N.J. Admin. Code § 16:41-9.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:41-9.1 - Waivers

(a) The Department shall not grant waivers or other relief from design standards or other provisions of this chapter unless the waiver can be granted without substantial detriment to the safety and operation of the highway and without substantially impairing the intent and purpose of this chapter. Only the Commissioner, not a designee, may grant waivers from fees, but appropriate Department staff shall have authority to waive application requirements or other requirements for applicants.

(b) If an applicant wishes to seek a waiver, the applicant shall submit a completed Department form MT-159, Request for Waiver, as an attachment to the permit application. Form MT-159 is available from the Department's Operations Permit Office or the Department's website at: www.state.nj.us/transportation/business/accessmgt/. The request for waiver shall state reasons why a waiver is appropriate and include documentation to support the waiver.

(c) If a waiver is granted, the Department shall incorporate the waiver approval and any associated conditions into the proposed permit.

(d) Possible bases for waiver requests include, but are not limited to:

1. Existing substandard conditions;

2. Existing social, economic or environmental constraints;

3. Unique character of the area;

4. Unreasonableness of strict application of the requirements of this chapter under particular circumstances;

5. Conflict between the requirements of this chapter and the requirements of:

i. The Pinelands Commission or the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.;

ii. CAFRA;

iii. The Freshwater Wetlands Act, N.J.S.A. 13:9B-1 et seq.;

iv. The Stream Encroachment Act, N.J.S.A. 58:16A-50 et seq.;

v. The Federal Flood Hazard Zone Regulations;

vi. The Delaware River Basin Commission;

vii. The Delaware and Raritan Canal Commission;

viii. The New Jersey Meadowlands Commission;

ix. The Highlands Water Protection and Planning Council or the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.;

x. The Board of Public Utilities;

xi. Utility industry standards;

xii. The Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and N.J.A.C. 2:90, as amended and supplemented; and

xiii. The State Agriculture Development Committee, N.J.A.C. 2:76; and

6. Municipal, county, or other approving agency imposition of conditions beyond the control of the applicant. If this occurs during the Department application process and the applicant provides documentation of these conditions, the Department shall not require a new application and fees as specified in N.J.A.C. 16:41-8.

(e) The grant of a waiver of a particular standard or requirement shall apply only to the specific location requested. It shall not constitute an approval of an application.

(f) Waivers that relate to utilities must also comply with the waiver provisions found at N.J.A.C. 16:25.

N.J. Admin. Code § 16:41-9.1

Adopted by 48 N.J.R. 497(a), effective 3/21/2016