Sec. 05.01.06.05. Extraordinary Projects

The Department may fund a project even if the project cannot meet the requirements in Regulation .04 of this chapter, if the project is determined to:

A. Be warranted by extraordinary circumstances, defined as circumstances that:

(1) Require emergency action, or

(2) Provide a unique opportunity to promote the purposes of the unit and the State Growth Policy; and

B. Have no reasonably feasible alternative, defined as an alternative that:

(1) Is capable of being carried out,

(2) Is readily identifiable by the unit,

(3) Is reasonably related to and will carry out the purposes of the State Growth Policy,

(4) Has reasonably ascertainable effects distinguishable from and less environmentally damaging than the project proposed,

(5) Is within the expertise of the unit or other State units,

(6) Can be implemented practically and effectively, not remotely or speculatively, and

(7) Is realistic and reasonably available within the time the unit intends to act.