The department shall waive all additional requirements for a highway occupancy permit in a fifth through eighth class county when all of the following conditions exist:
(1) The State highway has an overall width of at least 33 feet.
(2) Not more than 25 combination vehicles per week will access the highway.
(3) The lack of sufficient land is not the result of a subdivision within ten years by the applicant.
(4) The waiver is necessary for the expansion or creation of an agricultural operation which lacks other highway access points that could be permitted without waiver.
(5) The applicant does not hold fee simple title to land necessary to provide access without this waiver.
(6) The State highway has an average daily travel of less than 6,500 vehicles per day.
(7) The highway access point has a sight distance of at least 500 feet.
(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; July 10, 2006, P.L.1086, No.113, eff. 60 days)