7.1 Conditions for an Exception
Where one or more of the following conditions exists on a trail, an “exception” provided in the guidelines for that specific technical requirement can be used where that condition exists. The exception shall not be used on the portion of the trail where the condition does not exist. If no exception is provided for the technical requirement, no exception is allowed. All other appropriate design options should be considered before applying the exception.
Condition for an Exception 1. Where compliance with the technical provision is not practicable due to terrain.
Condition for an Exception 2. Where compliance with the technical provision would fundamentally alter the function or purpose of the facility, trail, or the setting.
Condition for an Exception 3. Where compliance with the technical provision cannot be accomplished with the prevailing construction practices.
Condition for an Exception 4. Where compliance is precluded because the cultural, historic, or significant natural features are eligible for protection under Federal, State, or local law by:
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Endangered Species Act (16 U.S.C. §§ 1531 et seq.);
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National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.);
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National Historic Preservation Act (16 U.S.C. §§ 470 et seq.);
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Wilderness Act (16 U.S.C. §§ 1131 et seq.); or
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Other Federal, State, or local law the purpose of which is to preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or other significant natural features.
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