New Jersey § 13:8-47

§ 13:8-47.

As used in this act, unless the context clearly indicates otherwise: a. “ Commissioner ” means the Commissioner of the Department of Environmental Protection. b. “ Department ” means the Department of Environmental Protection. c. “Designated adjacent area of land” means those lands immediately adjacent to rivers

or sections of rivers included in the system which have been delineated by the department

as a floodway, flood fringe area or flood hazard area, as determined by the department,

pursuant to the provisions of P.L.1962, c. 19 ( C. 58:16A-50 et seq. ), as amended by P.L.1972, c. 185, 1 as well as any additional lands to which the department acquires a fee simple interest

or scenic easement in accordance with the provisions of this act. d. “ Free of impoundment, ” as applied to any river, means existing or flowing in natural condition without

impoundment, diversion, straightening, riprapping, or other significant modification

of the waterway; provided, however, that the existence of low dams, diversion works,

and other minor structures at the time any river or section of river is proposed for

inclusion in the system shall not necessarily bar its consideration for such inclusion. e. “River” means a flowing body of water or estuary or a section, portion, or tributary

thereof, including but not limited to rivers, streams, creeks, runs, kills, rills,

and small lakes. f. “ River area ” means rivers and designated adjacent areas of land which are included in the system. g. “ Scenic easement ” means a perpetual easement in land which (1) is held for the benefit of the public;

(2) is specifically enforceable by its holder or beneficiary; and (3) limits or obligates

the holder of the servient estate, his heirs, and assigns with respect to their use

and management of activities conducted thereon, the object of such limitations and

obligations being the maintenance or enhancement of the natural beauty of the land

in question or of the areas affected by it; provided, however, that nothing herein

contained shall be construed as to affect, without the owner's consent, any normal

or usual use of and or water exercised prior to the acquisition of a scenic easement

therein. h. “ System ” means the New Jersey Wild and Scenic Rivers System established pursuant to this

act. 1

N.J.S.A. § 58:16A-50 et seq.