Chapter 38 - ROADSIDE, DRAINAGE, UNUSUAL, AND DISASTER MAINTENANCE

  1. Subchapter 1 - PURPOSE AND SCOPE (§ 16:38-1.1 to 16:38-1.2)
  2. Subchapter 2 - DEFINITIONS (§ 16:38-2.1)
  3. Subchapter 3 - RESPONSIBILITY FOR MAINTENANCE (§ 16:38-3.1 to 16:38-3.5)
  4. Subchapter 4 - RESPONSIBILITY FOR DAMAGE BY A UTILITY (§ 16:38-4.1)
  5. Subchapter 5 - REMOVAL OF VEHICLES, CARGO AND OTHER OBJECTS (§ 16:38-5.1 to 16:38-5.2)

Notes

CHAPTER SOURCE AND EFFECTIVE DATE:
Effective: March 12, 2018.
See: 50 N.J.R. 1165(a).
CHAPTER HISTORICAL NOTE:
Chapter 38, Roadside and Drainage Maintenance, was adopted and became effective prior to September 1, 1969.
Chapter 38, Roadside and Drainage Maintenance, was renamed Roadside, Drainage, Unusual, and Disaster Maintenance; and Subchapter 3, Responsibility for Damage, Subchapter 4, Obstructions to Maintenance Operations, and Subchapter 5, Spilled Cargo on State Highways, were recodified from N.J.A.C. 16:39-1, 2 and 3 by administrative change. See: 27 N.J.R. 4905(b).
Subchapter 4, Obstructions to Maintenance Operations, and Subchapter 5, Spilled Cargo on State Highways, were repealed and Subchapter 4, Removal of Vehicles, Cargo and Other Objects, was adopted as new rules by R.1996 d.424, effective September 3, 1996. See: 28 N.J.R. 3067(a), 28 N.J.R. 4110(b).
Pursuant to Executive Order No. 66(1978), Chapter 38, Roadside, Drainage, Unusual, and Disaster Maintenance, was readopted as R.2000 d.366, effective August 10, 2000. See: 32 N.J.R. 2012(a), 32 N.J.R. 3330(b).
Chapter 38, Roadside, Drainage, Unusual, and Disaster Maintenance, was readopted as R.2006 d.55, effective January 9, 2006. As a part of R.2006 d.55, Subchapter 2, Maintenance of Right-of-Way Prior to Construction, was repealed; Subchapter 3, Responsibility for Damage, was recodified as Subchapter 2; and Subchapter 4, Removal of Vehicles, Cargo, and Other Objects, was recodified as Subchapter 3, effective February 6, 2006. See: 37 N.J.R. 3269(a), 38 N.J.R. 1078(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 38, Roadside, Drainage, Unusual and Disaster Maintenance, was scheduled to expire on July 8, 2013. See: 43 N.J.R. 1203(a).
Chapter 38, Roadside, Drainage, Unusual, and Disaster Maintenance, was readopted as R.2011 d.138, effective April 18, 2011. As a part of R.2011 d.138, Chapter 38, Roadside, Drainage, Unusual, and Disaster Maintenance, was renamed Roadside, Drainage, Unusual and Disaster Maintenance; Subchapter 1, Purpose and Scope, was adopted as new rules; former Subchapter 1, Responsibility for Maintenance, was recodified in part to Subchapter 2 and renamed Definitions; former Subchapter 1, Responsibility for Maintenance, was recodified in part to Subchapter 3 and renamed Responsibility for Maintenance; former Subchapter 2, Responsibility for Damage, was recodified to Subchapter 4 and renamed Responsibility for Damage by a Utility; and former Subchapter 3, Removal of Vehicles, Cargo, and Other Objects, was recodified as Subchapter 5 and renamed Removal of Vehicles, Cargo and Other Objects, effective May 16, 2011. See: 43 N.J.R. 271(a), 43 N.J.R. 1266(a).
Chapter 38, Roadside, Drainage, Unusual and Disaster Maintenance, was readopted with technical changes, effective March 12, 2018. As a part of the readoption, the chapter was renamed Roadside, Drainage, Unusual, and Disaster Maintenance, effective April 16, 2018. See: Source and Effective Date. See, also, section annotations.

CHAPTER AUTHORITY:

N.J.S.A. 27:1A-5, 27:1A-6, and 27:7-1 et seq.

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