N.J. Admin. Code § 16:47-8.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:47-8.1 - General requirements

(a) A lot or site owner shall apply for and obtain an access permit, pursuant to the provisions of this chapter, before undertaking any of the activities listed in this subsection.

1. Constructing one or more driveways or streets intersecting a State highway, including emergency driveways;

2. Changing any existing driveway or street intersecting a State highway, whether within or outside the State highway ROW including, but not limited to, addition of a traffic signal, street closures, changing the number of lanes, driveway removals, changing the width of a driveway, changing the location of a driveway, and changing oneway/two-way operations;

3. Expanding the land use on a lot or site having one or more existing driveways or streets connecting to a State highway, to the extent that a significant increase in traffic results;

4. Changing the use on a lot or site having one or more existing driveways or streets connecting to a State highway, to the extent that a significant increase in traffic results;

5. Subdividing a lot fronting on a State highway, or consolidating two or more lots, at least one of which fronts on a State highway;

6. Constructing a temporary driveway fronting on a State highway;

7. Initiating any activity that may interfere with the free and safe movement of traffic on a State highway; and

8. Increasing the number of trips between a State highway and a private street to the extent that a significant increase in traffic results.

(b) Access permits are issued to a lot or street, not individual driveways. Access permits remain valid if lot ownership changes.

(c) A lot or site owner does not need a new access permit to perform maintenance or in-kind replacement. Other Department-issued permits may be needed as referenced in N.J.A.C. 16:47-8.6.

(d) Nothing in this chapter shall preclude review of an access application by the Department at the same time that a lot or site owner is before a municipality or county for local approvals. A lot or site owner may seek access approval from the Department or local approvals in whichever order the owner prefers.

(e) Copies of access permits shall be available upon request from the appropriate permits office.

N.J. Admin. Code § 16:47-8.1

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