1019 Conditions for Exceptions
1019.1 General.
Exceptions to specific provisions in 1011, 1013, 1014, 1015, 1016, 1017, and 1018 shall be permitted when an entity determines that any of the following conditions does not permit full compliance with the provision:
1. Compliance is not practicable due to terrain.
2. Compliance cannot be accomplished with the prevailing construction practices.
3. Compliance would fundamentally alter the function or purpose of the facility or the setting.
4. Compliance is limited or precluded by any of the following laws, or by decisions or opinions issued or agreements executed pursuant to any of the following laws:
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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.
Advisory 1019.1 General. Exceptions in the following sections require compliance to the extent practicable when an entity determines that a condition in 1019 does not permit full compliance with a specific provision:
• 1011.2 Exception (clear ground space in alterations to outdoor constructed features);
• 1013.2 Exception (any provision for tent pads and tent platforms);
• 1014.1 Exception 1 (any provision for camp shelters);
• 1015.1 Exception (any provision in alterations to viewing areas);
• 1016.1 Exception 1 (any provision for outdoor recreation access routes in alterations to existing camping facilities, picnic facilities, and trailheads);
• 1016.1 Exception 2 (any provision for outdoor recreation access routes at viewing areas);
• 1017.1 Exception 1 (any provision for trails); and
• 1018.1 Exception 1 (any provision for beach access routes).
Entities should consider all design options before using the exceptions. On outdoor recreation access routes, trails, and beach access routes, the exceptions apply only on the portion of the route where the condition applies. The outdoor recreation access route, trail, or beach access route is required to fully comply with the provisions in 1016, 1017, and 1018, as applicable, at all other portions of the route where the conditions do not apply. There are additional exceptions that apply to an entire trail or beach access route in 1017.1 and 1018.1.
Condition 4 allows the following to be a basis for using the exceptions:
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Opinions issued by the Secretary of the Interior pursuant to the Endangered Species Act stating how a federal agency can implement an action without jeopardizing the continued existence of any endangered species or threatened species, or destroying or adversely modifying the habitat of such species (16 U.S.C. 1536 (b) (3) (A));
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Decisions issued by a federal agency pursuant to the National Environmental Policy Act in actions requiring environmental impact statements stating how it will avoid or minimize environmental harm (42 U.S.C. 4332; 40 CFR 1505.2);
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Agreements executed or decisions issued by a federal agency pursuant to National Historic Preservation Act stating how it will avoid, minimize, or mitigate adverse effects on historical properties (16 U.S.C. 470f and 470h-2; 36 CFR 800.6 (b) (iv) and 800.7 (c) (4)); and
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Provisions in the Wilderness Act that require federal agencies to preserve the wilderness character of designated wilderness areas and prohibit any structure or installation within such areas (16 U.S.C. 1131 (b) and (c)).
Condition 4 also applies where archaeological, cultural, historical, or other significant natural features are eligible for protection under federal, state, or local law.
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