary, unlike for advance reservations. This will allow the

Department to make available those camping facilities that have not been reserved in advance in accordance with

N.J.A.C. 7:2-6.7(a) or (c).

Proposed new N.J.A.C. 7:2-6.7(d) allows that each camping facility, except for group campsites, to be reserved

for a minimum of two consecutive nights to a maximum of 14 nights, whenever camping facilities are available for pub-

lic rental.

The Department proposes to recodify N.J.A.C. 7:2-6.7(d), (e) and (f) as (e), (f) and (g), respectively. The proposed

amendment to subsection (e) corresponds to the language of proposed new subsection (d), which provides a maximum

of 14 nights' stay at a camping facility. The proposed amendment to subsection (e) also incorporates the new term

"camping facility," in lieu of the separately identified types of facilities. The proposed amendment to subsection (f)

likewise replaces the separately identified facilities with the newly-defined term. Amendments to proposed subsection

(g) state that no more than two non-consecutive reservations for camping and overnight facilities can be in effect for any

group, family or person. As with the limitation in proposed amended N.J.A.C. 7:2-6.4(a)4, this restriction is intended

to ensure that park resources are available to as many people as possible. "Family" is added to this subsection to ensure

all combinations of potential campers are mentioned.

The Department proposes to amend N.J.A.C. 7:2-6.8(a), by requiring a 24-hour notice for the cancellation of a

reservation in order to receive a refund. A person may cancel in writing, by telephone, or in person, provided the notice

is timely. The 24-hour notification will enable the State Park Service to offer these no-longer-reserved camping facili-

ties to other members of the public. This is especially important during the busy summer and fall camping seasons when

demand for camping facilities is very high. The Department also proposes to delete reference to the non-refundable res-

ervation fee, as it is no longer charged. The Department also proposes to correct the reference to N.J.A.C. 7:2-17.2(e),

incorrectly cited in the existing rule.

The Department proposes to amend N.J.A.C. 7:2-6.9(b) by replacing "authorized garbage containers" with "refuse

containers." Containers that the Department may provide are for all types of refuse, not just garbage or food waste.

The Department proposes to amend N.J.A.C. 7:2-6.10(a) to clarify that group camping is restricted to areas spe-

cifically designated for this purpose. The Department proposes to amend N.J.A.C. 7:2-6.10(b) to change the word

"designated" to "defined." This is a clarifying amendment, not intended to change the meaning of the subsection.

In accordance with proposed amended N.J.A.C. 7:2-6.10(c), up to 50 percent of family campsites may be used for

groups during the period of November 1 to March 31, if group campsites are not available. The family campsite rate

will be charged. This amendment is necessary to maintain consistency with N.J.A.C. 7:2-17.2(a). Under the existing

rules, groups can use 50 percent of any of the available campsites, if group campsites are not available. The Department

proposes to amend the rule to allow overflow groups to occupy only family campsites. Wilderness and primitive camp-

sites are not appropriate for use by groups, so the Department will not make them available for overflow groups.

Proposed amended N.J.A.C. 7:2-6.11 continues the existing requirement that the adult accompanying a group of

campers under 18 years of age must provide information identifying the young campers on the request of the park offi-

cial. The Department proposes to amend the designation of the adult from the adult "supervising" the campers, to the

adult "accompanying" the campers. The State Park Service does not assume that each adult accompanying a camping

group is necessarily responsible for supervising the group.

38 N.J.R. 4779(a)

The Department is proposing a similar amendment at N.J.A.C. 7:2-6.12. Additionally, the Department is amend-

ing the rule to remove the reference to an automobile as a means of group transportation in case of emergency. The term

"sufficient transportation" includes whatever means are appropriate. The Department also proposes to make it clear that

the entire group, not just those under 18, must be able to be removed at one time, in transportation that is available on

site. The Department intends that groups remain together in case of an emergency, including during exit from the park.

The existing rule could be interpreted as allowing adults in the group to remain behind, while those under 18 are trans-

ported out. Further, the Department does not consider "sufficient" any transportation that must be brought into the park

in order to remove the group (such as an outside bus or truck). In case of emergency, the potential delay in bringing the

transportation into the park could be material. Accordingly, the transportation must be available to the group on site.

The Department proposes to amend N.J.A.C. 7:2-6.13 by allowing the Superintendent or designee the flexibility

of providing overnight emergency camping anywhere in a park or forest, should extreme conditions warrant. The exist-

ing rules permit the Superintendent to utilize only a day use area, which restricted the areas of the park that could be

used during an emergency situation.

The Department proposes to amend N.J.A.C. 7:2-6.14(a) to remove preamble language. The language is not ne-

cessary to convey the prohibition in the existing rule, which prohibits the public from using State Park Service camping

facilities as a primary or secondary dwelling or mailing address.

Subchapter 7. Overnight Facilities Use

Subchapter 7, Overnight Facilities Use, sets forth the restrictions on and reservation procedures for the use of any

cabin, shelter, lean-to, lodge or other State Park Service building or structure designated by the State Park Service for

overnight use by the public. The Department proposes to readopt this subchapter with amendments to insert new terms

and replace obsolete ones, and make grammatical corrections.

At N.J.A.C. 7:2-7.1(b), the Department proposes to amend N.J.A.C. 7:2-7.1(b) for the same reason it proposes to

amend N.J.A.C. 7:2-6.2(c).

The Department proposes to delete N.J.A.C. 7:2-7.1(c). The deletion will enable a registered camper who has re-

served and paid for a specific overnight facility to utilize the facility even if the camper arrives 24 hours after the start-

ing time listed on the overnight facility camping permit. A Superintendent would not be able to reassign this overnight

facility until the end of the camping permit or until the camper cancelled the reservation. The existing rules allow the

Superintendent to reassign an overnight facility if a camper does not arrive within 24 hours of the prescribed starting

time listed on the permit. The proposed amendment will benefit campers who are delayed due to unforeseen circums-

tances. The overnight facility will continue to be reserved for the camper's use for the duration of their overnight facility

camping permit, unless he or she formally cancels the reservation. The proposed amendment is related to the proposed

amendment to N.J.A.C. 7:2-7.3(a), which institutes a 24-hour cancellation period for camping facilities.

The Department proposes to recodify N.J.A.C. 7:2-7.1(d) as (c) and amend it by decreasing the number of days

the Department must store any equipment left in an overnight facility by the camper after the permit expires. The

amendment is similar to, and for the same reasons as, the proposed amendment to N.J.A.C. 7:2-6.5(b) above.

The Department proposes to amend N.J.A.C. 7:2-7.2 to allow reservations by telephone with a credit card up to 11

months in advance of the reservation start date. These amendments make it more convenient for the public to make an

overnight facility reservation with the State Park Service. Proposed new N.J.A.C. 7:2-7.2(a) and (b) set forth the new

reservation procedures.

The Department proposes to recodify N.J.A.C. 7:2-7.2(d) as (c). This proposed subsection will require that reser-

vations for the cabin facilities be granted for either seven or 14 consecutive days for the use period from the Saturday of

Memorial Day weekend through and including Labor Day. The existing rules do not begin this consecutive day re-

quirement until June 15th. This amendment ensures the maximum occupancy for the limited number of cabin facilities

within the State Park Service. The demand by the public for use of these cabins is very high, especially on weekends.

The minimum consecutive day reservation requirement will ensure the facilities are utilized during the slower weekdays

and not just weekends.

The Department proposes to recodify N.J.A.C. 7:2-7.2(e) as (d), and amend the reservation dates for cabin facili-

ties to be consistent with the proposed changes at N.J.A.C. 7:2-7.2(c).

38 N.J.R. 4779(a)

The Department proposes new N.J.A.C. 7:2-7.2(e), which applies to shelters, lean-tos, yurts and other State Park

Service buildings or structures designated by the State Park Service for overnight use by the general public. It does not

apply to cabins, which are regulated by proposed N.J.A.C. 7:2-7.2(c) and (d). The proposed amendment allows reser-

vations for a minimum of two consecutive nights, and up to 14 consecutive nights. Unlike cabins, the proposed mini-

mum and maximum apply year round, subject to the availability of the facilities at the various parks.

The Department proposes to amend N.J.A.C. 7:2-7.2(g) by adding the word "overnight" to this subsection to

clearly identify the facility for which separate applications must be submitted.

The Department proposes to amend N.J.A.C. 7:2-7.2(h) to allow no more than two non-consecutive reservations

for overnight and camping facilities for any group, family or person. Limiting the number of reservations in effect at

any one time gives more people an opportunity to use the facilities. "Family" is added to this subsection to ensure all

categories of campers are mentioned.

The Department proposes to delete N.J.A.C. 7:2-7.2(i) because the State Park Service no longer charges a reserva-

tion fee. Similarly, the Department proposes to delete the reference to such a fee in N.J.A.C. 7:2-7.2(j).

The Department proposes to add a new N.J.A.C. 7:2-7.2(i), which is similar to, and proposed for the same reason

as, proposed amended N.J.A.C. 7:2-6.4(a)4. The Department proposes to delete N.J.A.C. 7:2-7.2(k) which references

the East Creek Lodge at Belleplain State Forest, as this facility now falls under the general heading of overnight facili-

ties.

The Department proposes to amend N.J.A.C. 7:2-7.3(a) by requiring a 24-hour notice for the cancellation of a

reservation in order to receive a refund. The 24-hour notification will also enable the State Park Service to offer these

no-longer-reserved overnight facilities to other members of the public. This is especially important during the busy

summer and fall camping seasons when demand for overnight facilities is very high. The Department also proposes to

delete reference to the non-refundable reservation fee as it is no longer charged. The cancellation may be made in writ-

ing, by phone, or in person, provided it is at least 24 hours in advance.

The Department proposes to amend N.J.A.C. 7:2-7.4(a) to limit the number of people at an overnight facility, in-

cluding campers and visitors, to the designated occupancy of the overnight facility. This limit is necessary to ensure all

campers utilizing the overnight facilities have a quality experience by avoiding excessive noise and overcrowding.

At N.J.A.C. 7:2-7.4(b), the Department proposes to amend N.J.A.C. 7:2-7.4(b) by deleting the provision allow-

ing the Officer-in-Charge to temporarily extend or limit the visitation hours as conditions warrant. Proposed new

N.J.A.C. 7:2-7.4(c) allows the Superintendent or designee the ability to expand or limit the number of visitors, and the

visiting hours at an overnight facility as conditions warrant. This amendment will enable a Superintendent to address

with greater flexibility situations that occur at an overnight facility.

Subchapter 8. Boating/Watercraft

Subchapter 8, Boating/Watercraft, establishes the restrictions on the use of ramps, docks, boats, canoes, power

boats, motorized jet skis, sailboats and ice boating on waters under the jurisdiction of the State Park Service. The sub-

chapter also sets forth restrictions on scuba and skin diving and establishes procedures for boat storage at the Spruce

Run Recreation Area. The Department proposes to readopt the subchapter with amendments to insert new terms and

replace obsolete ones.

Subchapter 9. Day Use Group

Subchapter 9, Day Use Group, sets forth the restrictions on the use or visitation of any lands or waters under the ju-

risdiction of the State Park Service by groups of 20 or more persons. It establishes the group reservation procedures for

such groups. The Department proposes to readopt the subchapter with amendments to insert new terms and replace ob-

solete ones.

Subchapter 10. Golf Courses

Subchapter 10, Golf Courses, sets forth the rules on the use by the public of the golf courses under the jurisdiction

of the State Park Service. The Department proposes to readopt the subchapter with amendments to insert new terms and

replace obsolete ones. The Department also proposes to delete N.J.A.C. 7:2-10.1(c), which required everyone on the

course to be playing golf, because the State Park Service does allow spectators on the course for certain scheduled golf

38 N.J.R. 4779(a)

tournaments, as provided at existing subsection (d), proposed to be recodified as subsection (c). The Department pro-

poses to recodify N.J.A.C. 7:2-10.1(f) as (d).

The Department proposes to amend N.J.A.C. 7:2-10.1(e) to remove the reference to specific clubs. Advanced

technology and newer materials allow a golfer to use fewer golf clubs on the golf course. Accordingly, it is not neces-

sary for a golfer to carry each of the golf clubs identified in the existing rule. Nevertheless, a golfer must have sufficient

clubs to play the game. These include a driver or woods, irons, and a putter.

Proposed amended N.J.A.C. 7:2-10.1(g) will authorize the Superintendent or designee to allow golfers to bring

beverage or food coolers onto the golf course if conditions warrant, such as extreme temperatures or humidity, or if the

golf course restaurant concession is not open.

Proposed amended subsection (i) will lower the minimum age for a golfer at a State operated golf course from 10 to

eight years old, inasmuch as younger children are learning how to golf. Younger golfers do need an adult with them,

however. Proposed amended subsection (j) will require an adult to accompany a player aged eight to 12 years old. The

Department proposes to allow a 13 year olds to golf without being accompanied by an adult, because many 13 year olds

are members of junior golf teams sponsored by local schools. The amendment will allow them to golf with their older

teammates and coaches.

The Department proposes to delete N.J.A.C. 7:2-10.1(k) and (l), relating to proper attire and noise-producing

equipment. The Superintendent or designee is authorized to establish golf course policy and procedures, which will

cover these items. See proposed N.J.A.C. 7:2-10.1(l). For example, if few people are playing on a course, such that a

radio or other noisemaking equipment would not cause a disturbance, the use of such equipment may not be inappro-

priate.

The Department proposes to amend N.J.A.C. 7:2-10.1(m), and recodify it as subsection (k), to allow only golf on

a State operated golf course. The existing rules permit other activities to occur with the permission of the Superinten-

dent; however, experience has shown that damage can occur to the golf course when activities other than golf are al-

lowed. Moreover, not only could the person engaged in another recreational activity on the golf course be injured by an

errant golf ball, but the golfer could be injured as a result of another activity in the vicinity. For the safety of both

groups, the Department is proposing the amendment.

The Department proposes new N.J.A.C. 7:2-10.1(l) to allow the Superintendent or designee to establish, with the

approval of the Director of the Division of Parks and Forestry or designee, policies and procedures to govern the play on

the golf course. Due to daily changes in the weather conditions, number of golfers on the course, condition of the golf

course or other daily factors, the Superintendent needs the flexibility to make immediate decisions that affect play on

the golf course. For example, during extremely hot weather, players might be allowed to bring beverages onto the

course, although they are prohibited from doing so on normal days. Conditions of the course may preclude the use of

golf carts in certain areas, or warrant the elimination of certain holes of play, in order to avoid damage to the course.

Actual or anticipated weather conditions might require an adjustment of golfing hours. If there are a large number of

golfers using the course, no solo golfers or twosomes might be allowed that day, but instead only foursomes to keep

golfers from backing up at the starting hole.

The Department proposes to amend N.J.A.C. 7:2-10.2(a) to reflect a new reservation policy that is more us-

er-friendly and similar to the reservation procedures used by many county-owned golf courses in New Jersey. It changes

the policy from first-come, first-served, to allowing reservations up to seven days in advance, by telephone or in person.

The amendment also allows the Superintendent to increase the advance reservation period from seven days to 14 days

maximum with the approval of the Director of the Division of Parks and Forestry or designee.

The Department proposes to amend N.J.A.C. 7:2-10.2(b) to modify the policy for reserving the course for a golf

tournament. The Department is removing the 30-day in advance requirement for reserving the golf course for a tourna-

ment. The proposed amendment is intended to make it easier for the public to schedule tournaments. The Department is

also amending the rule to delete the specifics regarding the days tournaments can be played at the golf course, the start-

ing times and player limits. The Superintendent or designee may address these issues through golf course policy and

procedures, in accordance with proposed amended N.J.A.C. 7:2-10.1(l). Demand for use of the course, and changing

course conditions require such requirements to be flexible, which flexibility is more available through course-specific

policy and procedures.

The Department proposes to amend N.J.A.C. 7:2-10.4 so that the State Park Service no longer has to print the lo-

cal rules on the score cards. The local rules and policies and procedures will be posted in the Pro Shop. This amendment

38 N.J.R. 4779(a)

will save the Department the cost of disposing of obsolete score cards, and printing new ones to reflect changes in local

rules, policies or procedures.

The Department proposes to amend N.J.A.C. 7:2-10.5 to change the section heading to "Golf tournaments," and to

require tournaments to be conducted in accordance with the accepted standards of golf, local rules, course policy and

procedures, and the tournament-specific rules that will be established in the Golf Tournament Permit issued to the tour-

nament organizer under proposed amended N.J.A.C. 7:2-10.2(b). Because the local rules, course policy and proce-

dures, and Golf Tournament Permit will set forth the manner in which the tournament will be played, the restrictions of

subsection (a) are no longer necessary.

The Department proposes to repeal N.J.A.C. 7:2-10.6 and propose a new rule to enable a school golf team to

conduct matches at a State operated golf course, which the existing rules do not allow. This proposed repeal and new

rule removes the existing weekday requirement for team practices, and allows the Superintendent or designee to be

flexible when scheduling school practices or matches. The school teams will have more practice times available, with-

out displacing the regular play of the golfers.

The Department proposes to repeal N.J.A.C. 7:2-10.8 and propose a new rule to require all golfers to follow the

rules established by the United States Golf Association, policies and procedures of the golf course, and the local rules

established at N.J.A.C. 7:2-10.1. This repeal and new rule enables the Superintendent or designee to implement

changes to golf etiquette immediately as they are accepted within the sport of golfing. The repeal and new rule deletes

the requirement that the player with the honor be allowed to play through. The provision is included in the United States

Golf Association rules.

Subchapter 12. Hiking Trails

Subchapter 12, Hiking Trails, establishes the restrictions on the use of hiking trails and sets forth specific restric-

tions on open fires and camping on hiking trails under the jurisdiction of the State Park Service. The Department pro-

poses to readopt the subchapter with amendments to insert new terms and replace obsolete ones.

Subchapter 13. State Marinas

Subchapter 13, State Marinas, sets forth the general provisions and restrictions governing the use of marinas under

the jurisdiction of the State Park Service, and establishes specific procedures addressing the application for berth per-

mits, issuance of permits, and the assignment and reassignment of berths. The Department proposes to readopt the sub-

chapter with amendments to insert new terms and replace obsolete ones.

The Department proposes to amend N.J.A.C. 7:2-13.2(b)2 to more clearly state that applications from individuals,

only, are accepted for berth assignments. The existing rule expressly precludes corporations from submitting applica-

tions, and the Department is amending the rule to expressly exclude partnerships, as well.

The Department proposes to amend N.J.A.C. 7:2-13.2(d) regarding the waiting list application procedure at State

marinas. The proposed amendment will extend the time a person can advise the marina staff of his or her intent to re-

main on the waiting list from the second Saturday in January, as in the existing rule, to the entire month of January. The

proposed amendment requires a person to confirm his or her intent in writing, in person or by mail. The Department will

no longer accept telephone calls as confirmation, because it found that the process was not reliable. Because there was

no written, signed confirmation, on occasion an applicant would say that he or she had called, but the Department would

have no record of the confirmation. The proposed amendment provides a more accurate and efficient process for the

public and for the marina staff.

The Department proposes to amend N.J.A.C. 7:2-13.3(b)1, 2 and 3 by changing the dates for berth holders to

submit a renewal. The Department proposes to send out the renewal request forms to the berth holders in the first week

of November, rather than the first week in December, as in the existing rules. The Department also proposes to require

the public to submit renewal forms on or before December 31 prior to the permit year (for example, December 31, 2006,

for a permit for summer 2007), rather than on or before February of the permit year. This change will enable the De-

partment to know earlier if a berth is not being renewed by a current berth holder, which allows the Department to con-

tact the individuals on the waiting list earlier in the season.

The Department proposes to amend N.J.A.C. 7:2-13.3(g) to add use of personal watercraft to the list of purposes

for which it will not issue a berthing permit. The use of berths is strictly for docking boats. The State Park Service does

38 N.J.R. 4779(a)

not have the specialized equipment or raised platform necessary to dock a personal watercraft within a berth at a State

operated marina; accordingly, it is not appropriate for such watercraft to be berthed at the marinas.

The Department proposes to amend N.J.A.C. 7:2-13.5(a)3 by replacing "assignment" and "reassignment" with

"subletting" and "sublease" respectively. The terms have specific legal meanings, and the amendments more accurately

describe what is legally occurring when a berth permittee no longer wishes to rent his or her berth during the summer

season. The berth permittee is not released from his or her obligation, but a sublessee is identified from the waiting list.

The Department also proposes to amend N.J.A.C. 7:2-13.5(a)3 by limiting to one the number of times that a permittee

of record may sublet his or her berth during the term of his or her permit. The sublessee may not further sublet the berth.

These proposed amendments ensure that when a berth is no longer rented by the current berth holder, it is made availa-

ble to the public in a fair and equitable manner.

The Department proposes to amend N.J.A.C. 7:2-13.7(b) to prohibit the use or storage of portable gas cans for fu-

eling within the marina boundaries. This prohibition is consistent with the Clean Marina Initiative, which is a voluntary,

incentive-based program promoted within New Jersey by the Department's Coastal Management Program. It encourages

marina operators and recreational boaters to protect coastal water quality by engaging in environmentally sound operat-

ing and maintenance procedures. This program helps to prevent harmful environmental practices through education and

outreach to boaters and marina owners. It provides assistance and guidance to enable marinas and other recreational

boating facilities to reduce the sources and impacts of nonpoint source pollution. Examples include, but are not limited

to, sewage facility management, fueling operations, fish and solid waste management and boat cleaning.

The Department proposes to amend N.J.A.C. 7:2-13.7(q) to clarify that, during specified hours, berth permittees

and their guests may access not only the pier on which the permittee has a berth, but also the marina. The existing rule

could be interpreted as allowing access only to the individual pier, which is not the Department's intent.

Subchapters 14 and 15 are reserved.

Subchapter 16. Island Beach State Park Rules

Subchapter 16, Island Beach State Park rules, establishes restrictions on surf fishing and the use of mobile sport

fishing vehicles at Island Beach State Park, and sets forth the requirements and procedures for obtaining a surf fishing

permit and mobile sport fishing vehicle permit. The Department proposes to readopt the subchapter with amendments to

insert new terms and replace obsolete ones.

Subchapter 17. Fees for Services and Facilities Provided by the State Park Service

Subchapter 17, Fees for Services and Facilities Provided by the State Park Service, establishes the fees charged for

services such as parking, boat launching, campsites and cabins. The State Park Service is authorized to charge fees for

these services under N.J.S.A. 13:1L-19. The Department proposes to readopt this subchapter with amendments and to

insert new terms and replace obsolete ones.

The Department proposes to amend N.J.A.C. 7:2-17.1(b) to add a daily day use parking fee of $ 5.00 for motor-

cycles, and $ 105.00 and $ 55.00 for out-of-State and in-State bus groups, respectively, at Island Beach State Park from

the day after Labor Day through the day before Memorial Day. The existing rules for Island Beach State Park designate

a fee for automobiles year round, but there has not been a fee for motorcycles or bus groups after Labor Day. The bus

group parking fees are at the same rate as is currently charged from Memorial Day weekend through Labor Day. Due to

its location on the coast of New Jersey, and the unique natural resources available to the public, Island Beach has a large

volume of bus groups, including school, scouting and community groups, that visit the park year round. Accordingly, it

is necessary to charge the fee year round in order that there are funds to cover the costs associated with the year round

use of the facility.

The Department proposes to amend N.J.A.C. 7:2-17.1(f) by changing the name of this fee from a "boat launching

fee" to a "launch ramp fee." This more general term reflects that the public launch ramps are used not only for boats, but

also for personal water craft, canoes, kayaks and other vessels. The Department is also proposing to amend N.J.A.C.

7:2-17.12(f)4 to limit the launch ramp fee at the Mullica River location. The Department will charge a fee only from

Memorial Day weekend through Labor Day, rather than the year round fee in the existing rules. The Department has

found that the public makes only minimal use of the Mullica River launch ramp during other times of the year, thereby

not justifying the year round fee.

38 N.J.R. 4779(a)

The Department is proposing to amend N.J.A.C. 7:2-17.1(f)5 to charge a launch fee for the ramp at Hopatcong

State Park from April 1 through the Friday before Memorial Day weekend, and from the first Tuesday after Labor Day

through October 31. The existing rules impose the fee only on Saturdays and Sundays from April 1 through the Sunday

before Memorial Day and from the first Saturday after Labor Day through October 31. The public has increased its use

of the Hopatcong State Park ramp on weekends and weekdays during what was traditionally off season.

The Department is proposing to amend N.J.A.C. 7:2-17.1(j)1 by increasing the weekday senior citizen fee at

Spring Meadow Golf Course from $ 14.00 to $ 18.00. The Department is also proposing to eliminate the 10:00 A.M.

restriction when this senior fee is charged. The adoption of these amendments will allow senior citizens to golf at Spring

Meadow Golf Course at the rate of $ 18.00 at any time during each weekday, not just before 10:00 A.M. The proposed

increased fee is still below the senior citizen rate charged at other similar golf courses open to the public in the general

vicinity of Spring Meadow Golf Course.

As discussed below, the Department is proposing a new section, N.J.A.C. 7:2-17.7, Sales tax. As a result of the

proposed new rule, the Department will no longer pay the tax out of the base fee for services provided in accordance

with N.J.A.C. 7:2-17.1(j)3, but will charge the applicable tax in addition to the stated base fee.

The Department proposes new N.J.A.C. 7:2-17.1(m), which will reinstate the fee for the Batsto Historic Tour. The

fee of $ 1.00 per person for children ages six to 11 and $ 2.00 per person for anyone 12 years of age and above had been

repealed, due to the Batsto Historic Mansion's being closed to the public for several years. However, the Mansion is

once again open to the public for tours, making the proposed fee appropriate.

The Department is proposing to amend N.J.A.C. 7:2-17.2(a) by adding a $ 2.00 per person per night fee for primi-

tive campsites. The existing rule does not include a fee for this type of campsite, which has no picnic tables, fire rings or

grills. Some of these areas have restricted access, and all have pit privies, which are very primitive bathrooms. In addi-

tion, at some areas campers must carry in their own water. Although the amenities at the campsites are limited, there is

still a cost to the Department associated with making the sites available.

The Department is proposing to amend N.J.A.C. 7:2-17.2(d)1 to increase the amount of the cancellation fee to $

40.00 or two times the per night fee, whichever is less.

The Department proposes to add new N.J.A.C. 7:2-17.3(e) to implement a $ 150.00 per day (plus staff costs) fee

for use of the newly constructed Batsto Auditorium within Wharton State Forest. The Department uses the new audito-

rium for educational and interpretive programs; however, it is also available for use by the public for various presenta-

tions or meetings.

The Department proposes to amend N.J.A.C. 7:2-17.4(b) to include the calculation of fees for pleasure seasonal

berthholders based on the length of the boat slip. This is the same as the rules proposed for the Wheelhouse Marina. The

fees at the Forked River State Marina, which are unchanged in this proposal, are based upon overall boat length, rather

than the length of the slip. See N.J.A.C. 7:2-17.4(a).

The Department proposes to add a new N.J.A.C. 7:2-17.4(c), which will establish fees at the newly purchased

State marina located in South Seaside Park, within the Township of Berkeley, Ocean County, New Jersey. The Green

Acres Program purchased the marina, currently named the Wheelhouse Marina, and assigned it to the State Park Service

for management. The marina will be for public use; accordingly, the Department proposes to charge a pleasure seasonal

berthholder summer fee (April 1 to October 31) of $ 75.00 per foot length overall of each boat slip. See proposed

N.J.A.C. 7:2-17.4(c)1i. Any boat with an overall length that exceeds the designated size of the boat slip would pay a

boat slip fee based on the overall boat length at the rate outlined above. Overall boat length includes any swim and/or

bow platforms. The Department proposes to charge a transient berthholder fee of $ 2.00 per foot per day, based on the

overall length of the boat. Transient berthing would be limited to when vacant berths are available. These fees are con-

sistent with berth fees at nearby marinas open to the public. The Department proposes to recodify existing N.J.A.C.

7:2-17.4(c) as (d).

The Department proposes new N.J.A.C. 7:2-17.6 to enable it to charge a fee for facilities or properties that the State

acquires or constructs and places under the administration of the State Park Service, or for services that it offers that are

not otherwise included in the State Park Service Code. The proposed rule would require the Department to publish a

notice in the New Jersey Register announcing the fee. The Department would also post notice of the fee at the particular

park to which the fee applies. The fee would be based upon the fee that the State Park Service charges for a similar ser-

vice or facility at the closest State Park at which the facility or service is provided. Because the Department incurs costs

38 N.J.R. 4779(a)

associated with making State properties and facilities available to the public, it is necessary that the Department be able

to charge fees for the use or service.

The Department proposes new N.J.A.C. 7:2-17.7, Sales tax. At present, the only fees in the State Park Service Code

that are subject to the State sales tax are those in N.J.A.C. 7:2-17.1(j)3. However, in the event that the sales tax were

expanded to include additional categories of fees, the proposed amendment gives the Department the flexibility to col-

lect the tax without undertaking rulemaking to increase its fees. If the Department were unable to adjust its fees to col-

lect any future sales tax, it could suffer a budget shortfall, inasmuch as it would be required to pay the tax out of the

base fee, as it has previously done for those fees in N.J.A.C. 7:2-17.1(j)3. If sales tax applies to any of the fees set

forth in N.J.A.C. 7:2-17, the Department will change the tax in addition to the fee identified in the subchapter.

Social Impact

The rules proposed for readoption with amendments will have a positive social impact by enabling the Department

to continue to supervise, manage and administer the natural and historic resources under its jurisdiction and the public's

use of areas and facilities administered by the State Park Service. These rules help protect the natural and historic re-

sources and improvements on lands and waters administered by the State Park Service, while also protecting the safety

and general welfare of the public using these resources. The rules proposed for readoption with amendments will ensure

the areas managed by the State Park Service for recreational purposes continue to be used appropriately by the public

under conditions intended to protect both the resources and the public.

Economic Impact

The rules proposed for readoption with amendments, with the exception of Subchapter 17, affect only the adminis-

tration and management of the resources under the jurisdiction of the State Park Service. Subchapter 17 proposed for

readoption with amendments would impact those members of the public who make use of services and facilities that the

State Park Service provides. The revenues generated from these fees are deposited into the State General Fund. Monies

from the State General Fund are annually budgeted to the State Park Service for use in operating and maintaining State

parks, forests, recreation areas, natural areas, historic sites, marinas, golf course, botanical gardens and other lands, wa-

ters and facilities under its jurisdiction and additionally for use in protecting and preserving New Jersey's natural and

historic resources.

The existing fee provisions in the rules proposed for readoption result in approximately $ 8 million in revenue per

year. The Department anticipates that the proposed amendments to the rules will generate approximately $ 175,000 in

additional revenue.


The rules proposed for readoption with amendments provide a positive environmental impact by ensuring proper

administration, management and regulation of State parks, forests, recreation areas, natural areas, historic sites, marinas,

golf courses, botanical gardens and other lands, waters and facilities under the jurisdiction of the State Park Service. The

rules help to ensure that the public uses of New Jersey's natural and historic resources occur in areas managed for such

purposes, under conditions that are protective of the public and New Jersey's natural resources.


Executive Order No. 27(1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65) require State agencies that adopt,

readopt or amend any State rule or regulation that exceeds any Federal standards or requirements to include in the rule-

making document a Federal standards analysis.

The rules proposed for readoption with amendments are not promulgated under the authority of or in order to im-

plement, comply with or participate in any program established under Federal law, or under a State statute that incorpo-

rates or refers to Federal law, Federal standards or Federal requirements. Accordingly, no further analysis is required.

Jobs Impact

The State Park Service Code, N.J.A.C. 7:2, has had little impact on private sector employment in New Jersey be-

cause these rules govern the administration, management and use of State parks, forests, recreation areas, historic sites,

natural areas, marinas, golf courses, botanical gardens and other lands, waters and facilities under the jurisdiction of the

38 N.J.R. 4779(a)

Department and assigned to the State Park Service in the Division of Parks and Forestry. The rules proposed for readop-

tion with amendments will allow the Department to continue employing personnel to maintain and operate its facilities

throughout the State. Accordingly, the rules will continue to have an impact on public sector employment.


The rules proposed for readoption with amendments will not have an impact on the agriculture industry in New

Jersey.


The rules proposed for readoption with amendments regulate the general public use of all State parks, forests,

recreation areas, natural areas, historic sites, marinas, golf course, botanical gardens and other lands, waters and facili-

ties under the jurisdiction of the Department and assigned to the State Park Service in the Division of Parks and forestry.

The rules proposed for readoption with amendments will not impose additional reporting or recordkeeping requirements

on small businesses; however, the fees contained in the rules will be charged to all persons who wish to use the facilities

and services that the State Park Service provides, and the conditions contained in the rules will apply to all members of

the public who use the parks, whether or not the users are small businesses. The rules proposed for readoption with

amendments will not require small businesses to employ professional services in order to comply.

The fee provisions proposed for readoption with amendments are necessary in order for the Department to meet the

cost of providing services and maintaining facilities at State parks, which costs are incurred as a result of the parks' use

by individuals and businesses, both small and large. Therefore, the Department does not propose a differentiation in or

lessening of these requirements for small businesses.

Smart Growth Impact

Executive Order No. 4 (2002) requires State agencies that adopt, amend or repeal rules to include in the rulemaking

document a Smart Growth Impact statement that describes the impact of the proposed rule on the achievement of smart

growth and implementation of the State Development and Redevelopment Plan (State Plan). The Department has eva-

luated this rulemaking to determine the nature and extent of the impacts that the rules proposed for readoption with

amendments will have on smart growth and the implementation of the State Plan.

The rules proposed for readoption with amendments governs the administration, operation, management and use of

State parks, forests, recreation areas, historic sites, natural areas, marinas, golf courses, botanical gardens and other

land, waters and facilities under the jurisdiction of the Department and assigned to the State Park Service in the Division

of Parks and Forestry. The rules support the recreation, conservation and preservation programs that ensure that open

space remains in New Jersey. Therefore, the rules proposed for readoption with amendments comport with the goals of

smart growth and implementation of the State Plan, as described in Executive Order No. 4 (2002).

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 7:2.

Full text of the proposed amendments, repeals and new rules follows (additions indicated in boldface thus; deletions

indicated in brackets [thus]):


7:2-1.7 Definitions



"ATV" means a motor vehicle, registered with the New Jersey Motor Vehicle Commission or not registered, de-

signed to travel over any terrain, which is of a type possessing between three to six rubber tires, [and powered by a gas-

oline with a piston displacement engine not exceeding 400 cubic centimeters,] but shall not include golf carts.

"Bicycle" means a device upon which any person may ride propelled by human power through a belt, chain or gears[,

and having either two or three wheels in a tandem or tricycle arrangement].

38 N.J.R. 4779(a)

"Boat" means [a small] an open or closed vessel or water craft propelled by human power by oars, rowing, paddling or

pedaling.

"Camper" means any person in possession of a valid camping permit making use of any State Park Service

camping or overnight facility.

. . .

"Camping facility" means any facility designated by the State Park Service as a camping facility, including fam-

ily campsites, wilderness campsites, group campsites, and primitive campsites.

. . .

"Designated [bathing] swimming area" means any swimming pool, wading pool or the area of a natural or artificially

constructed pond, lake, stream, river, bay, tidal waters, ocean or other body of fresh or salt water, which is designated,

developed, maintained and operated by the State Park Service for [bathing and] swimming purposes together with

buildings, equipment, and appurtenances, if any, and the land area used in connection therewith.

. . .

"Facilities" means [the] any one or the combination of all State Park Service resources designed or utilized or pre-

served for conservation, recreation, and environmental purposes.

"Family" means a [husband, wife and their children] group of related persons living in one household.

. . .

"Law enforcement personnel" means a State Park Police Officer, State Park Police Sergeant, State Park Police

Lieutenant or other State Park Service personnel whom the Director of the Division of Parks and Forestry has

vested with law enforcement authority and empowered to warn, cite and/or arrest.

. . .

"Motorized bicycle[s]" means a pedal bicycle having a helper motor [characterized in that either the maximum piston

displacement is less than 50 cubic centimeters or said motor is rated at no more than 1.5 brake horsepower and said bi-

cycle is capable of no more than 25 miles per hour on a flat surface].

["Officer-in-Charge" means the area Park Superintendent, designated Chief Ranger or other designee of the Director of

the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service.]

. . .

"Permit" [means a formal request on forms supplied by the State Park Service, supported by all necessary data requested

by reference on the form, for approval of a use, properly executed and signed by personnel of the State Park Service

lawfully designated by the Director of the Division of Parks and Forestry or the Assistant Director of the Division for

the State Park Service to approve such a use] means a properly executed document approved by the State Park

Service authorizing a specific activity including, but not limited to, a special use permit and camping permit.

. . .

"Pet" means any mammal, bird, reptile or amphibian, kept for pleasure, not for utility. "Pet" does not include a

service animal.

. . .

38 N.J.R. 4779(a)

"Sailboat" means any boat whose [sole] main source of propulsion is the natural elements (wind).

"Service animal" means a guide dog, signal dog or other animal individually trained to provide assistance to an

individual with a disability.

. . .

"Special event [(motor vehicle)]" means an organized race, exhibition, [or] demonstration or activity of limited dura-

tion, which is conducted according to an approved prearranged schedule, and which may be subject to a permit.

. . .

"Superintendent" means the supervisory official who directs the administration, operation, safety, maintenance

and development of a State park, forest, recreation area, historic site, natural area, marina, golf course, botani-

cal garden, and other land, water and facility under the jurisdiction of the Department of Environmental Protec-

tion and assigned to the State Park Service.

"Vessel" means a boat or powerboat or personal watercraft, other than a seaplane, used or capable of being used [as a

means of transportation] on the water.

"Visitor" means any person entering with permission upon State-owned property or a facility administered by

the State Park Service. This definition shall not include an employee or volunteer in the course of his or her du-

ties, or a camper.

. . .

"Yurt" means a circular tent built on a wood frame, with wood floors, a deck and a skylight.


7:2-2.8 [Furred animals and pets] Pets

(a) Except as provided in N.J.A.C. 7:2-2.9, all [furred animals or other] pets are prohibited from buildings, [bathing]

swimming beaches, [bathing] swimming waters, all camping and overnight facilities, golf courses, and botanical gar-

dens.

(b) Where allowed in areas not listed in (a) above, except as provided in (c) below and N.J.A.C. 7:2-2.9, the owner of

any [furred animal or] pet shall keep the [furred animal or] pet caged or held on a leash (maximum length--six feet) and

under the immediate control of the owner at all times.

(c) Where allowed in areas not listed in (a) above, [any furred animal or] the pet does not have to be caged or held on a

leash while on a vessel on waters under the jurisdiction of the State Park Service but shall be under the immediate con-

trol of the owner at all times.

(d) The owner shall be responsible for the [animal's or] pet's behavior. The owner shall be strictly liable for any nuis-

ance, noise, damage or injury caused by [furred animals or] the pet[s].

(e) The owner shall be responsible for the prompt and sanitary disposal of the [animal's or] pet's waste.

(f) The term "owner" as used in this section refers to the person that is responsible for the care of the [animal or] pet or

that physically has control of the [animal or] pet on or within the State Park Service jurisdiction.

7:2-2.9 [Seeing eye, companion] Service animals and hunting dogs

38 N.J.R. 4779(a)

(a) [Seeing eye dogs and companion dogs for the hearing impaired] Service animals are permitted in any location

where their presence is necessary to perform the duty for which they are trained.

(b) (No change.)

7:2-2.10 Damage to property/tampering

(a) A person shall not abuse, mutilate, injure, destroy, move or remove any plant or animal or natural resource on lands

and water under the jurisdiction or control of the State Park Service without having first obtained the permission of the

[area Officer-in-Charge] Superintendent or designee. Authorized fish, game and wildlife activities are excepted.

(b) A person shall not deface, damage, move or remove any furniture, equipment, structure, or physical feature of any

kind on lands and waters under the jurisdiction or control of the State Park Service without the permission of the [Of-

ficer-in-Charge] Superintendent or designee.


(e) An unauthorized person shall not open or enter any manhole or confined space without the specific approval of the

[area Officer-in-Charge] Superintendent or designee.

7:2-2.11 Conduct


(c) A person shall not use or operate any noise producing machine, vehicle, device, or instrument in a manner that in the

judgment of the [Officer-in-Charge] Superintendent or designee, or designated law enforcement personnel, is disturb-

ing to other park visitors, campers or employees. In camping and overnight facilities [and campsites], the hours of

10:00 P.M. to 6:00 A.M. are designated "quiet hours."


(f) A person shall not use a public address system on State Park Service property without the permission of the [Offic-

er-in-Charge] Superintendent or designee.

(g)-(o) (No change.)


(a) A person shall not start or maintain any open fire except for small handwarming fires in areas designated for ice

fishing under N.J.A.C. 7:2-2.18(e), on any lands or frozen waters under the jurisdiction of the State Park Service un-

less specific approval is given by the [Officer-in-Charge or his or her] Superintendent or designee. Such approval may

include conditions limiting the hours, location, and types of fuel to be used. Small handwarming fires shall be allowed

in designated ice fishing areas subject to conditions posted by the State Park Service.


(d) [On campsites, in] In camping and overnight facilities and in picnic areas, wood fires shall be lighted only in an

established place constructed for the convenience of the visitor[s] or camper, except when otherwise authorized by the

[area Officer-in-Charge] Superintendent or designee or posted sign.

(e) Campers and visitors may use dead fallen timber for fuel when authorized by the [Officer-in-Charge] Superinten-

dent or designee.

38 N.J.R. 4779(a)

(f) For cooking purposes, portable charcoal grills, gasoline, kerosene, or propane gas stoves may be used in camping

overnight facilities and picnic areas, unless otherwise posted or directed by the [Officer-in-Charge] Superintendent or

designee.

(g) (No change.)

(h) A person shall not burn litter, trash, refuse, garbage, pollutants or, except as provided at (d), (e) and (f) above, any

other substance or liquids on the lands and waters of the State Park Service without specific approval of the [area Offic-


7:2-2.16 Metal detectors

A person shall not use metal detectors or similar devices without a permit issued by the [Officer-in-Charge] Superin-

tendent or designee. The permit may limit the location, hours, and days of use. [Permits] A permit will not be issued

for use in areas of significant historical or other value, or where such use would be incompatible with protection of the

resource and/or interfere with public use of the facility.

7:2-2.17 Target practice; firearms; fireworks

(a) (No change.)

(b) A person shall not possess or discharge any firearm, pellet gun, bow and arrow, slingshot or other weapon capable of

injuring persons or wildlife while on State Park Service property without the specific approval of the [area Offic-

er-in-Charge] Superintendent or designee. Hunters in compliance with the rules of the Division of Fish, Game and

Wildlife and this chapter are excepted.

(c) (No change.)

7:2-2.18 Restrictions on hunting, fishing, and trapping

(a) (No change.)

(b) A person shall not hunt with a rifle. Hunting with a muzzle loading rifle shall be limited to the prescribed firearm

deer season only or any additional special firearm deer season. [Area Officers-in-Charge] Superintendents or desig-

nees are authorized to allow squirrel and woodchuck hunting with muzzle loaders as conditions of safety warrant in

accordance with the Game Code, N.J.A.C. 7:25-5, now in effect or as may subsequently be amended or changed.

(c)-(d) (No change).

(e) A person shall not ice fish except in areas specifically approved by the [area Officer-in-Charge] Superintendent or

designee.

(f)-(g) (No change.)

7:2-2.20 Swimming[/bathing] areas

(a) A person shall not swim or bathe in waters under the jurisdiction of the State Park Service from land comprising part

of a State Park and administered for public recreation and/or conservation purposes except in designated [bathing]

swimming areas open and staffed to allow this activity.

(b) Designated [bathing] swimming areas shall have posted hours of operation and a person shall not use a designated

[bathing] swimming area contrary to posted regulations.


38 N.J.R. 4779(a)

(f) No motorized vehicles except emergency, maintenance, or law enforcement vehicles, shall be permitted in designat-

ed [bathing] swimming areas during the hours of operation posted under (b) above.

(g) A person shall not use, operate or bring into a designated [bathing] swimming area any inflatables or floating de-

vices such as rubber innertubes, rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts or any other float-

ing device without the approval of the [area Officer-in-Charge] Superintendent or his or her lifeguard designees. Unit-

ed States Coast Guard approved Personal Floatation Devices (PFDs) are excepted.

(h) The [area Officer-in-Charge] Superintendent or designee may authorize the temporary use of certain floatation

devices on occasion where the use is deemed safe, or during special events, games, tests, experiments or to accommo-

date the handicapped.

(i) (No change.)

7:2-2.23 Lost articles

All articles found shall be turned over to the [area Officer-in-Charge or his or her] Superintendent or designee. Re-

ceipts shall be issued and the article shall be returned to the finder at the end of 90 days if the owner has not claimed the

article. Articles not claimed shall be disposed of in accordance with established State Park Service policy. The State

Park Service policy for the disposal of unclaimed articles shall be posted at each State Park.

7:2-2.24 Winter activities restrictions

(a) (No change)

(b) Activities listed in (a) above may be approved in areas specifically designated by the [Officer-in-Charge] Superin-


(c) (No change.)


(a)-(j) (No change.)

(k) Roller skates and skateboards are restricted to areas specifically designated by the [Officer-in-Charge] Superinten-

dent or designee. The use of roller skates and skateboards on State Park Service roads and parking lots is prohibited.

(l) (No change.)


7:2-3.4 Restriction on operation of motor vehicles


(c) A person shall not operate a motor vehicle on or over any cultivated or planted area, transmission line, survey line or

in the woods, swamps, bogs, wetlands or fields unless a permit for said specific activity and location is issued by the


(d) (No change.)

(e) A person or organization shall not conduct a motor vehicle race, rally, exhibition or demonstration of any type on

State Park Service lands and waters without a permit issued by the [Officer-in-Charge] Superintendent or designee.

7:2-3.5 Snowmobiles

38 N.J.R. 4779(a)


(e) All accidents involving personal injury or damage to property shall be reported to the [Officer-in-Charge] Superin-

tendent or designee of the State park [on] at which the accident occurred as soon as possible after the occurrence.

(f) Any race, rally or organized snowmobile activity shall require application for a use permit and/or scheduling at least

five days in advance with the [area Officer-in-Charge] Superintendent or designee having jurisdiction over the prop-

erty to be utilized. The application or request may be denied for reasonable cause.

(g)-(h) (No change.)

7:2-3.7 Parking


(c) Parking shall be strictly confined to areas designated for that purpose. Temporary parking areas designated by the

[area Officer-in-Charge] Superintendent or designee may be used to accommodate special functions.

7:2-3.9 Motorized bicycle restrictions

(a) (No change.)

(b) In the interest of safety, the [Officer-in-Charge] Superintendent or designee is authorized to temporarily prohibit or

limit the operation of motorized bicycles.


SUBCHAPTER 5. OCEAN PARKS AND INLAND PARKS BEACH RESTRICTIONS

7:2-5.1 Trespassing

(a) A person shall not be in, walk on, or travel over any ocean park sand dune, vegetation, or restricted or protected area

without specific authorization of the [Officer-in-Charge] Superintendent or designee.


7:2-5.3 Fires (open)

(a) A person shall not build or start an open fire on a beach without the approval of the [Officer-in-Charge] Superin-



7:2-5.5 Restricted activities

(a) Jet skiing shall be allowed on Lake Hopatcong, Lake Musconetcong, Cranberry Lake, and Greenwood Lake without

the prior approval of the [Officer-in-Charge] Superintendent or designee. Jet skiing on Lake Hopatcong, Lake Mus-

conetcong, Cranberry Lake, and Greenwood Lake shall be conducted in accordance with the rules of the New Jersey

Boat Regulation Commission at N.J.A.C. [7:6] 13:82 or as subsequently amended.

(b) A person shall not jet ski, surfboard, wind sail, windsurf, scuba dive, skin dive, or spear goggles dive in ocean parks

or, except as proved in (a) above, inland waters under the jurisdiction of the State Park Service without the approval of

the [Officer-in-Charge] Superintendent or designee.

38 N.J.R. 4779(a)

(c) (No change.)

SUBCHAPTER 6. CAMPING

7:2-6.1 Camping

(a) A person shall not camp on any State Park Service property, except in areas designated [or] and marked for that

purpose by the State Park Service.

(b) A person shall not camp without first having obtained a camping permit and[/or] site [number] assignment unless

otherwise posted or directed by the [Officer-in-Charge] Superintendent or designee. The camping permit fee pursuant

to N.J.A.C. 7:2-17.2(a) shall be paid in full and [positive] legal identification of the permittee shall be provided prior

to issuance of the permit.

(c) A person under the age of 18 years shall not camp on State Park Service property except when accompanied by a

parent, guardian or other [responsible] adult.

[(d) A person shall not set up camping outside the designated campsite area.]

[(e)] (d) Digging or leveling the ground at [campsites] camping facilities is prohibited unless specifically authorized by


[(f)] (e) Campers shall keep their camping [area] facilities clean and free of safety [or] and fire hazards.

7:2-6.2 [Campsite] Camping facility occupancy limits

(a) Not more than six people shall occupy a [campsite] camping facility, excluding group campsites and primitive

campsites, unless they are all members of one family. The [area Officer-in-Charge] Superintendent or designee may

[temporarily] authorize a greater [or lesser] number of people for occupancy as conditions may warrant.

(b) [Not] No more than two vehicles of any type shall be parked at a [campsite] camping facility, excluding a group

campsite or a primitive campsite. The [area Officer-in-Charge] Superintendent or designee may [temporarily] au-

thorize a greater [or lesser] number as conditions may warrant.

(c) Vehicles in excess of the number permitted in (b) above shall be parked at parking areas designated by the [Offic-

er-in-Charge] Superintendent or designee. The camper assumes [liability] responsibility for [all such parking] each

vehicle parked.

7:2-6.3 Occupancy of [campsites] camping facilities

(a) A [campsite] camping facility is considered occupied when it is being used or has been reserved for purposes of

camping by a person or persons who have paid the camping permit fee pursuant to N.J.A.C. 7:2-17.2(a) within the

applicable time limits. A person shall not take possession or maintain possession of a [campsite] camping facility when

informed by a State Park Service sign or employee that such site is occupied or reserved for occupancy.

(b) All camping facilities shall be occupied by the permittee as of the starting time and date indicated on the permit and

shall remain occupied by the permittee during the entire period of stay specified on the permit. Occupancy constitutes

the payment of the camping permit fee pursuant to N.J.A.C. 7:2-17.2(a), assignment of a site and the posting at the site

of the issued [campsite] camping facility identification card. Wilderness campsites are exempt from the [campsite]

camping facility identification card requirement (see N.J.A.C. 7:2-6.9).

7:2-6.4 Time limits; [overnight camping] camping facility

38 N.J.R. 4779(a)

(a) In order to afford the public the greatest possible use of the State Park Service camping [system] facilities, conti-

nuous occupancy by the same persons [or equipment] who have paid the camping permit fee of any camping facility

[site] is limited as follows:

1. A person or persons shall not occupy a [campsite] camping facility for more than 14 consecutive nights.

2. A person or persons who have occupied a [campsite] camping facility for an initial 14-night limit shall not

re-register until seven calendar nights have elapsed.

3. Additional camping shall be permitted to intervals up to, but no more than, seven calendar nights at a time with a

minimum of seven calendar nights [out-time] required between each occupancy.

4. [The total maximum camping nights in any calendar year shall not exceed 40 nights] A group, family, or person

shall not occupy any State Park Service camping facility for more than 40 nights in a calendar year.

7:2-6.5 Removal of equipment and personal property

(a) Occupants shall vacate the [campsite] camping facility by removing all their equipment and personal property prior

to [noon] the end of the permit period on the last day of assigned occupancy.

(b) The [Officer-in-Charge] Superintendent or designee is authorized to inventory, remove and store for a period of

[90] 30 days or until the owner is found, whichever is shorter, any and all equipment and personal property [on a camp-

site] at a camping facility, which [has not been occupied by the owner of the equipment and personal property for any

consecutive 24 hour period] remains at the camping facility at the end of the permit period, or which is being used

in violation of this chapter or other State law. Payment of a removal fee and storage fee pursuant to N.J.A.C.

7:2-17.2(d) shall be required from the owner before the equipment and personal property is returned. Items not claimed

within [90] 30 days after they are removed from the [campsite] camping facility shall be disposed of in accordance

with established State Park Service policy. The State Park Service policy for the disposal of unclaimed articles shall be

posted at each State Park.

7:2-6.6 Visitors in [campsite] camping facilities

(a) Visitors are allowed in the [campsites] camping facilities between the hours of 8:00 A.M. and 8:00 P.M. All visitors

shall pay the day user parking fee when applicable pursuant to N.J.A.C. 7:2-17.1. The total number of people at a

camping facility, including campers and visitors, shall not exceed six, except at group campsites and primitive

campsites.

(b) A visitor shall not be allowed in a [campsite] camping facility between the hours of 8:00 P.M. and 8:00 A.M.

(c) The [area Officer-in-Charge] Superintendent or designee may [temporarily] extend or limit the visitation hours

and number of visitors as conditions warrant.

7:2-6.7 [Campsite, lean-to's, group campsite] Camping facilities reservation procedures

(a) Applications for reservations of [designated reserved campsites, lean-to's and group campsites] camping facilities

shall be submitted on forms available from the State Park Service, or by telephone and paid in full by credit card.

[Applications shall not be accepted if received or postmarked prior to November 1 of the year immediately preceding

that in which the facility will be used. All applications for designated reserved campsites, lean-to's, and group campsites

shall be acted upon on or about November 15 or the first working weekday thereafter.]

(b) A reservation may be made by telephone and paid in full by credit card, between the hours of 8:00 A.M. and

4:00 P.M., for a campsite for use the same night.

(c) Applications shall be accepted up to 11 months in advance of the reservation start date. Except as set forth in

(b) above, [Reservations] reservations are not effective until confirmed in writing by the State Park Service. Reserva-

38 N.J.R. 4779(a)

tions shall be confirmed on a first come first served basis subject to the availability of [designated reserved campsites,

lean-to's and group campsites] camping facilities on the dates for which reservations are requested.

[(b) Reservations for a reserved campsite or a lean-to for the period of June 15 through and including Labor Day shall

be for exactly a one week (seven nights) or a two week (14 nights) period commencing on any weekday including Sat-

urday and Sunday.

(c) For the period from the day after Labor Day to June 14, reserved campsites or lean-to's may be reserved for a mini-

mum of two consecutive nights to a maximum of 14 nights commencing on any weekday including Saturday and Sun-

day.]

(d) Each camping facility, except group campsites, as noted at (e) below, may be reserved for a minimum of two

consecutive nights to a maximum of 14 nights, whenever camping facilities are available for public rental.

[(d)] (e) Group campsites may be reserved for a maximum period of 14 nights [commencing on any weekday including

Saturday and Sunday with no minimum].

[(e)] (f) All applications for [reserved campsites, lean-to's and group campsites,] the reservation of camping facilities

shall include full payment for the reserved period [plus the required non-returnable reservation fee]. The fees are set

forth in N.J.A.C. 7:2-17.2

[(f)] (g) [More] No more than two non-consecutive reservations for camping facilities and overnight facilities shall

[not] be in effect for any group, family or person.

7:2-6.8 Cancellations and refunds

(a) [Reserved campsites, lean-to's and group campsites] Reservations for camping facilities may be cancelled. A

minimum 24-hour notice for the cancellation of a reservation is required in order to receive a refund. A person

may cancel a reservation by telephone, in writing, or in person. A cancellation fee [and the non-refundable reserva-

tion fee] as set forth in N.J.A.C. [7:1]7:2-17.2(d) shall be deducted from any refund due.

(b) (No change.)

7:2-6.9 Wilderness campsites

(a) (No change.)

(b) Everything carried into the wilderness campsite shall be carried out or placed in [authorized garbage] refuse con-

tainers, if provided.

7:2-6.10 Group campsites

(a) Group camping is restricted to areas specifically [provided] designated for this purpose.

(b) A camping group is [designated] defined as a minimum of seven persons with the maximum limit determined by the


(c) If group campsites are not available during the period November 1 to March 31, groups may use up to 50 percent of

the available family campsites at a State Park, provided there is at least one adult per site, [individual] family campsite

rates are paid and the limitation of six persons per site is not exceeded.

7:2-6.11 Group camper [supervisor] requirements

(a) All groups of campers under 18 years of age shall have a minimum of one adult [supervisor] 18 years of age or older

for each nine campers under 18 years of age in the group.

38 N.J.R. 4779(a)

(b) [Adult supervisors of] The adult(s) accompanying group campers under 18 years of age shall be required to supply

a roster of campers under 18 years of age [under their supervision] to the [Officer-in-Charge] Superintendent or de-

signee upon request. The roster shall include each camper's name, address, age and the home phone number of the

camper's parent or legal guardian.

7:2-6.12 Emergency transportation for group camping

[Adult supervisors of] The adult(s) accompanying group campers under 18 years of age shall have [an automobile or

other] sufficient transportation [readily available] on site to transport [children] the entire group in one trip in the

event of an emergency.

7:2-6.13 Emergency camping

The [area Officer-in-Charge] Superintendent or designee may permit emergency camping overnight for one night only

in a [day use area or a portion thereof] designated area when extreme conditions warrant. Persons permitted emergency

camping shall leave by 8:00 A.M. the following morning and shall be charged the campsite fee pursuant to N.J.A.C.

7:2-17.2(a).

7:2-6.14 Abuse of [the] State Park Service camping [system] facilities

(a) [The State Park Service camping system was designed and developed to provide the maximum number of people

possible a quality outdoor recreational experience for their appreciation of our natural resources and for their personal

relaxation. It is] State Park Service camping facilities are not for the use of persons or groups as a primary or second-

ary dwelling or as a mailing address.

(b) (No change.)

(c) [Area Officers-in-Charge] Superintendents or designees are authorized to limit or prohibit all camping or any other

overnight use which, in their judgment, is contrary to the intended use stated in (a) above.

SUBCHAPTER 7. OVERNIGHT FACILITIES USE

7:2-7.1 Overnight facilities

(a) A person shall not occupy any overnight facility without a permit or the approval of the [area Officer-in-Charge]


(b) A person under the age of 18 years shall not occupy any overnight facility except when accompanied by a parent,

guardian or other [responsible] adult.

[(c) All overnight facilities shall be occupied on the starting time and date indicated on the permit. The area Offic-

er-in-Charge may reassign any overnight facility not occupied for 24 hours after the prescribed starting time.]

[(d)] (c) The [Officer-in-Charge] Superintendent or designee is authorized to inventory, remove and store for a period

of [90] 30 days or until the owner is found, whichever is shorter, any and all equipment and personal property in an

overnight facility which [has not been occupied by the owner of the equipment and personal property for any consecu-

tive 24 hours period] remains at the overnight facility at the end of the permit period or which is being used in vi-

olation of this chapter or any other State law. Payment of a removal fee and a storage fee pursuant to N.J.A.C.

7:2-17.2(d) shall be required from the owner before the equipment and personal property is returned. Items not claimed

within [90] 30 days after they are removed from the overnight facility shall be disposed of in accordance with estab-

lished State Park Service policy. The State Park Service policy for the disposal of unclaimed articles shall be posted at

each State Park.

7:2-7.2 Overnight facilities reservation procedures

38 N.J.R. 4779(a)

(a) [All applications for reservations] Reservations of [cabins] overnight facilities [and camp shelters] shall be sub-

mitted on forms available from the State Park Service, or by telephone and paid in full by credit card. [Applications

shall be accepted if postmarked or received after January 2nd of the year in which the facilities are to be used. Reserva-

tions shall not be made by telephone.]

(b) Applications shall be accepted up to 11 months in advance of the reservation start date. Reservations are not

effective until confirmed in writing by the State Park Service. Reservations shall be confirmed on a first come

first served basis subject to the availability of overnight facilities on the dates for which reservations are re-

quested.

[(b) Applications shall be acted upon on a first-come first-serve basis or a lottery system of selection, if the demand

dictates. All applications received after this process is completed shall be acted upon as received.]

(c) Reservations for cabin[s] facilities [and camp shelters] for the use period from [June 15] the Saturday of Memorial

Day weekend through and including Labor Day shall be accepted only [granted] for seven consecutive nights or 14

consecutive nights.

(d) [From April 1st to June 14th and from the day after Labor Day to October 31st, reservations for cabins and camp

shelters] Reservations for cabin facilities for the use periods from the day after Labor Day to October 31st and

from April 1st to the Friday prior to Memorial Day Weekend shall be accepted for a minimum of two consecutive

nights to a maximum of 14 consecutive nights.

(e) Reservations for overnight facilities other than cabins shall be accepted for a minimum of two consecutive

nights to a maximum of 14 consecutive nights, subject to the seasonal availability of the facilities at individual

parks.

[(e)] (f) When overnight facilities become available for any reason, they may be made available to the general public up

to a maximum of 14 nights as directed by the [Officer-in-Charge] Superintendent or designee.

[(f)] (g) (No change in text.)

[(g)] (h) A separate application shall be filed for each overnight facility and period desired.

[(h)] (i) [More] No more than two non-consecutive reservations for overnight facilities and camping facilities shall

[not] be in effect for any [person or] group, family or person.

(j) A group, family, or person shall not occupy any State Park Service overnight facility for more than 40 nights

in a calendar year.

[(i) A non-refundable reservation fee as provided in N.J.A.C. 7:2-17.2(d) shall be charged for each reservation.]

[(j)] (k) Full payment for the reserved period requested[, in addition to the reservation fee,] shall accompany the reser-

vation application.

[(k) Reservations for East Creek Lodge at Belleplain State Forest shall be made for a minimum of two nights to a max-

imum of 14 nights year round.]

7:2-7.3 Cancellation and refunds

(a) Reservations for [cabins, shelters, lodges, and other] designated State Park Service overnight facilities may be can-

celled. A minimum 24-hour notice for the cancellation of a reservation is required in order to receive a refund. A

person may cancel a reservation by telephone, in writing, or in person. A cancellation fee [and the non-refundable

reservation fee] as set forth in N.J.A.C. 7:2-17.2(d) shall be deducted from any refund due.

38 N.J.R. 4779(a)

(b) Refunds shall not be made to persons evicted [for] as a result of a violation[s] of this chapter or other State law.

7:2-7.4 Visitors in overnight facilities

(a) Visitors are allowed in overnight facilities between the hours of 8:00 A.M. and 8:00 P.M. All visitors shall pay the

normal day user parking fee when applicable pursuant to N.J.A.C. 7:2-17.1. The total number of people at an over-

night facility, including campers and visitors, shall not exceed the designated occupancy of the overnight facility.

(b) A visitor shall not be allowed in overnight facilities between the hours of 8:00 P.M. and 8:00 A.M. [The area Offic-

er-in-Charge may temporarily extend or limit the visitation hours as conditions warrant.]

(c) The Superintendent or designee may extend or limit the visitation hours and number of visitors as conditions

warrant.



(a) (No change.)

(b) A person shall not launch or beach a boat, canoe or other vessel or weigh anchor or cast off when the [area Offic-

er-in-Charge] Superintendent or designee has, by posting or verbal direction, prohibited the same.

7:2-8.3 Powerboat size restrictions

(a) Powerboats, where permitted on non-tidal waters, may temporarily be further restricted as to maximum horsepower

and minimum and maximum boat length, such restrictions being determined by the [Officer-in-Charge] Superinten-

dent or designee based on use and safety factors.

(b) (No change.)

7:2-8.6 Boating near [bathing] swimming areas

(a) A person shall not operate a power boat, sailboat or sail board within 200 feet of a designated [bathing] swimming

area.

(b) A person shall not operate human powered slow moving watercraft such as rowboats, pedal boats, canoes, surf-

boards, or any other water borne mechanisms meeting this definition within 50 feet of a designated [bathing] swimming

area.

7:2-8.7 Swimming and diving from objects, scuba diving, and skin diving

(a) A person shall not swim or dive from a pier, catwalk, bridge or tower on lands comprising part of a State Park and

administered by the State Park Service for public recreation and/or conservation purposes or from any vessel on waters

under the jurisdiction of the State Park Service without written approval by the [area Officer-in-Charge] Superinten-

dent or designee.

(b) (No change.)

7:2-8.8 Round Valley and Spruce Run wind speed notification systems


38 N.J.R. 4779(a)

(c) A person shall not continue boating activities on the Round Valley or Spruce Run Reservoirs when verbally directed

to discontinue boating activities by the [Officer-in-Charge] Superintendent or designee or any employee authorized by

the [Officer-in-Charge] Superintendent or designee to issue such warnings.



through October 31. Fees shall be charged pursuant to N.J.A.C. 7:2-17.1(g) and non-transferable decals shall be as-

signed for this use. Decals shall be permanently affixed to the boat registered for storage as directed by the [area Offic-





(c) Ice boating and ice yachting shall be allowed on the waters described in (a) above and designated and posted under

(b) above provided individual use complies with the following:

1.-3. (No change.)

4. Masts or riggings and any attachments thereto, may be restricted by the [Officer-in-Charge] Superintendent or de-

signee or by any employee authorized by the [Officer-in-Charge] Superintendent or designee to issue such restrictions

as determined by use or public safety.

7:2-8.11 Towing behind boats

A person shall not water ski, aquaplane or tow surf boards in non-tidal waters under the jurisdiction of the State Park

Service except on Lake Hopatcong, Lake Musconetcong, Greenwood Lake and Cranberry Lake without the written ap-

proval of the [area Officer-in-Charge] Superintendent or designee.

7:2-8.17 Obeying orders

A vessel shall not fail to stop when ordered to do so by any State Park Service law enforcement officer or other State

Park Service employee authorized by the [area Officer-in-Charge] Superintendent or designee.

7:2-8.19 Vessel use restrictions

The use of boats, canoes and vessels of all types on the waters under the jurisdiction or control of the State Park Service

shall be prohibited by the [Officer-in-Charge] Superintendent or designee whenever the safety, health or welfare of

the public so dictates.

7:2-8.24 Lake Hopatcong Dock Restrictions


(c) Prior to the construction of any new dock or the replacement, expansion or extension of any dock in the waters of

Lake Hopatcong, the owner of the dock shall submit to the [Officer-in-Charge] Superintendent or designee at Lake

Hopatcong State Park a written notification of intent to construct. The notification of intent to construct shall include the

following:

1.-3. (No change.)

38 N.J.R. 4779(a)

(d) Upon receipt by the [Officer-in-Charge] Superintendent or designee of a complete notification of intent to con-

struct under (c) above, the [Officer-in-Charge] Superintendent or designee shall have a period of 45 days to review the

notification and approve the construction of any new dock or the replacement, expansion or extension of any dock in the

waters of Lake Hopatcong based upon a determination that:

1.-2. (No change.)

SUBCHAPTER 9. DAY USE GROUP

7:2-9.2 Failure to make a reservation

(a) (No change.)

(b) The [area Officer-in-Charge] Superintendent or designee may temporarily waive day use group reservation re-

quirements when field conditions dictate.

(c) (No change.)

7:2-9.4 Group leader

Each day use group making reservations for visitation shall designate one responsible adult, 18 years of age or older, as

group leader and his or her name and address shall be furnished to the [Officer-in-Charge] Superintendent or designee

upon arrival.

7:2-9.5 Day use group roster

(a) All day groups shall have available during the use or visit, and may, prior to the commencement of the use or visit,

be required to supply a roster to the [Officer-in-Charge] Superintendent or designee. The roster shall contain the fol-

lowing information:

1.-3. (No change.)

(b) Failure to supply the roster required in (a) above upon request by the [Officer-in-Charge] Superintendent or desig-

nee may be cause for refusing the group's admittance to, or removal of the group from, the park, forest, recreation area,

historic site, marina, or natural area.

7:2-9.6 Buses transporting day use groups

(a) All buses transporting day use groups shall remain at a parking location designated by the [Officer-in-Charge] Su-

perintendent or designee for the entire period the group is present at the facility.

(b) Drivers of buses transporting day use groups shall remain in the immediate day use area at all times and are not to

leave the area without specific approval of the [Officer-in-Charge] Superintendent or designee.


(a) (No change.)

(b) The number of people in any group using a group picnicking facility shall not exceed the capacity of the facility

without first obtaining the approval of the [area Officer-in-Charge] Superintendent or designee and upon such condi-

tions that the [Officer-in-Charge] Superintendent or designee may reasonably require to assure public safety and pro-

tection of State-owned property.

(c) (No change.)

38 N.J.R. 4779(a)

(d) The [Officer-in-Charge] Superintendent or designee shall post a sign at each group picnicking facility indicating

that the facility has been reserved and the name of the group.

(e) (No change.)

7:2-9.8 Group use of facilities on weekends and holidays

(a) (No change.)

(b) The [Officer-in-Charge] Superintendent or designee may temporarily authorize weekend or holiday day group use

only when facility and staffing requirements allow.

SUBCHAPTER 10. GOLF COURSES

7:2-10.1 Local rules

(a) The use of caddies is not permitted except by specific approval of the [golf course manager] Superintendent or

designee.

(b) (No change.)

[(c) Everyone on the course shall play golf and have a paid receipt in his or her possession.]

[(d)] (c) Spectators are not permitted on the golf course. The [golf course manager] Superintendent or designee may

temporarily waive this rule for tournament play or for unusual circumstances.

(e) All players shall have and use a golf bag with sufficient clubs to play the game including at least a driver or [3]

wood, [a 3, 5 and 7] irons, and a putter.

(f) (No change.)

(g) Beverage or food coolers of any type are prohibited on the course. [Upon request by tournament organizers, the golf

course manager may waive this prohibition.)] If conditions warrant, the Superintendent or designee may suspend

this prohibition.

(h) (No change.)

(i) Players shall be no less than [10] eight years old to play on the golf course.

(j) [Players age 10 to 13 shall be accompanied by an adult.] An adult shall accompany a player aged eight to 12.

[(k) Proper attire shall be worn at all times while on the golf course. This includes a minimum of pants, shorts, skirts, or

tops, tee-shirts and sneakers or golf shoes.

(l) The playing or use of radios, tape recorders, electronic or any other noise producing device is prohibited on the golf

course without specific approval of the golf course manager.

(m) The following recreational activities are prohibited on the tees, fairways and greens of the golf course and adjacent

State Park Service property without the written permission of the golf course manager.

1. Ice skating;

2. Skiing;

3. Sledding;

38 N.J.R. 4779(a)

4. Snowmobiling;

5. Fishing;

6. Picnicking;

7. Horseback riding;

8. ATVs/bicycles;

9. Operating model or remote control planes, boats, cars, or other mechanical devices; and

10. Stopping of canoes for any reason except an emergency.]

(k) Golf and golf-related activities are the only activities permitted on the golf course. All other recreational ac-

tivities are prohibited.

(l) The Superintendent or designee may, with the approval of the Director of the Division of Parks and Forestry

or designee, establish policies and procedures to govern play on the golf course.

7:2-10.2 Reservations-golf course

(a) Golf course [play is] reservations are on a first-come, first-serve basis [only, except as provided in (b) below].

Reservations may be made seven days in advance by telephone or in person. With the approval of the Director of

the Division of Parks and Forestry or designee, the Superintendent or designee may increase the advance reser-

vation period from seven days to a maximum of 14 days.

(b) [Tournament] Golf tournament reservations [shall] can be made [30 days] in advance [and are not effective until

confirmed in writing by] with the issuance of a [special use permit by the State Park Service] Golf Tournament Per-

mit to the tournament organizer.

[1. Approved tournaments are restricted to Tuesday or Thursday play only unless specifically approved by the golf

course manager.

2. Tournament starting times shall be 11:00 A.M. unless specifically waived by the golf course manager.

3. Tournaments shall reserve for a minimum of 40 players up to a maximum of 80 players unless specifically waived by

the golf course manager.]

7:2-10.4 United States Golf Association and local rules

Local rules at N.J.A.C. 7:2-10.1 [and United States Golf Association rules shall govern all play. Local rules are printed

on the score card and posted in the office.], and United States Golf Association rules shall govern all play. The local

rules in accordance with N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent

or designee in accordance with N.J.A.C. 7:2-10.1(l)) shall be posted in the Pro Shop at the golf course.

7:2-10.5 [Tournament restrictions] Golf tournaments

[(a) Tournaments] Golf tournaments shall be conducted in accordance with the accepted standards of golf, the local

rules for the golf course under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superin-

tendent or designee in accordance with N.J.A.C. 7:2-10.1(l)) and in accordance with the [accepted standards of

golf] Tournament Rules and Regulations printed on the Golf Tournament Permit issued under N.J.A.C.

7:2-10.2(b) to the organizer of the tournament. [Local restrictions are as follows:)

38 N.J.R. 4779(a)

1. No shot gun starts shall be allowed. Shot gun starts require that the golf course be shut down to allow one team of

golfers on each tee to be started by a loud noise.

2. All tournaments shall start at the first tee.]

7:2-10.6 School team practice and matches

[A golf team or member of a school team shall be allowed to practice on the golf course on weekdays only.] A school

golf team or members of a school golf team may use the golf course in accordance with the local rules for the golf

course under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or desig-

nee in accordance with N.J.A.C. 7:2-10.1(l)).

7:2-10.8 Golf etiquette

[(a) The player who has the honor shall be allowed to play before his or her opponent or fellow competitor tees his or

her ball.

(b) A person shall not move, talk or stand close to or directly behind the ball or the hole when a player is addressing the

ball or making a stroke.

(c) Players searching for a ball shall signal the players behind them to pass as soon as it becomes apparent that the ball

will not easily be found. They shall not continue play until the players following them have passed and are out of range.

(d) When the play of a hole has been completed, players shall immediately leave the putting green.]

Each golfer shall follow the rules established by the United States Golf Association, and local rules for the golf

course under N.J.A.C. 7:2-10.1 (including policies and procedures established by the Superintendent or desig-

nee in accordance with N.J.A.C. 7:2-10.1(l)).

SUBCHAPTER 12. HIKING TRAILS

7:2-12.3 Hiking trail restrictions


(g) All [furred animals or] pets shall be caged or held on a leash and under the immediate control of the owner at all

times.

(h)-(i) (No change.)

7:2-12.5 Hiker camping


(e) Maximum occupancy for each hiker campsite may be limited or expanded by the [area Officer-in-Charge] Superin-

tendent or designee as conditions warrant.



(a) (No change.)

38 N.J.R. 4779(a)

(b) Applications for a berth permit shall be submitted on forms available from the State Park Service and shall be ac-

cepted year-round at the marina office at the specific State marina in which a berth permit is requested. All berth permit

applications shall be:

1. (No change.)

2. Accepted in the name of an individual(s) only. No application shall be accepted in the name of a corporation or

partnership;

3. (No change.)

4. Except for the Senator Frank S. Farley State Marina, accompanied by a New Jersey drivers license as proof of resi-

dency when the applicant claims to be a New Jersey resident.

i. If an applicant claiming to be a New Jersey resident demonstrates to the satisfaction of the [Officer-in-Charge] Su-

perintendent or designee that the applicant does not have a New Jersey drivers license for good and sufficient reason,

the State Park Service reserves the right to require other proofs that the applicant is a resident of New Jersey.

(c) (No change.)

(d) Each applicant must annually confirm that the applicant wants to remain on the applicant waiting list. Confirmation

shall be made at the marina office [no later than the second Saturday of January either by telephone from 8:00 A.M. to

4:00 P.M. Monday through Friday or by letter post marked not later than the second Saturday of January]. The appli-

cant must provide the State Park Service with a signed confirmation that he or she wants to remain on the wait-

ing list. The applicant shall deliver the signed confirmation in person to the marina office, or mail the signed

confirmation by United States Postal Service, post marked no later than January 31, to the marina office. If the

signed confirmation is mailed, it must include a self addressed envelope, postage prepaid. A telephone call will

not be accepted. Failure to notify the marina office as above provided shall result in cancellation of the application and

removal of the applicant from the waiting list.



(a) (No change.)


procedure.

1. All summer berth permittees of record on October 31 shall be given an opportunity to renew their berth permit for the

same size berth for the next summer season. A summer berth permit renewal form shall be forwarded to each permittee

of record during the first week of [December] November of the year preceding the permit period year or as soon the-

reafter as possible.

2. On or before [February] December 31 of the year preceding the permit year, the permittee of record shall return the

following to the marina office:

i.-iv. (No change.)

3. If the permittee of record does not return the documents and payment in full on or before [February 1] December 31

as required in (b)2 above, the State Park Service shall on the first business day after the due date or as soon as possible

thereafter give the permittee of record written notice by certified mail return receipt requested, to return the documents

and payment to the marina office within 10 working days after the date of the notice.

4. (No change.)

38 N.J.R. 4779(a)


(f) At the Leonardo and the Forked River State Marinas, berth permits for the winter season from November 1 to March

31 shall, in addition to the applicable provisions of [ N.J.A.C. 7:2] this chapter, be issued subject to the following con-

ditions:

1. Vessels occupying a winter berth shall have electricity available each weekend during the winter season from 4:00

P.M. Friday to 8:00 A.M. Monday. The use of electricity during any other period during the winter season shall be by

the prior approval of the [Officer-in-Charge] Superintendent or designee.

2. The use of a thermostatically controlled de-icing system is subject to the prior approval of the [Officer-in-Charge]

Superintendent or designee. Permittees shall place the de-icing unit in a location on the vessel that is in full view by

marina personnel. The period of operation of de-icing units shall be determined by the [Officer-in-Charge] Superin-

tendent or designee based on weather conditions.

(g) Berth permits shall not be issued for the following purposes:

1.-2. (No change.)

3. Use as a watersport activity center such as water skiing, parasailing or use of personal watercraft;

4.-5. (No change.)

(h) (No change.)

7:2-13.4 Berth assignment


(c) Berth assignments are made by the [Officer-in-Charge] Superintendent or designee.

(d) Transient berth assignments shall be available on a first come first served basis and shall be available on a monthly

or daily basis at the discretion of the [Officer-in-Charge] Superintendent or designee subject to the following condi-

tions:

1.-3. (No change.)

(e) (No change.)

7:2-13.5 Berth reassignment

(a) The reassignment of berths within a State marina shall be made in accordance with the following procedures:

1. Reassignment shall be made only by the [Officer-in-Charge] Superintendent or designee.

2. In the event of the death of the permittee of record, the berth which is the subject of the permit, may be assigned by

the [Officer-in-Charge] Superintendent or designee to the spouse of the deceased permittee of record.

3. A permittee of record shall be allowed to assign the rights granted under the permit subject to the following condi-

tions:

i. The permittee of record shall submit a written request for [assignment] subletting to the [Officer-in-Charge] Super-

intendent or designee;

38 N.J.R. 4779(a)

ii. The [assignment] sublease shall be limited to a period not to exceed the annual or summer [or winter] berthing sea-

son for which the assigned permit was issued;

iii. The [assignment] sublease shall be administered solely by the [Officer-in-Charge] Superintendent or designee of

the marina containing the affected berth;

iv. [Assignments] A sublessee shall be obtained by the [Officer-in-Charge] Superintendent or designee from the ap-

plication list for the berth category involved, beginning at the top of the list and continuing numerically, until the berth

is reassigned;

v. The permittee of record shall be liable for all fees to the end of the month in which berth [reassignment] sublease is

finalized;

vi. (No change.)

vii. No berth [reassignment] sublease shall be considered unless payment, for the affected period, in full has been pro-

vided by the permittee of record;

viii. A berth shall not be [reassigned] sublet if the permittee of record is in his first year of occupancy;

ix. Berth [reassignment] sublease requests for an annual or summer berth permit shall not be honored if received after

June 30th; [and]

x. Berth [reassignment] sublease requests for a winter berth permit shall not be honored[.];

xi. A permittee of record may sublet a berth only one time during the term of his or her permit; and

xii. A sublessee may not further sublet his or her berth.


(a) (No change.)

(b) Fuel tanks shall be filled only at the marina fuel station. Draining, cleaning and/or removal of fuel tanks and/or the

use of gasoline or other flammable solvent as a cleaning agent is prohibited within the marina boundaries. The use or

storage of a portable gas can for fueling within the marina boundaries is prohibited.


(e) Boat alterations or repairs shall not be undertaken while a boat is on marina property without specific permission

from the [Officer-in-Charge] Superintendent or designee.

(f) Additions or alterations shall not be made to piers, walkways or other marina property without the written consent of


(g)-(k) (No change.)

(l) All personal property, lines and gear shall be removed from marina piers and property at the expiration of the permit

period. The [Officer-in-Charge] Superintendent or designee is authorized to inventory, remove and store for a period

of 90 days or until the owner is found, whichever is shorter, any and all equipment and personal property from marina

piers and property at the expiration of the permit period or which is being used in violation of this [Chapter] chapter or

any other applicable law. Payment of a removal fee and storage fee pursuant to N.J.A.C. 7:2-17.2(d) shall be required

from the owner before the equipment and personal property is returned. Items not claimed within 90 days after they are

removed from the pier shall be disposed of in accordance with established State Park Service policy.

38 N.J.R. 4779(a)

(m)-(o) (No change.)

(p) Any condition on a vessel or any premises used by the permittee and comprising part of the marina declared to be a

fire or safety hazard by the [Officer-in-Charge] Superintendent or designee shall be corrected immediately by the

permittee.

(q) Only berth permittees and their guests are permitted [pier] marina access between the hours of 10:00 P.M. and 8:00

A.M.

(r) (No change.)

(s) A berth permittee shall advise the [Officer-in-Charge] Superintendent or designee whenever a vessel will be out of

the marina for a period of 48 hours or more. When a berth will be vacant for 48 hours or more, the State Park Service

may utilize the berth for any purpose it deems appropriate without reimbursement to the permittee of record.

(t)-(v) (No change.)

(w) Unattended property that interferes with public safety, orderly management of the marina or presents a threat to the

resources may be impounded and stored by the [Officer-in-Charge] Superintendent or designee. After 90 days, un-

claimed articles may be disposed of in accordance with established State Park Service policy.

(x) Dock boxes shall be installed only with the prior approval of the [Officer-in-Charge] Superintendent or designee.





1. (No change.)

2. An approved permit, decal or placard for which the proper fee has been fully paid as provided in N.J.A.C.

7:2-17.3(d) is displayed on or from the MSFV as directed by the [Officer-in-Charge] Superintendent or designee

when on Island Beach State Park.

(b)-(e) (No change.)

(f) The [area Officer-in-Charge] Superintendent or designee may limit the number of three-day MSFV permits which

may be in effect at any one time. Three-day permits expire at midnight on the third full day after the day of issue.

Three-day permits may be renewed only after a 24-hour waiting period.

(g) The number of MSFVs on the open beach at any one time, whether three-day or annual, may be limited by the [area

Officer-in-Charge] Superintendent or designee in the interest of safety or responsible management of the resource.

7:2-16.3 Surf fishing

(a) Surf fishing is permitted only on the ocean side of Island Beach State Park in specifically designated areas approved

by the [area Officer-in-Charge] Superintendent or designee. An annual surf fishing permit shall be issued upon:

1.-2. (No change.)


7:2-16.5 Island Beach State Park

38 N.J.R. 4779(a)


(c) During the hours from 12:00 midnight to 4:00 A.M., all persons on the beach shall be actively engaged in surf fish-

ing. MSFV permit holders not fishing may park and remain in designated MSFV parking locations posted or directed by

the [Officer-in-Charge] Superintendent or designee. All others shall leave the park as soon as they stop surf fishing.

7:2-16.6 MSFV suspension

(a) The [area Officer-in-Charge] Superintendent or designee may suspend for up to 90 days the MSFV permit of any

person found in violation of any law including this chapter.

(b) (No change.)



(a) (No change.)

(b) [A daily day use parking fee of $ 5.00 for automobiles shall be in effect at Island Beach State Park for the period

commencing on the day after Labor Day and ending on the day before Memorial Day.] At Island Beach State Park,

for the period commencing on the day after Labor Day and ending on the day before Memorial Day Weekend,

the daily day use parking fees are as follows:

Vehicle Fee

1. Automobile $ 5.00

2. Motorcycle $ 5.00

3. Bus (out-of-State groups) $ 105.00/bus

4. Bus (in-State groups) $ 55.00/bus


(f) The daily or annual launch ramp fee [for boat launching] at designated State parks and marinas are as follows:

Daily Annual

Area Fee Fee

1.-2. (No change.)

3.Corson's Inlet ([between] beginning on $ 10.00/launch $ 55.00

Memorial Day weekend and ending on Labor

Day inclusive)

4.Mullica River [Boat Launch] $ 10.00/launch $ 55.00

(beginning on Memorial Day Weekend and

ending on Labor Day inclusive)

38 N.J.R. 4779(a)

Daily Annual

Area Fee Fee

5.Hopatcong State Park [(launch fee $ 10.00/launch $ 55.00

charged on Saturdays and Sundays only, from

April 1 through the Sunday before Memorial

Day and from the first Saturday after Labor

Day through October 31)](beginning on

April 1 and ending on the Friday before

Memorial Day Weekend, and beginning the day

after Labor Day and ending on October 31)

(g)-(i) (No change.)


Type Fee

1. Green Fees

i.-ii. (No change.)

iii. Senior Citizens (New Jersey Residents--Age 62 $ [14.00]18.00

and over) (weekdays only) [before 10:00 A.M.)]

iv.-v. (No change.)

2.-3. (No change.)

(k)-(l) (No change.)

(m) Fees for the Batsto Historic Tour are as follows:

Age (years) Fee

1. Six to 11 $ 1.00/person

2. 12 and above $ 2.00/person.


(a) [Campsite] Camping and overnight facilities permit fees shall be as follows:

Type Fee

38 N.J.R. 4779(a)

Type Fee

1.-6. (No change.)

7. Primitive campsites $ 2.00/person per night

(b) [Campsite] Camping facility permits issued to any New Jersey resident who is 62 or more years of age or is totally

disabled shall receive a $ 2.00 per night reduction from the family campsite rates in (a)2 above.

(c) (No change.)

(d) Miscellaneous [campsite and cabin] camping and overnight facilities fees:

Type Fee

1. Cancellation fee [$ 35.00] $ 40.00 or two

nights stay, whichever is

less

2.-4 (No change.)

7:2-17.3 Miscellaneous fees for services and facilities when and where provided by the State Park Service


(e) Miscellaneous fees for services and facilities provided by the State Park Service at Wharton State Forest are

as follows:

1. Batsto Auditorium Fee $ 150.00/day, plus staff costs


(a) (No change.)



Season Fee

i. Summer (April 1 to October 31) $ 65.00/ft length overall**

[**] (Minimum Fee Based on

Applicable Berth Length)

38 N.J.R. 4779(a)

Season Fee





platform(s).

ii. (No change.)

2.-3. (No change.)

(c) Fees for services and facilities provided by the State Park Service at the marina in South Seaside Park,

Berkeley Township, Ocean County, are as follows:


Season Fee

i. Summer (April 1 to October 31) $ 75.00/ft. *

*This fee shall be based on the designated size of each boat slip. Any




platform(s).


i. $ 2.00/ft. length overall, per day based on the availability of berths

[(c)] (d) (No change in text.)

7:2-17.6 Fees for facilities or services not otherwise identified

(a) The fee for facilities or services for newly constructed or acquired facilities or facilities newly placed under

the administration of the State Parks Service, or newly provided services at existing facilities, shall be the fees for

similar facilities or services charged at the nearest State park at which similar facilities or services are provided,

as determined by the Department. Such fees shall continue to be charged, subject to adjustment as provided in

N.J.A.C. 7:2-17.5, until such time as the Department adopts a specific fee schedule for such facilities or services.

(b) The Department shall publish notice of the fee in the New Jersey Register, and at the facility at issue.

7:2-17.7 Sales tax

The fees set forth in this subchapter do not include applicable sales tax. Applicable sales tax, if any, shall be

posted with the fee schedule at the point of sale.

rulemaking in this issue rule proposals interested persons

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