Requires DOT to publish information concerning vertical clearances of certain bridges overpassing certain waterways.

A2376

ASSEMBLY, No. 2376

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

Co-Sponsored by:

Assemblyman Peterson

SYNOPSIS

���� Requires DOT to publish information concerning
vertical clearances of certain bridges overpassing certain waterways.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the vertical clearance of certain bridges and
supplementing P.L.1986, c.104 (C.27:5G-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� As used in this
section:

���� �Bridge� means any structure
carrying a highway or roadway across a navigable waterway.

���� �Bridge inspection program�
means any program implemented by the department to oversee the inspection of
bridges in this State, including, but not limited to, the program implemented
by the department to comply with the minimum inspection standards required
under 23 U.S.C. s.144, and the federal regulations adopted thereunder.

���� �Department� means the
Department of Transportation.

���� �Navigable waterway� means any
waterway that is deep enough and wide enough to afford passage to watercraft,
including, but not limited to, canoes or kayaks, during high tide. �This term
shall also include areas of any waterway that are upstream of obstructions,
including, but not limited to culverts, provided that the water course is tidally
influenced in the upstream area.

���� �Vertical clearance� means the
distance between the lowest point of a bridge and the mean high water level of
the underlying navigable waterway.

���� b.��� (1)� When a municipality
is responsible for inspecting any bridge under a bridge inspection program, the
municipality shall submit a written report to the department, as directed by
the department pursuant to subsection d. of this section, detailing the
vertical clearance of the bridge.� The municipality shall submit the written
report to the department within 14 calendar days after an inspection report has
been completed, in accordance with any applicable requirements of the bridge
inspection program, for the bridge.�

���� (2)�� When a county is
responsible for inspecting any bridge under a bridge inspection program, the
county shall submit a written report to the department, as directed by the
department pursuant to subsection d. of this section, detailing the vertical
clearance of the bridge.� The county shall submit the written report to the
department within 14 calendar days after an inspection report has been
completed, in accordance with any applicable requirements of the bridge
inspection program, for the bridge.�

���� (3)�� When the department
retains responsibility for inspecting any bridge under a bridge inspection
program, the department shall determine the vertical clearance of the bridge.�
The department shall include the vertical clearance of the bridge on the
database developed pursuant to subsection c. of this section within 14 calendar
days after an inspection report has been completed, in accordance with any
applicable requirements of the bridge inspection program, for the bridge.

���� c.���� Within 60 calendar days
after the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the department shall develop and
publish, on its official Internet website, a database detailing the vertical
clearances of every bridge in the State, as such information shall be reported
to, or determined by, the department pursuant to subsection b. of this
section.� The department shall update the database, as necessary, except that
the department shall update the database no later than 14 calendar days after
the receipt of any written report submitted by a municipality or county
pursuant to subsection b. of this section.

���� d.��� (1)� The department
shall prescribe the form and manner in which a municipality or county shall
submit the written reports required under subsection b. of this section.�

���� (2)�� When two or more
municipalities and counties share responsibility for the inspection or
maintenance of any bridge under a bridge inspection program, the department
shall provide written notice to each municipality or county, as applicable,
which notice shall indicate the municipality or county that shall be
responsible for the submission of the written report required under subsection
b. of this section for the bridge.

���� 2.��� The Department of
Transportation may adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be
necessary to implement the provisions of this act.

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires the
Department of Transportation (DOT) to develop and maintain an online database,
which details the vertical clearances of bridges in the State that carry a
highway or roadway across any navigable waterway.

���� Under the bill, when a
municipality or county is responsible for inspecting any bridge under a bridge
inspection program implemented by the DOT, the municipality or county would be
required to submit a written report to the DOT detailing the vertical clearance
of the bridge.� Specifically, the bill requires the municipality or county, as
applicable, to submit the written report to the DOT within 14 calendar days
after an inspection report has been completed, in accordance with any applicable
requirements of the bridge inspection program, for the bridge.� The bill also
requires the DOT to determine the vertical clearance of every bridge for which
the DOT retains responsibility to inspect.

���� Using this information, the
bill requires the DOT to develop and publish, on its official Internet website,
a database detailing the vertical clearances of every bridge in the State, as
such information is reported to, or determined by, the DOT. �At a minimum, the
bill requires the DOT to update this database no later than 14 calendar days
after the receipt of every written report submitted by a municipality or county
under the bill.

���� Specifically, the bill defines
�vertical clearance� to mean the distance between the lowest point of a bridge
and the mean high water level of the underlying navigable waterway.