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Section 1019 Conditions for Exceptions
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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:
- Compliance is not practicable due to terrain.
- Compliance cannot be accomplished with the prevailing construction practices.
- Compliance would fundamentally alter the function or purpose of the facility or the setting.
- 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:
- • Endangered Species Act (16 U.S.C. §§ 1531 et seq.);
- • National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.);
- • National Historic Preservation Act (16 U.S.C. §§ 470 et seq.);
- • Wilderness Act (16 U.S.C. §§ 1131 et seq.); or
- • 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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