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2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-11 - Mobility and Transportation Innovation Pilot Program; report, Governor, Legislature.

27:1D-11 Mobility and Transportation Innovation Pilot Program; report, Governor, Legislature.
2. a. There is established in the department the Mobility and Transportation Innovation Pilot Program to award grants to local government units and transit agencies to fund public transportation projects within Mercer County that utilize innovative technologies and strategies to enhance passenger mobility, increase access to public transportation among disadvantaged communities, and reduce greenhouse gas emissions.
b. A local government unit or transit agency may use a program grant to support the provision of new transportation services, the expansion of existing transportation services, or the matching requirements for an otherwise eligible project that receives federal funding. To qualify for a program grant, the transportation project undertaken by the local government unit or transit agency shall:
(1) enable low-income persons, including persons without access to smartphone technology, to access any transportation services made available through the project;
(2) include accessibility features to accommodate the mobility needs of persons with disabilities;
(3) utilize innovative technologies or strategies that have already demonstrated success in similar transportation projects; and
(4) meet any other eligibility criteria established by the department.
c. Any local government unit or transit agency may submit an application to the commissioner for a program grant, provided that the application shall be submitted in a form and manner prescribed by the commissioner. In addition to any other information that the commissioner may deem appropriate, the application shall require the applicant to submit information:
(1) describing the transportation project, including the total anticipated costs of the project, all other sources of project funding, and the requested grant amount; and
(2) demonstrating that the transportation project meets the eligibility criteria for the program.
d. The commissioner shall approve applications for the program on a competitive basis, subject to the availability of funds. The commissioner may award grants to approved applicants in such amounts as the commissioner deems appropriate.
e. Within one year of the effective date of P.L.2023, c.184 (C.27:1D-10 et seq.), the department shall submit a written report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), detailing the operations of the program. At a minimum, the report shall describe each project for which a program grant was awarded, specify the amount of each grant award, and assess the performance of the program.
L.2023, c.184, s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1E-1 - Definitions relative to smart growth in DOT and expedited permits.

27:1E-1 Definitions relative to smart growth in DOT and expedited permits.
6. As used in section 7 of P.L.2004, c.89 (C.27:1E-2):
"Applicant" means any person applying for a permit pursuant to section 7 or 10, as appropriate, of P.L.2004, c.89 (C.27:1E-2 or C.13:1D-146);
"Ombudsman" or "Smart Growth Ombudsman" means the Smart Growth Ombudsman appointed by the Governor pursuant to section 2 of P.L.2004, c.89 (C.52:27D-10.3);
"Permit" means any permit or approval issued by the Department of Transportation pursuant to any law or any rule or regulation adopted pursuant thereto;
"Person" means any individual, corporation, company, partnership, firm, association, owner or operator of a treatment works, political subdivision of this State, or State or interstate agency; and
"Smart growth area" means an area designated pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), a designated center, or a designated growth center in an endorsed plan; a smart growth area and planning area designated in a master plan adopted by the New Jersey Meadowlands Commission pursuant to subsection (i) of section 6 of P.L.1968, c.404 (C.13:17-6); a growth area designated in the comprehensive management plan prepared and adopted by the Pinelands Commission pursuant to section 7 of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-8); an urban enterprise zone designated pursuant to P.L.1983, c.303 (C.52:27H-60 et seq.) or P.L.2001, c.347 (C.52:27H-66.2 et al.); an area determined to be in need of redevelopment pursuant to sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6) and as approved by the Department of Community Affairs; or similar areas designated by the Department of Environmental Protection.
L.2004,c.89,s.6.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-1 - Road contracts

27:2-1. Road contracts
a. When the cost of constructing, reconstructing or resurfacing any State, county or municipal road, street or highway, or portion thereof, will exceed $7,500.00 or the amount determined pursuant to subsection b. of this section, the specifications and their adoption and the award of the contract therefor shall be subject to the provisions of this chapter.
b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L. 1985, c. 469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify every governing body in charge of approving contracts for work on public thoroughfares specified in subsection a. of this section of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.
Amended by L. 1959, c. 110, p. 520, s. 1; L. 1985, c. 469, s. 3, eff. Jan. 16, 1986.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-2 - Types of material and construction; alternative bids

27:2-2. Types of material and construction; alternative bids
The body having charge of the work may adopt plans and specifications calling for more than one type of material and construction, and if more than one type is specified bids shall be asked for, on the types specified, in the alternative, but individual bidders shall not be required to submit bids on more than one type of material or construction.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-3 - Type of material selected; award to lowest bidder

27:2-3. Type of material selected; award to lowest bidder
After bids are received by the body having control of the work, it shall then select the type of material or construction which under all the circumstances is considered most suitable for the work and shall make the award to the lowest responsible bidder on the type of construction so selected.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-4 - Inviting bids on patented paving; other pavements

27:2-4. Inviting bids on patented paving; other pavements
If a patented, proprietary pavement or paving material, or ingredients used in paving, is included in the specifications, the body having charge of the work shall not only specify such type of construction, but shall also place in the specifications one or more equivalent types of construction upon which no patent exists, or upon which there is no proprietary right or condition, as an alternate type, and bids shall be asked for on the various types so specified. The award shall be made to the lowest responsible bidder on the types of construction so placed in competition.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-5 - Specifications to make fair competition

27:2-5. Specifications to make fair competition
In selecting alternate pavements for competition with each other the public body in charge of the work shall require the specifications to be so drawn that the competition is in every way fair and reasonable, and, so far as the engineering conditions will permit, the base to be used under the various types of pavement shall be of the same general character, and, so far as the engineering conditions will permit, of the same thickness and width, irrespective of the thickness of the surface pavement. In this particular the judgment of the public body shall be final.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-6 - Bituminous cements; variations allowed

27:2-6. Bituminous cements; variations allowed
When the ingredients used as a cement are bituminous in character, in alternates the same general type of bituminous cement shall be used in both the patented and proprietary pavements and the unpatented or nonproprietary pavements, the only variations permitted in this particular being the natural variations which are inevitable in the proper fluxing and blending of cements of a bituminous character for distinctive types of pavement, or where the bituminous cement is subjected to mechanical oxidation and to the impregnation of filler or other fine material by mechanical means subsequent to the original distillation.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-7 - Width and surface of competitive pavements to coincide

27:2-7. Width and surface of competitive pavements to coincide
When a patented, proprietary or controlled pavement is used in alternate competition with unpatented, nonproprietary and non-controlled pavements, the width of the pavements for each type shall be the same and the extent in square yards of surface of each type in the competition shall be the same.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-9 - Renegotiation of contract with Commissioner of Transportation

27:2-9. Renegotiation of contract with Commissioner of Transportation
Any person awarded a contract by the Commissioner of Transportation for the construction, reconstruction or resurfacing of any State, county or municipal road, street or highway, or portion thereof, which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever:
a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection, in conjunction with the Board of Public Utilities, directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or
b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded.
L.1989, c.236, s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:2-8.1 - Contracts, public highway, local road projects, recycled materials, maximum percentage, total pavement mixtures; definitions.

27:2-8.1 Contracts, public highway, local road projects, recycled materials, maximum percentage, total pavement mixtures; definitions.
1. a. Notwithstanding any law, rule, or regulation to the contrary, when entering into a contract for a public highway project or a local road project, the Department of Transportation or the local contracting unit, as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall authorize the contracted party to use recycled materials constituting a maximum of 35 percent, by weight, of the total pavement mixture for base and intermediate pavement courses, and a maximum of 20 percent, by weight, of the total pavement mixture for surface pavement courses, provided that, prior to the installation of asphalt mixtures containing reclaimed asphalt pavement, the contractor for the public highway project or local road project contracted pursuant to this section shall provide a mix design for approval to the Department of Transportation, which consists exclusively of materials, reclaimed asphalt pavement, mixtures, binders, and aggregates that meet or exceed the mix design specifications provided by the Department of Transportation.
b. Nothing in this section shall be deemed to prohibit a local contracting unit from electing, in its discretion, to allow a party contracted for the purposes of a local road project, which does not receive State funds, to use reclaimed asphalt pavement, for the purposes of the project, at higher maximum percentage rates than the rates established pursuant to this section.
c. All reclaimed asphalt pavement used pursuant to subsection b. of this section shall consist of only materials, mixtures, binders, and aggregates that have been approved under current Department of Transportation standard specifications.
d. As used in this section:
"Public highway" means public roads, streets, expressways, freeways, parkways, motorways, and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, bicycle and pedestrian pathways, and pedestrian and bicycle bridges traversing public highways and any facilities, equipment, property, rights of way, easements, and interests therein needed for the construction, improvement, and maintenance of highways.
"Local road project" means a transportation infrastructure project that is authorized by a county or municipality and involves the construction, repair, renovation, restoration, replacement, or extension of a highway, as defined by R.S.39:1-1, which is owned, controlled, or maintained by the county or municipality.
L.2023, c.160, s.1.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-1 - Establishment of detour upon necessity

27:3-1. Establishment of detour upon necessity
When a road is being constructed, reconstructed or undergoing extraordinary repairs under the authority and direction of the board of chosen freeholders of a county, or the state highway commissioner, or by them jointly, and by reason thereof the road is closed to or rendered unfit for public travel, the body under whose authority and supervision the work is being done may provide a detour or detours over any other roads in the county, when the work is being done by the board of chosen freeholders, and over any other roads in the state when the work is being done by the state highway commissioner.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-2 - Improvement of detour roads; consent required

27:3-2. Improvement of detour roads; consent required
In providing detours the board of chosen freeholders or the state highway commissioner may expend money on roads used as detours so as to place them in fit condition for public travel, provided they first obtain from the body having control and supervision of them, consent to make the repairs.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-3 - Resolution declaring necessity for detours; cost of repair and maintenance

27:3-3. Resolution declaring necessity for detours; cost of repair and maintenance
When the work contemplated by section 27:3-1 of this title will necessitate the providing of detours over other roads, the board of chosen freeholders may pass a resolution setting forth the fact that detours are necessary, naming the roads to be used, and setting forth the amount of money necessary to put the detours in proper condition for travel and to maintain them during the necessary period. When the state is engaged in any work requiring such detours the determination of the necessary facts shall be made by the state highway commissioner.
The cost of repairing and maintaining the detours during that period may be included in and considered a part of the cost of construction, reconstruction or extraordinary repairs, and bonds or other obligations may be issued therefor in the same manner as for the construction, reconstruction or extraordinary repairs, and may be included in the same issue and as part thereof.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-4 - Repair and maintenance of detour roads

27:3-4. Repair and maintenance of detour roads
The repair of roads used as detours and their maintenance during the necessary period may be included in the original contract for construction, reconstruction or extraordinary repairs, or may be let by separate contract, or the roads so used may be repaired and maintained as state and county roads are repaired and maintained, as the body authorizing the work may elect.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-5 - State's contribution for detour roads

27:3-5. State's contribution for detour roads
The state highway commissioner may contribute to any county for the purposes of this article any money that may come into his hands to be used for construction, reconstruction or extraordinary repairs, and may certify and set forth in writing to the board of chosen freeholders the amount of money he will give for the purpose of providing and maintaining detours, and the manner and method in which the sum so contributed shall be used, and may formulate such rules and regulations for the expenditure of the money as he may deem necessary. Money so contributed shall be used only for the purpose for which it is contributed, and expended under the authority and direction of the board of chosen freeholders of the county to which the contribution is made.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-7 - Selection of route; control

27:3-7. Selection of route; control
The detour road so selected shall be the shortest practicable route from and to the road temporarily closed, and the governing body selecting it shall have full and complete jurisdiction over it, except as hereinafter provided, so long as it shall be used as a detour road.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-11 - Cost of repair and maintenance

27:3-11. Cost of repair and maintenance
The cost of repairing and maintaining detour roads as required by section 27:3-6 of this title shall be borne by the governing body required to maintain and repair them, and shall be a part of the cost of the construction, repair or reconstruction which necessitated the use of a detour.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3-12 - Failure to provide or maintain detour; violations reported; remedy

27:3-12. Failure to provide or maintain detour; violations reported; remedy
When, in the opinion of the governing body of the municipality having original jurisdiction over a road or highway selected as a detour road, any other governing body fails or neglects to comply with the provisions of section 27:3-6 of this title with respect to a road or highway within its original jurisdiction it shall report the violation to the state highway engineer, who shall investigate it and, if he finds a violation, issue an order to the public authority hereby charged with the maintenance and repair of the detour road, directing it to make repairs to or to maintain the detour in the manner and within the time indicated in the order.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3A-1 - Purpose of act

27:3A-1. Purpose of act
For the purposes of this act, "State, county or municipal highway or road" means any public street, thoroughfare, roadway, bridge, traffic circle, tunnel, overpass, interchange, and way in this State open to the use of the public as a matter of right for the purpose of vehicular travel, which has been constructed, taken over, or is owned, controlled, or maintained by the State or a county or municipality thereof.
L.1983, c. 84, s. 1.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3A-2 - Signs; advance notice; information to agency

27:3A-2. Signs; advance notice; information to agency
Whenever a State, county or municipal highway or road shall be closed for any reason, either continuously or during certain hours, to vehicular traffic over a period of 48 hours or longer, necessitating the interruption of the flow of any or all traffic by detour, rerouting or diversion, the governing body or agency closing the highway or road shall cause the erection and maintenance of signs at such points at or near the affected area as it deems advisable, at least 72 hours in advance of the closing. The signs shall name the highway or road to be closed and the anticipated dates and times of closing. This information shall also be sent in writing by the governing body or agency at least 1 week prior to the closing to the municipality wherein the affected highway or road is located.
L.1983, c. 84, s. 2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:3A-3 - Emergency closing; notice

27:3A-3. Emergency closing; notice
Should the governing body or agency closing the highway or road determine that an emergency condition exists requiring the immediate closing of a State, county or municipal highway or road for a period of 48 hours or longer, the notice requirements of this act need not be given within the prescribed time periods, but every effort shall be made to notify the public as soon as possible of the closing.
L.1983, c. 84, s. 3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:4-1 - Vacation of unused roads

27:4-1. Vacation of unused roads
When a public road or highway or portion thereof laid out over one or more tracts of land by the surveyors of the highways shall have been unworked and unused for a period of not less than twenty years, it shall be vacated if and when the owner or owners of the lands over which it was laid out shall have filed in the office of the clerk of the county wherein the road lies, their assent in writing to such vacation, proven or acknowledged before an officer authorized to take the proof and acknowledgment of deeds and indorsed by him with his certificate.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-6 - Findings, declarations

27:5-6. Findings, declarations
2. The Legislature finds and declares that:
a. In order to balance the promotion of the safety, convenience and enjoyment of travel on the highways of this State with the protection of the recreational value and public investment therein, to preserve and enhance the natural scenic beauty and aesthetic features of the highways and adjacent areas while promoting development and economic vitality and facilitating the flow of speech and expression, of which providing messages of commercial, public and social value conveyed through the medium of roadside signs and outdoor advertising is an important part, roadside signs and outdoor advertising shall be regulated by this act.
b. With respect to the erection and maintenance of signs adjacent to the rights-of-way of the Interstate and Primary Systems within this State, it is the intention of the Legislature to provide a basis in the laws of this State for the regulation of roadside signs and outdoor advertising consistent with the public policy relating to those areas declared by the Congress of the United States in Title 23 of the United States Code and reflecting statutory enactments and judicial decisions of this State.
c. Supervision and regulation of signs and outdoor advertising, pursuant to the provisions of this act, shall be the responsibility of the Commissioner of Transportation and any person who creates or maintains any signs visible to the public shall be subject to the permitting and licensing provisions of this act and any regulations adopted by the Department of Transportation pursuant to this act.
L.1991,c.413,s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-8 - License, permit required; public hearing.

27:5-8 License, permit required; public hearing.
4. a. A person shall not erect, maintain or make available to another a roadside sign, or engage in the business of outdoor advertising for profit through the rental or other compensation received for the erection, use or maintenance of signs or other objects upon real property for the display of advertising matter on any stationary object within public view without first obtaining from the commissioner a license to engage in that business, and a permit for the erection, use and maintenance of each sign or other object used for outdoor advertising, except as provided in this act. A permit issued to a person required to obtain a license under this act shall not be valid unless the person has obtained a license which is in full force and effect.
b. Notwithstanding any provision of law to the contrary, the commissioner shall not issue a permit, other than a conditional permit, for a new outdoor advertising sign required to be permitted pursuant to P.L.1991, c.413 (C.27:5-7 et seq.) unless a public hearing has been held in accordance with the provisions of section 6 of P.L.1975, c.291 (C.40:55D-10) and, where the permit applicant is a private entity, all relevant approvals required by the municipality have been received by the private entity seeking the permit.
L.1991,c.413,s.4; amended 2004, c.42, s.4.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-9 - Requirements for a permit.

27:5-9 Requirements for a permit.
5. Signs permitted by this act shall be by permit from the commissioner pursuant to conditions consistent with the regulations of the commissioner, and the following:
a. A sign may not attempt or appear to attempt to direct the movement of traffic or interfere with, imitate, or resemble any official traffic sign, signal or device, or include or utilize flashing, intermittent or moving lights, or utilize lighting equipment or reflectorized materials which emit or reflect colors, including, but not limited to, red, amber or green, except as may be authorized by the commissioner or by agreement between the commissioner and the Secretary of Transportation of the United States.
b. A sign may not interfere or be likely to interfere with the ability of the operator of a motor vehicle to have a clear and unobstructed view of the highway ahead or of official signs, signals or traffic control devices.
c. Illumination of a sign shall be effectively shielded so as to prevent light from being directed at any portion of the main-traveled way of the highway, or, if not so shielded, be of a sufficiently low intensity or brilliance as not to cause glare or impair the vision of persons operating motor vehicles on that highway, or otherwise impair the operation of a motor vehicle.
d. Signs shall be maintained in a safe condition with due regard for conditions of climate, weather and terrain, and as a condition of continued use or permit renewal, unsafe signs shall be remediated by maintenance or repair.
e. A sign may not be of a type, size, or character so as to endanger or injure public safety, health or welfare, or be injurious to property in the vicinity thereof.
f. A sign may not be painted, drawn, erected or maintained upon trees, rocks, other natural features or public utility poles.
g. Signs for which a permit has been issued shall display in a conspicuous position on the sign or its supporting structure, the name of the person holding the permit.
h. A sign or other object shall not in any way simulate any official, directional, traffic control or warning signs erected or maintained by any governmental agency.
i. A sign for which a permit is issued shall display in a conspicuous position on the sign a safety and quality assurance seal in compliance with subsection b. of section 5 of P.L.2019, c.84 (C.34:15B-44).
L.1991, c.413, s.5; amended 2019, c.84, s.1.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-9.1 - Billboard, outdoor advertising sign; subject to regulation.

27:5-9.1 Billboard, outdoor advertising sign; subject to regulation.
2. Any billboard or outdoor advertising sign licensed and permitted pursuant to the "Roadside Sign Control and Outdoor Advertising Act," P.L.1991, c.413 (C.27:5-5 et seq.), and proposed to be erected on or above any State right-of-way or any real property of the department shall be subject to local government zoning ordinances, applicable local government building permit requirements, and in the pinelands area, shall be subject to the provisions of the comprehensive management plan prepared and adopted by the Pinelands Commission pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8), and in the Highlands Region, shall be subject to the provisions of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.), any rules and regulations adopted pursuant thereto, and the Highlands regional master plan adopted by the Highlands Water Protection and Planning Council pursuant to section 8 of that act .
L.1997,c.144,s.2; amended 2004, c.120, s.57.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-10 - Signs prohibited in right-of-way of Interstate and Primary Systems

27:5-10. Signs prohibited in right-of-way of Interstate and Primary Systems
6. No sign shall be erected or maintained within the right-of-way of any portion of the Interstate and Primary Systems within this State, except that this prohibition shall not apply to signs, public notices, or markers, erected or maintained by the department or with the approval of the department.
L.1991,c.413,s.6.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-11 - Exceptions for certain roadside signs.

27:5-11 Exceptions for certain roadside signs.
7. a. No permit shall be issued by the commissioner for roadside signs to be erected or maintained in any protected area visible from the main-traveled way of any Interstate or Primary System highway within the State, except as provided herein.
(1) In protected areas, only the following signs shall be permitted, subject to the regulations of the commissioner:
(a) Directional and other official signs and notices which are required or authorized by law, and which conform to national standards promulgated by the Secretary of Transportation of the United States.
(b) Signs located in zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way, any part of which was acquired on or before July 1, 1956.
c. Signs advertising activities conducted on the property on which they are located.
(2) In portions of protected areas on the Interstate System the following may also be permitted:
(a) Signs located in commercial or industrial zones within the boundaries of incorporated municipalities as those boundaries existed on September 21, 1959, and all other areas where the land use as of September 21, 1959 was clearly established by State law as commercial or industrial within 660 feet of the nearest edge of the right-of-way.
(b) Signs located in zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way, any part of which was acquired on or before July 1, 1956.
(3) In protected areas on the Primary System, the following signs may also be permitted:
(a) Signs located in areas which are zoned industrial or commercial under the authority of State law.
(b) Signs located in areas determined to be industrial or commercial pursuant to State law.
b. No permit shall be issued by the commissioner for signs to be erected or maintained in any other area not covered by paragraphs (1), (2) and (3) above, except that permits for the following signs may also be permitted:
(1) Signs located in areas which are zoned industrial or commercial under the authority of State law.
(2) Signs located in areas determined to be industrial or commercial pursuant to State law.
c. In those instances where the commissioner deems it is in the public interest, he may issue a permit for a sign on public property which would not otherwise be permitted under the provisions of this act, and impose conditions as he deems appropriate, provided, however, that the State House Commission shall have previously reviewed and approved the issuance of such a permit.
L.1991,c.413,s.7; amended 2004, c.42, s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-12 - Exceptions for certain other signs or devices.

27:5-12 Exceptions for certain other signs or devices.
8. Unless otherwise provided for in P.L.1991, c.413 (C.27:5-5 et seq.), no permit shall be required for the use, maintenance, or erection of a sign or other device which is to be used solely for any of the following purposes:
a. to advertise exclusively for sale or rent the property upon which the sign or other device is located;
b. for notices required by law to be posted or displayed;
c. for any official sign established pursuant to the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways erected on any public highway by the public authority having jurisdiction over that public highway;
d. for signs which are not adjacent to an Interstate System or Primary System highway and which advertise activities conducted upon the property on which they are located;
e. for signs attached to street furniture that:
(1) are located in areas that are not protected areas;
(2) have been approved by the municipality in which they are located; and
(3) comply with all applicable requirements of section 5 of P.L.1991, c.413 (C.27:5-9); or
f. for any sign erected or maintained by the commissioner.
L.1991, c.413, s.8; amended 2019, c.495, s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-13 - Licenses or permits; application, revocation

27:5-13. Licenses or permits; application, revocation
9. a. Applications for licenses or permits shall be made on forms prescribed and furnished by the commissioner.
b. If an applicant for a license does not reside in this State or is a foreign corporation not authorized to do business in this State, the applicant shall:
(1) Authorize in the application service by the commissioner of any process, notice or order issuing out of or by any court, administrative agency or official of this State upon the applicant, and shall agree that such service be deemed to be personal service upon such applicant. The applicant shall provide in the application the name and address of the agent to receive service on behalf of the applicant. Notice of the service of process shall be given by the commissioner to the applicant by certified mail, return receipt requested, addressed to the applicant at the address given in the application, or another address of which the commissioner has been notified in writing by the applicant; and
(2) File a bond satisfactory to the commissioner as to form and surety running to the State of New Jersey in the sum of $5,000, conditioned upon compliance by the applicant with all the provisions of this act. Upon default in the condition of such bond, the commissioner may enforce the collection thereof in any court of competent jurisdiction.
c. The commissioner may revoke, after notice and hearing, any permit or license if the commissioner finds that any statement made in an application therefor is materially false and any permit if the commissioner finds that a sign has been erected or maintained contrary to the approved application, or to any provision of this act, or to any of the regulations promulgated hereunder, and has not been brought into compliance therewith within 30 days after receipt of written notification of the intended revocation to the person to whom the license or permit was issued.
d. If an administrative hearing is requested or other legal action is commenced by the person to whom the license or permit was issued within 15 days of the receipt of the notice of the intended revocation, the period of time in which to comply with this act and these regulations and cure the violation complained of in the notice may be stayed pending a final disposition of the administrative or legal proceeding and, in the event the commissioner prevails, the person to whom the license or permit was issued shall have 20 days from receipt of the final decision to comply.
L.1991,c.413,s.9.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-14 - Licenses or permits; renewals

27:5-14. Licenses or permits; renewals
10. a. Renewal of any license or permit issued after the effective date of this act may be refused for any ground sufficient for the revocation of a license or permit.
b. Licenses and permits for signs erected and maintained with a valid license or permit issued before the effective date of this act shall be renewed unless the commissioner finds that a statement made in the license or permit application is materially false or the sign has been erected or maintained contrary to the terms of the issued license or permit, in the event of which the commissioner may take any appropriate action under the authority of this act.
L.1991,c.413,s.10.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-15 - Violations of act; notice; removal

27:5-15. Violations of act; notice; removal
11. a. Any sign or other object used for the display of outdoor advertising which is not authorized by a valid permit or specifically exempted from the requirement for a permit, or in violation of the provisions of this act, is declared unlawful. No person shall use, erect or maintain any sign or other object for the display of outdoor advertising after the expiration of this license and in the case of any sign, after the expiration of the permit for that sign.
b. Written notice to remove the sign shall be given by the commissioner to the following persons at their last known address: the person holding the permit therefor and, if none, or if the address of the person to whom the permit was issued is not known, the owner of the real property on which the sign is located and the owner of the sign, any of whom shall be required to remove the sign within 30 days of receipt of the notice.
c. Upon failure to comply with the terms of the notice, the sign may be removed by order of the commissioner, unless a hearing has been requested by the person to whom notice has been given, or other legal action has been commenced which restrains this removal.
d. If the commissioner cannot ascertain the owner of the property or the owner of the sign for which a permit has not been issued, the commissioner may remove the sign 30 days after posting notice on the sign. Thereafter, the commissioner may enter upon private property without liability in order to remove the sign and may recover, from the owner or the person who unlawfully erected the sign, the cost of its removal or the amount of $500, whichever is greater.
e. The commissioner may institute any appropriate action or proceeding in a court of competent jurisdiction for the removal of a sign if the sign is not brought into compliance within the 30 days following written notification pursuant to subsection b. of this section.
L.1991,c.413,s.11.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-16 - Penalties

27:5-16. Penalties
12. A person who erects or maintains a sign or other object for outdoor advertising, or authorizes his name to be used in connection therewith, without complying with the provisions of this act, or the regulations issued thereunder, shall be liable for a penalty in an amount not less than $50 or to exceed $500, for each offense. Each day of violation may be deemed to be a separate offense. The nature and circumstances of the violation, the conduct of the violator in connection with the violation and the revenue derived from the violation shall be factors to be considered in the assessment of the amount and accrual of the penalty.
L.1991,c.413,s.12.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-17 - Enforcement by commissioner

27:5-17. Enforcement by commissioner
13. Any penalty imposed pursuant to this act may be collected, with costs, in a summary proceeding pursuant to "the penalty enforcement law," N.J.S. 2A:58-1 et seq. The Superior Court or municipal court in the county or municipality where the violation occurs or where the violator resides, has a place of business or principal office shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act. The commissioner may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act, or any order issued, or rule or regulation adopted pursuant to this act.
L.1991,c.413,s.13.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-18 - Rules and regulations

27:5-18. Rules and regulations
14. a. The commissioner may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act provided that a public hearing on the proposed rule or regulation shall be held with appropriate notice as provided in that act. These regulations shall include, but shall not be limited to: licensing and permitting fees; duration of licenses and permits; spacing, size, specifications and lighting of signs; procedures for referral of contested cases to the Office of Administrative Law; and other requirements pertaining to the issuance or denial of licenses and permits or for the erection or maintenance of signs, and other matters necessary to effectuate the purposes of this act. The commissioner also may adopt regulations governing new or innovative forms of signs so that they may be made to conform with the intent and purposes of this act.
b. In adopting regulations pursuant to this act, the commissioner shall give due consideration to:
(1) The safety, convenience and enjoyment of travel on the highways and to the public investment in those highways;
(2) The type of information needed by the traveling public when using those highways;
(3) Outdoor advertising industry standards, practices and technological advances;
(4) Promotion of safety and aesthetics through modernization, technological improvements and innovative construction, design and maintenance;
(5) The economic benefit of outdoor advertising to the commerce of this State; and
(6) The needs of the citizens of and travelers within the State to have access to commercial and non-commercial messages and ideas displayed by roadside signs.
L.1991,c.413,s.14.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-19 - Fees, penalties for administration of act; fees in addition to other excises.

27:5-19 Fees, penalties for administration of act; fees in addition to other excises.
15. a. Moneys received from fees and penalties collected pursuant to this act shall be deposited with the State Treasurer, and shall be disbursed to the department to defray the expenses of administering the provisions of this act. Moneys received pursuant to the schedule of fees adopted by the commissioner shall not exceed the cost of administering the provisions of this act.
b. The fees prescribed by this act shall be in addition to all other governmental fees or excises for signs, or the carrying on of the business of outdoor advertising by means of signs.
L.1991,c.413,s.15; amended 2003, c.124, s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-20 - State, federal agreements

27:5-20. State, federal agreements
16. The commissioner is authorized to enter into agreements with the Secretary of Transportation of the United States, as provided pursuant to Title 23 of the United States Code relating to the control of signs, and to take action in the name of the State to comply with the terms of agreements. The commissioner is authorized to receive and expend federal or State funds in furtherance of these agreements.
L.1991,c.413,s.16.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-21 - Acquisition of property by the State

27:5-21. Acquisition of property by the State
17. The commissioner is authorized to acquire by gift, lease, purchase or condemnation, real and personal property, or the right to maintain signs for the purpose of implementing this act. The cost of the acquisition shall be considered as a part of the cost of a highway right-of-way. All persons whose sign and property or interest in property is purchased or otherwise acquired, except by gift to the State, shall receive just compensation therefor.
L.1991,c.413,s.17.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-22 - Safety rest areas, informational sites

27:5-22. Safety rest areas, informational sites
18. The commissioner is authorized to designate certain roadside areas as "safety rest areas" or "informational sites" and to regulate these sites. Safety rest areas or informational sites are hereby declared to be a "highway purpose" under the laws of this State.
L.1991,c.413,s.18.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-23 - Duty of law enforcement

27:5-23. Duty of law enforcement
19. a. It shall be the duty of all departments of State or local government and all county and municipal officers charged with the enforcement of State and municipal laws under the direction of the commissioner to assist in the enforcement of the provisions of this act and the orders issued, or rules or regulations adopted pursuant to this act.
b. The Superintendent of State Police in the Department of Law and Public Safety and the Chief of Police of any municipality are authorized and charged under the direction of the commissioner to enforce the provisions of this act and any rules or regulations adopted pursuant thereto.
L.1991,c.413,s.19.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-24 - Effect of existing rules, regulations

27:5-24. Effect of existing rules, regulations
20. a. Any rules or regulations adopted by the commissioner concerning outdoor advertising that are in effect prior to the effective date of this act shall remain in effect until they are revised or superseded by regulations adopted by the commissioner pursuant to this act.
b. Following the effective date of this act and prior to the adoption of regulations pursuant to this act, the commissioner shall have the power and authority to waive or suspend enforcement of any existing rule or regulation which the commissioner deems inconsistent with the provisions of this act.
L.1991,c.413,s.20.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-25 - Effect on existing signs

27:5-25. Effect on existing signs
21. A sign erected and maintained with a valid permit issued before the effective date of this act, which does not comply with this act or the rules or regulations adopted pursuant hereto, may continue to be maintained, repaired and restored at the size, location, height, and setback set forth in the permit, including in the event of the partial destruction thereof, without limitation as to time, unless it is totally destroyed or abandoned, or the commissioner finds, pursuant to the authority granted under subsection b. of section 10 of this act, any grounds for revocation of the permit.
L.1991,c.413,s.21.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:5-26 - Effect on local ordinances or regulations

27:5-26. Effect on local ordinances or regulations
22. This act shall not be construed to limit the powers of any political subdivision of this State to regulate land, streets, buildings or structures by zoning or other means, or to prohibit the enforcement of local ordinances or regulations in a manner consistent with the purposes of this act. In the event of conflict between the provisions of this act, or the regulations promulgated pursuant hereto, and an ordinance or regulation of an incorporated political subdivision of this State, the provisions of this act, or regulations promulgated pursuant hereto shall prevail to the extent necessary to permit the State to carry out the policy as declared herein, or to permit the State to comply with the terms of any agreements entered into pursuant to the provisions of this act.
L.1991,c.413,s.22.