N.J. Admin. Code § 16:47-3.17

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

Section 16:47-3.17 - Department actions

(a) For access levels 2 through 6 along a State highway, paragraphs (a)1 and 2 below apply.

1. The Commissioner may modify a proposed access or deny an access permit application otherwise in conformance with this Access Code if site-specific highway efficiency and safety considerations so warrant.

2. Nothing set forth in this Access Code shall be interpreted as requiring the Department at its own expense to signalize, construct or improve access points on the State highway system or make other improvements related thereto.

(b) The Department may build new roads or acquire access easements, by purchase or condemnation, to provide alternative access to existing developed lots which have no other means of access except to a State highway.

(c) The Department may acquire, by purchase or condemnation, any right of access to any highway upon a determination that the public health, safety and welfare require it.

(d) Traffic control features and devices in the Department's right-of-way, including, but not limited to, traffic signals, channelizing islands, medians, and median openings, are operational and safety characteristics of the State highway and are not means of access. At any access point, the Department may install, remove, or modify any present or future traffic control feature or device in the Department's right-of-way to promote efficient traffic operations on the State highway or traffic safety in the Department's right-of-way.

N.J. Admin. Code § 16:47-3.17