If a project of any size is proposed for that area that is within 1,000 feet of the canal, it is reviewed for its visual impact on the park. Further, the Commission reviews large projects that are within a mile of the park for their traffic impact, and the Commission requires the preservaton of corridors along the major streams that enter the park.
Questions about the Canal Commission's review can be directed to
Nonstructural Point System Spreadsheet (click to download)
For any structure or infrastructure being installed, upgraded, or otherwise modified on State Property, a new agreement must be created, or an existing agreement modified. All parties with expired agreements are also subject to the following terms and process. The nature of the structure/infrastructure or discharge, and its duration, will determine what type of agreement will be issued (lease, easement, temporary access/use permit, or other document).
Jurisdiction over the D&R Canal is somewhat complex. The New Jersey Water Supply Authority (“NJWSA”) has jurisdiction over the D&R Canal Water Transmission Complex (“Transmission Complex”), as defined here. The New Jersey Department of Environmental Protection’s Division of Parks and Forestry (“NJDEP”) has jurisdiction over the D&R Canal State Park (“Park”), defined as the State-owned lands along the Canal Banks. The Delaware & Raritan Canal Commission (“DRCC”) has jurisdiction over the entire State-owned D&R Canal and Commission Review Zones.
D&R Canal agreements are multi-party documents between NJWSA, NJDEP, DRCC, and the applicant. All agreements are reviewed and approved as to form by a Deputy Attorney General, representing the State of New Jersey. The agreements are drafted by NJWSA’s Property Administrator, who works with the applicant to gain the necessary information for the document after DRCC has issued a permit for the project. Execution of a D&R Canal agreement is not an exemption from obtaining other permits or approvals that would otherwise be required for the project.
If the new structure or infrastructure is solely located within the Transmission Complex, or solely located within the Park, one lease is needed. If it located within both the Transmission Complex and the Park, two separate leases are needed. NJWSA’s representative can help the applicant make this determination. All leases conform to current State policy, as outlined in the Interagency State Land Lease Valuation Panel Report, dated August 2011 and available at http://www.nj.gov/dep/docs/landlease110817.pdf.
Should an appraisal or preparation of other technical documents be necessary, the applicant will pay all associated costs.
Questions about the process for projects on state property can be directed to NJWSA’s Property Administrator at 908-638-6121 x260.