Give me a link to all of the laws for Wharton. This hould be publicly available and I've been looking for a while. When I have list I will know EXACTLY what is legal and what is not.
1/4 mile fun
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Give me a link to all of the laws for Wharton. This hould be publicly available and I've been looking for a while. When I have list I will know EXACTLY what is legal and what is not.
Sand quarrys are what I'm asking for. Every sate has some legal form of wheeling except for us. Something has to give or other wise its going to keep on happening.
Here is the link to the State/Fed laws.
These are the laws of the federal wetlands protection act that NJ enforces (not so well at times) There are no specific laws for Wharton, these regs cover the entire state.
http://www.state.nj.us/dep/landuse/7-7a.pdf
N.J.A.C. 7:7A-2.1(a), 2.2(a) and (b), 2.5(f), 2.6(a)
Conducting regulated or prohibited activities in a freshwater wetland, transition area and/or State open water without prior Department approval.
But the town could not handle the problem this would cause with their already stretched thin vol EMS dept.
And having insurance still does not mean they would not be sued.
This is NJ, laws written by lawyers to benefit lawyers.
All I can say is something has to bend somewhere or it's going to get a HELL of alot worse. I can promise you that. The town it was in could handle it. The only reason it isn't cookie cutter homes with a development is becasue the owner turned them away in hopes of putting a park in. Now the land is a "preserve" and it is totally valuless and can't even give it away. I'
m about ready to quit with my posts and let time play it's roll but I can tell you now, if both sides don'ty come to some sort of compromise were facing a terrible situation
m about ready to quit with my posts and let time play it's roll but I can tell you now, if both sides don'ty come to some sort of compromise were facing a terrible situation
For the 50th time I can read. I do not participate in selective reading so I'd appreciate if you stop treating me like I'm some kind if illiterate onesided jackass.
Dave,
you know i have full access to all of the state regulations. let me know what you want and ill get you them. There is alot, ill start pulling what i can for you in the mean time.
There needs to be acommon list of rules available on a website or as printouts available for anyone who wishes to participate in off highway activities within a state park/forest such as wharton. Also I know the law that punishes people for going off of a "established trail" but what defines an established trail? "Common sense" is not the answer!!!! There basically needs to be a map such as Boyds with only established trails that are ok for ANY vehiclular use. right now if you google you can't find squat. It's another reuqest that has gone uinanswered and pushed away. Now is teh time becasue poops hitting the fan and things are getting ugly but nowhere near as ugly as I see them getting.
7:5D-5.1 Qualifications for designation
(a) To qualify for designation to the State Trails System, a trail must satisfy one of the following qualifications:
1. The trail right-of-way is owned through fee simple title or held under a conservation restriction or scenic easement by the State and administered by the Department;
2. The trail right-of-way is owned through fee simple title or held under a conservation restriction or scenic easement by a local unit or a charitable conservancy, and access to and use of the trail right-of-way is guaranteed through a legal instrument dedicating the trail right-of-way for trail purposes duly filed with the appropriate county clerk; or
3. The trail right-of-way is owned by the Federal government or State agency other than the Department and there is a written cooperative agreement between the owner agency and the Department designating land or water areas for trail purposes.
7:5D-5.2 Procedure and criteria for designation to the State Trails System
(a) Any Federal or State agency, local unit, private organization or person may submit to the Department a request for designation of a trail to the State Trails System in accordance with the criteria for eligibility set forth at (d)1 through 7 below. The trail designation request shall also include documentation prepared to support eligibility for designation in accordance with (e) below. The trail designation request shall be submitted to the Department at the following address: State Trails System, Office of Natural Lands Management, Department of Environmental Protection, PO Box 404, Trenton, New Jersey 08625-0404.
(b) The Division, with the advice of the Council, shall evaluate the request for designation and the eligibility of each trail according to the criteria at N.J.A.C. 7:5D-5.1 and this section. If the Division determines that the trail meets the qualifications for designation and the criteria for eligibility, the Division shall prepare a recommendation for the Commissioner‘s review evaluating the proposed trail‘s suitability for designation and recommending that the Commissioner approve or disapprove the proposed trail designation.
(a) To qualify for designation to the State Trails System, a trail must satisfy one of the following qualifications:
1. The trail right-of-way is owned through fee simple title or held under a conservation restriction or scenic easement by the State and administered by the Department;
2. The trail right-of-way is owned through fee simple title or held under a conservation restriction or scenic easement by a local unit or a charitable conservancy, and access to and use of the trail right-of-way is guaranteed through a legal instrument dedicating the trail right-of-way for trail purposes duly filed with the appropriate county clerk; or
3. The trail right-of-way is owned by the Federal government or State agency other than the Department and there is a written cooperative agreement between the owner agency and the Department designating land or water areas for trail purposes.
7:5D-5.2 Procedure and criteria for designation to the State Trails System
(a) Any Federal or State agency, local unit, private organization or person may submit to the Department a request for designation of a trail to the State Trails System in accordance with the criteria for eligibility set forth at (d)1 through 7 below. The trail designation request shall also include documentation prepared to support eligibility for designation in accordance with (e) below. The trail designation request shall be submitted to the Department at the following address: State Trails System, Office of Natural Lands Management, Department of Environmental Protection, PO Box 404, Trenton, New Jersey 08625-0404.
(b) The Division, with the advice of the Council, shall evaluate the request for designation and the eligibility of each trail according to the criteria at N.J.A.C. 7:5D-5.1 and this section. If the Division determines that the trail meets the qualifications for designation and the criteria for eligibility, the Division shall prepare a recommendation for the Commissioner‘s review evaluating the proposed trail‘s suitability for designation and recommending that the Commissioner approve or disapprove the proposed trail designation.
And don't forget, the Pinelands is a National Reserve, designated as such in 1978 and falls under any Federal regulations as well. It is also designated as a U.S. Biosphere Reserve and an International Biosphere Reserve. The governing body over this is the Pinelands Commission, which, to my knowledge, has not taken any position on this issue.
Maybe the National Guard can be called into help....
Maybe the National Guard can be called into help....
to enforce what? Do they know who's doing wrong and who's doing right? I don't think anyone knows who is following the law and who isn't
Take a look at the CMP, in particular pages 212-213 & 233.
http://www.state.nj.us/pinelands/cmp/amend/CMP_03_01_2010.pdf
"The CMP implements, and is an exercise of, the powers granted to the Pinelands Commission by the 1979 New Jersey Pinelands Protection Act and the Federal National Parks and Recreation Act of 1978. The regulations and standards it contains are designed to promote orderly development of the Pinelands so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historical, scenic, cultural and recreational resources of the Pinelands."
IMO, I don't thinlk it can be any clearer. It just needs to be acted upon. No need for new reg's, etc. Just use what is already in place.
That part there they are referring to development not Vehicle use. (I may have taken it wrong). As I said even with what you poste dthere still is no exact set of laws to abide by. There needs to be a definition of "established trail", since thats the word used so much. theres no need for me to get a ticket because I have a big truck and then have a birdwatcher going down the same trail and him not get ticketed. I have the right to be down the same trails as him. Now lets say I was caught in the act of teariong a trail up, I could see something pertaining to destruction of public road. If i was to be caught in a wet grassy feild throwing mud 40 feet in the air. I could see a destruction type ticket of wetlands or habitat or something. But if a law is going to be forced upon what trail you are on there better be a map of "established trails available or otherwise its not going to hold up in court. As a matter of fact, If I have the cash on hand and somebody was to get a ticket for being off of the established trail and wasn't causing any destruction of wetlands or whatnot. I'd be willing to help that person financially to fight it, and god damn right I would have the press with me. It's problem that still has yet to be addressed and it needs to be in order for the laws to be enforced properly.
The question of which trails/roads are legal for vehicle usage could be arguable, but their destruction, most often caused by vehicle abuse is not arguable and that, I believe, is the primary complaint along with the destruction caused by those leaving the roads and driving through wetlands and elsewhere. The folks that frequent the 1/4 mile area don't appear to be exploring or going for a casual drive through the woods, their intent is to "tear things up" as stated by many in their comments. This continued behavior will only ruin it for themself and for others, either by destroying the road making it impassable or having the road closed.
Dave, I know that you are trying to responsibly promote certain off-roading activities, and from your posts you are just as annoyed, if not more so than others at this type of behavior, but there really is no excuse for destroying the woods like some ORVs do. And, I also believe the folks doing this damage know they are in the wrong, but accept the very tiny chance that they will be caught. I still don't know how to stop it. :colbert:
You have taken me correctly. I agree with you 100% however I'm still going to stay on my one rant. What is a "established" trail. If you go back to 1/4 mile, to a set of virgin eyes, alot of it could appear as an actual trail where they are not on the grassy areas. Everywhere you go has rules to abide by, why don't we. If the Laws were readily availble. It would be easier to enforce. I'm sick of the state pushing me aside when I have the resources within manpower and funds to make something happen. The state is to blame as much as the guys who control the gas pedal in a rig on 44" tires
You might contact the Pinelands Commission and see what they have to say. To me, the CMP lays it all out very clearly.
An example from the CO blog for WMA violations in 11/09.
"On a recent Sunday, Officers McManus, Mutone and Tomlin were dispatched to the Forked River Wildlife Management Area to assist Lacey Twp Police with an ongoing problem involving the illegal use of off road vehicles. Within a short period of time the officers were able to apprehend twelve individuals for a variety of wildlife management violations including the illegal possession of alcohol, unregistered motor vehicle and driving off the established roadway."
Wharton is not a WMA it is a state park. I still say the established roadway could have been fought. There is not one single dedicated map out there of established roadways.
Ok, either or. WMAs have some different rules/wording than parks from what I believe. Both are vague and leave grey areas. Tommorrow I will contact both the Fish and Game and State Park Police again in efforts to get a map of trails I can legally travel by automobile.
That's probably the best idea, certainly won't resolve the issue on a forum. My point is that citations are being issued and I am pretty certain the violations are not specific to a forest, park or WMA. Those folks should be able to give you the violation number that is put on the citation. Good luck.
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