New Jersey Statutes Title 27. Highways 27 § 5G-8

a. The commissioner shall, within six months of the effective date of this act, and following a public hearing, adopt as a regulation under the “Administrative Procedure Act,” P.L.1968, c. 410 (C. 52:14B-1 et seq.), a procedure for the assignment of jurisdiction over railroad overhead bridges to public entities. Public entity includes but is not limited to any officers, department, board, commission, division, agency, authority or instrumentality of the State or of any county or municipality. The regulation shall provide a procedure, in conformity with the “Administrative Procedure Act,” under which all parties affected by the assignment may present evidence. The regulation shall also provide that each assignment shall be made by written order of the commissioner. The commissioner may, pursuant to the “Administrative Procedure Act,” adopt other rules and regulations necessary to effectuate the purposes of this act.

b. In the case of all railroad overhead bridges other than bridges carrying State highways, the commissioner shall not make an order assigning jurisdiction unless: