N.J. Admin. Code § 16:47-1.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:47-1.2 - Scope

(a) This chapter provides for the regulation of access to the State highway system through the issuance of an access permit. Access permits may be revised or revoked.

(b) State highway access will be allowed subject to the provisions of this chapter. Non-State highway access may be required when that non-State highway access will improve the safety and efficiency of the State highway. State highway access may be denied when non-State highway access is available. The governmental agency having jurisdiction and control of a road providing non-State highway access shall not prohibit the non-State highway access, but may seek appropriate mitigation from the lot or site owner associated with the traffic using the non-State highway access.

(c) In accordance with the State Highway Access Management Act, the Department may acquire, by purchase or condemnation, any right of access to any State highway after determining that it is necessary to protect the public health, safety, and welfare. In addition, the Department may revise or revoke an access permit after determining that alternative access will be made available which meets the standards set forth in this chapter for the lot or site served by the access permit and that this action would be consistent with the purposes of the State Highway Access Management Act. Further, the Department may build new roads or acquire access easements to provide alternative access to an existing developed lot or site that has no other means of access to any street other than a State highway.

(d) The Department may adjust, modify, or remove a driveway or a street that provides access to the State highway to further the purposes of this chapter. This work may be done in conjunction with State highway projects advanced by the Department or others with Department approval, or through separate access projects. The Department will provide alternative access if it makes such alterations.

N.J. Admin. Code § 16:47-1.2

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018