Chapter 136 Roads and Highways
Article 1 - Organization of Department of Transportation.
- § 136-1 through 136-3 Repealed by Session Laws 1973, c. 507, s. 23
- § 136-4 State Highway Administrator
There shall be a State Highway Administrator, who shall be a career official and who shall be the administrative officer of the Department of Transportation...
- § 136-4.1 through 136-5 Repealed by Session Laws 1973, c. 507, s. 23
- § 136-6 through 136-9 Repealed by Session Laws 1957, c. 65, s. 12
- § 136-10 Audit and rules
The operations of the Department of Transportation shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of...
- § 136-11 Annual reports to Governor
The Department of Transportation shall make to the Department of Administration, or to the Governor, a full report of its finances and the physical condition...
- § 136-11.1 Local consultation on transportation projects
Prior to any action of the Board on a transportation project, the Department shall inform all municipalities and counties affected by a planned transportation project...
- § 136-12 Reports to General Assembly; Transportation Improvement Program submitted to members and staff of General Assembly
(a) The Department of Transportation shall, on or before the tenth day after the convening of each regular session of the General Assembly of North...
- § 136-12.1 Biennial report on off-premise sign regulatory program
The Department of Transportation shall make a biennial report to the General Assembly beginning on January 1, 1993, on its Off‑Premise Sign Regulatory Program. The...
- § 136-13 Malfeasance of officers and employees of Department of Transportation, members of Board of Transportation, contractors, and others
(a) It is unlawful for any person, firm, or corporation to directly or indirectly corruptly give, offer, or promise anything of value to any officer...
- § 136-13.1 Use of position to influence elections or political action
No member of the Board of Transportation nor any officer or employee of the Department of Transportation shall be permitted to use his position to...
- § 136-13.2 Falsifying highway inspection reports
(a) Any person who knowingly falsifies any inspection report or test report required by the Department of Transportation in connection with the construction of highways,...
- § 136-14 Members not eligible for other employment with Department; no sales to Department by employees; members not to sell or trade property with Department; profiting from official position; misuse of confidential information by Board members
(a) No Board member shall be eligible to any other employment in connection with the Department. (b) No Board member or any salaried employee of...
- § 136-14.1 Transportation engineering divisions
For purposes of administering transportation activities, the Department of Transportation shall have authority to designate boundaries of transportation engineering divisions for the proper administration of...
- § 136-14.2 Division engineer to manage personnel
Except for general departmental policy applicable to all of the State the division engineer shall have authority over all divisional personnel matters and over Department...
- § 136-15 Establishment of administrative districts
The Department of Transportation may establish such administrative districts as in its opinion shall be necessary for the proper and efficient performance of highway duties....
- § 136-16 Funds and property converted to State Highway Fund
Except as otherwise provided, all funds and property collected by the Department of Transportation, including the proceeds from the sale of real property originally purchased...
- § 136-16.1 through 136-16.3 Reserved for future codification purposes
- § 136-16.4 Continuing aviation appropriations
There is appropriated from the Highway Fund to the Department of Transportation the sum of eleven million two hundred eighty‑four thousand one hundred ninety‑eight dollars...
- § 136-16.5 Purposes for continuing aviation appropriations
The continuing aviation appropriations authorized by G.S. 136‑16.4 shall be used in accordance with the provisions of Article 7 of Chapter 63 of the General...
- § 136-16.6 Continuing rail appropriations
(a) There is annually credited to the Highway Fund one hundred percent (100%) of the annual dividends received by the State from its ownership of...
- § 136-16.7 Purposes for continuing rail appropriations
The continuing rail appropriation authorized by G.S. 136‑16.6 shall be used in accordance with the provisions of Article 2D of Chapter 136 of the General...
- § 136-16.8 Continuing appropriations for public transportation
There is annually appropriated, beginning with the 1987‑88 fiscal year, from the Highway Fund to the Department of Transportation for public transportation purposes the greater...
- § 136-16.9 Purposes for continuing public transportation appropriations
The continuing public transportation appropriations authorized by G.S. 136‑16.8 shall be used in accordance with the provisions of Article 2B of Chapter 136 of the...
- § 136-16.10 Allocations by Department Controller to eliminate overdrafts
The Controller of the Department of Transportation shall allocate at the beginning of each fiscal year from the various appropriations made to the Department of...
Article 2 - Powers and Duties of Department and Board of Transportation.
- § 136-17 Repealed by Session Laws 1973, c. 507, s. 3
- § 136-17.1 Repealed by Session Laws 1977, c. 464, s. 13
- § 136-17.2 Members of the Board of Transportation represent entire State
The chairman and members of the Board of Transportation shall represent the entire State in transportation matters and not represent any particular person, persons, or...
- § 136-17.2A Distribution formula for funds expended on Intrastate System and Transportation Improvement Program
(a) Funds expended for the Intrastate System projects listed in G.S. 136‑179 and both State and federal‑aid funds expended under the Transportation Improvement Program, other...
- § 136-18 Powers of Department of Transportation
The said Department of Transportation is vested with the following powers: (1) The general supervision over all matters relating to the construction of the State...
- § 136-18.01 Consultation required for welcome and visitor centers
The Department of Commerce and the Department of Transportation shall consult with the Joint Legislative Commission on Governmental Operations and the House and Senate Appropriations...
- § 136-18.1 Repealed by Session Laws 1999-29, s. 1
- § 136-18.2 Seed planted by Department of Transportation to be approved by Department of Agriculture and Consumer Services
The Department of Transportation shall not cause any seed to be planted on or along any highway or road right‑of‑way unless and until such seed...
- § 136-18.3 Location of garbage collection containers by counties and municipalities
(a) The Department of Transportation is authorized to issue permits to counties and municipalities for the location of containers on rights‑of‑way of state‑maintained highways for...
- § 136-18.4 Provision and marking of "pull-off" areas
The Department of Transportation is hereby authorized and directed (i) to provide as needed within its right‑of‑way, adjacent to long sections of two‑lane primary highway...
- § 136-18.5 Wesley D. Webster Highway
State Highway 704 shall be known as the "Wesley D. Webster Highway". (1983 (Reg. Sess., 1984), c. 974.)
- § 136-18.5A Purple Heart Memorial Highway
Interstate Highway 95 in North Carolina is designated as the "Purple Heart Memorial Highway" to pay tribute to the many North Carolinians who have been...
- § 136-18.5B Dale Earnhardt Highway
The Board of Transportation shall designate State Highway 136 in Iredell and Cabarrus counties as State Highway 3, which shall be known as the "Dale...
- § 136-18.6 Cutting down trees
Except in the process of an authorized construction, maintenance or safety project, the Department shall not cut down trees unless: (1) The trees pose a...
- § 136-18.7 Fees
The fee for a selective vegetation removal permit issued pursuant to G.S. 136‑18(5), (7), and (9) is two hundred dollars ($200.00). (1999‑404, s. 5.)
- § 136-19 Acquisition of land and deposits of materials; condemnation proceedings; federal parkways
(a) The Department of Transportation is vested with the power to acquire either in the nature of an appropriate easement or in fee simple such...
- § 136-19.1 Repealed by Session Laws 1977, c. 338, s. 1
- § 136-19.2 Repealed by Session Laws 1969, c. 733, s. 13
- § 136-19.3 Acquisition of buildings
Where the right‑of‑way of a proposed highway necessitates the taking of a portion of a building or structure, the Department of Transportation may acquire, by...
- § 136-19.4 Registration of right-of-way plans
(a) A copy of the cover sheet and plan and profile sheets of the final right‑of‑way plans for all Department of Transportation projects, on those...
- § 136-19.5 Utility right-of-way agreements
(a) Before the Department of Transportation acquires or proposes to acquire additional rights‑of‑way for the purpose of accommodating the installation of utilities as authorized by...
- § 136-20 Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses
(a) Whenever any road or street forming a link in or a part of the State highway system, whether under construction or heretofore or hereafter...
- § 136-20.1 To require installation and maintenance of block system and safety devices; automatic signals at railroad intersections
(a) The Department of Transportation is empowered and directed to require any railroad company to install and put in operation and maintain upon the whole...
- § 136-21 Drainage of highway; application to court; summons; commissioners
Whenever in the establishment, construction, improvement or maintenance of any public highway it shall be necessary to drain said highway, and to accomplish such purpose...
- § 136-22 View by commissioners; report; judgment
The commissioners, or a majority of them, one of whom must be the engineer aforesaid, shall, on a day of which each party is to...
- § 136-23 Appeal
Upon the entry of the judgment or decree aforesaid the parties to said action, or any of them, shall have the right to appeal to...
- § 136-24 Rights of parties
The parties to such special proceeding shall have all the rights which are secured to similar parties by Article 1 of Chapter 146 of this...
- § 136-25 Repair of road detour
It shall be mandatory upon the Department of Transportation, its officers and employees, or any contractor or subcontractor employed by the said Department of Transportation,...
- § 136-26 Closing of State highways during construction; injury to barriers, warning signs, etc
If it shall appear necessary to the Department of Transportation, its officers, or appropriate employees, to close any road or highway coming under its jurisdiction...
- § 136-27 Connection of highways with improved streets; pipelines and conduits; cost
When any portion of the State highway system shall run through any city or town and it shall be found necessary to connect the State...
- § 136-27.1 Relocation of water and sewer lines of municipalities and nonprofit water or sewer corporations or associations
The Department of Transportation shall pay the nonbetterment cost for the relocation of water and sewer lines, located within the existing State highway right‑of‑way, that...
- § 136-27.2 Relocation of county-owned natural gas lines located on Department of Transportation right-of-way
The Department of Transportation shall pay the nonbetterment cost for the relocation of county‑owned natural gas lines, located within the existing State highway right‑of‑way, that...
- § 136-28 Repealed by Session Laws 1971, c. 972, s. 6
- § 136-28.1 Letting of contracts to bidders after advertisement; exceptions
(a) All contracts over one million two hundred thousand dollars ($1,200,000) that the Department of Transportation may let for construction or repair necessary to carry...
- § 136-28.2 Relocated highways; contracts let by others
The Department of Transportation is authorized to permit power companies and governmental agencies, including agencies of the federal government, when it is necessary to relocate...
- § 136-28.3 Repealed by Session Laws 1973, c. 1194, s. 6
- § 136-28.4 State policy concerning participation by disadvantaged minority-owned and women-owned businesses in highway contracts
(a) It is the policy of this State, based on a compelling governmental interest, to encourage and promote participation by disadvantaged minority‑owned and women‑owned businesses...
- § 136-28.5 Construction diaries; bid analysis and management system
(a) Diaries kept in connection with construction or repair contracts entered into pursuant to G.S. 136‑28.1 shall not be considered public records for the purposes...
- § 136-28.6 Private contract participation by the Department of Transportation
(a) The Department of Transportation may participate in private engineering and construction contracts for State highways. (b) In order to qualify for State participation, the...
- § 136-28.7 Contract requirements relating to construction materials
(a) The Department of Transportation shall require that every contract for construction or repair necessary to carry out the provisions of this Chapter shall contain...
- § 136-28.8 Use of recycled materials in construction
(a) It is the intent of the General Assembly that the Department of Transportation continue to expand its use of recycled materials in its construction...
- § 136-28.9 Retainage - construction contracts
Notwithstanding the provisions of G.S. 147‑69.1, 147‑77, 147‑80, 147‑86.10, and 147‑86.11, or any other provision of the law, the Department of Transportation is authorized to...
- § 136-28.10 Highway Fund and Highway Trust Fund Small Project Bidding
(a) Notwithstanding the provisions of G.S. 136‑28.4(b), for Highway Fund or Highway Trust Fund projects of five hundred thousand dollars ($500,000) or less, the Board...
- § 136-28.11 Design-build construction of transportation projects
(a) Design‑Build Contracts Authorized. Notwithstanding any other provision of law, the Board of Transportation may award contracts for up to 25 projects each fiscal year...
- § 136-28.12 Litter removal coordinated with mowing of highway rights-of-way
The Department of Transportation shall, to the extent practicable, schedule the removal of debris, trash, and litter from highways and highway rights‑of‑way prior to the...
- § 136-28.13 Participation in the energy credit banking and selling program
The Department of Transportation shall participate in the energy credit banking and selling program under G.S. 143‑58.4 and is eligible to receive proceeds from the...
- § 136-28.14 Project contractor licensing requirements
The letting of contracts under this Chapter for the following types of projects shall not be subject to the licensing requirements of Article 1 of...
- § 136-28.15 Diesel vehicles purchase warranty requirement
Every new motor vehicle transferred to or purchased by the Department of Transportation that is designed to operate on diesel fuel shall be covered by...
- § 136-29 Adjustment and resolution of highway construction contract claim
(a) A contractor who has completed a contract with the Department of Transportation to construct a State highway and who has not received the amount...
- § 136-30 Uniform signs and other traffic control devices on highways, streets, and public vehicular areas
(a) State Highway System. The Department of Transportation may number and mark highways in the State highway system. All traffic signs and other traffic control...
- § 136-30.1 Center line and pavement edge line markings
(a) The Department of Transportation shall mark with center lines and edge lines all interstate and primary roads and all paved secondary roads having an...
- § 136-31 Repealed by Session Laws 1991, c. 530, s. 3
- § 136-32 Other than official signs prohibited
No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light or imitation of any official sign,...
- § 136-32.1 Misleading signs prohibited
No person shall erect or maintain within 100 feet of any highway right‑of‑way any warning or direction sign or marker of the same shape, design,...
- § 136-32.2 Placing blinding, deceptive or distracting lights unlawful
(a) If any person, firm or corporation shall place or cause to be placed any lights, which are flashing, moving, rotating, intermittent or steady spotlights,...
- § 136-32.3 Litter enforcement signs
The Department of Transportation shall place signs on the Interstate Highway System notifying motorists of the penalties for littering. The signs shall include the amount...
- § 136-33 Damaging or removing signs; rewards
(a) No person shall willfully deface, damage, knock down or remove any sign posted as provided in G.S. 136‑26 or G.S. 136‑30. (b) No person,...
- § 136-33.1 Signs for protection of cattle
Upon written request of any owner of more than five head of cattle, the Department of Transportation shall erect appropriate and adequate signs on any...
- § 136-33.2 Repealed by Session Laws 2007-164, s. 2, effective July 1, 2007
- § 136-33.2A Signs marking beginning of reduced speed zones
If a need to reduce speed in a speed zone is determined to exist by an engineer of the Department, there shall be a sign...
- § 136-34 Department of Transportation authorized to furnish road equipment to municipalities
The Department of Transportation is hereby authorized to furnish municipalities road maintenance equipment to aid such municipalities in the maintenance of streets upon such rental...
- § 136-35 Cooperation with other states and federal government
It shall also be the duty of the Department of Transportation, where possible, to cooperate with the state highway commissions of other states and with...
- § 136-36 Repealed by Session Laws 1951, c. 260, s. 4
- § 136-37 Repealed by Session Laws 1959, c. 687, s. 5
- § 136-38 through 136-41 Repealed by Sessions Laws 1951, c. 260, s. 4
- § 136-41.1 Appropriation to municipalities; allocation of funds generally; allocation to Butner
(a) There is annually appropriated out of the State Highway Fund a sum equal to the net amount after refunds that was produced during the...
- § 136-41.2 Eligibility for funds; municipalities incorporated since January 1, 1945
(a) No municipality shall be eligible to receive funds under G.S. 136‑41.1 unless it has conducted the most recent election required by its charter or...
- § 136-41.2A Eligibility for funds; municipalities incorporated before January 1, 1945
(a) No municipality shall be eligible to receive funds under G.S. 136‑41.1 unless it has been within the four‑year period next preceding the annual allocation...
- § 136-41.3 Use of funds; records and annual statement; excess accumulation of funds; contracts for maintenance, etc., of streets
The funds allocated to cities and towns under the provisions of G.S. 136‑41.2 shall be expended by said cities and towns only for the purpose...
- § 136-41.4 Municipal use of allocated funds; election
A municipality that qualifies for an allocation of funds pursuant to G.S. 136‑41.1 shall have the option to accept all funds allocated to the municipality,...
- § 136-42 Transferred to G.S. 136-42.2 by Session Laws 1971, c. 345, s. 2
- § 136-42.1 Archaeological objects on highway right-of-way
The Department of Transportation is authorized to expend highway funds for reconnaissance surveys, preliminary site examinations and salvage work necessary to retrieve and record data...
- § 136-42.2 Markers on highway; cooperation of Department of Transportation
The Department of Transportation is hereby authorized to cooperate with the Department of Cultural Resources in marking historic spots along the State highways. (1927, c....
- § 136-42.3 Historical marker program
The Department of Transportation may spend up to forty thousand dollars ($40,000) a year to purchase historical markers prepared and delivered to it by the...
- § 136-43 Transferred to § 136-42.3 by Session Laws 1971, c. 345, s. 2
- § 136-43.1 Procedure for correction and relocation of historical markers
Any person, firm or corporation who has knowledge or information, supported by historical data, books, records, writings, or other evidence, that any historical marker has...
- § 136-44 Maintenance of grounds
The Department of Transportation is hereby authorized and directed through the highway supervisor of the district that includes Warren County to clean off and keep...
Article 2A - State Roads Generally.
- § 136-44.1 Statewide road system; policies
The Department of Transportation shall develop and maintain a statewide system of roads and highways commensurate with the needs of the State as a whole...
- § 136-44.2 Budget and appropriations
The Director of the Budget shall include in the "Current Operations Appropriations Bill" an enumeration of the purposes or objects of the proposed expenditures for...
- § 136-44.2A Secondary road improvement program
There shall be annually allocated from the Highway Fund to the Department of Transportation for secondary road improvement programs developed pursuant to G.S. 136‑44.7 and...
- § 136-44.2B Reports to appropriations committees of General Assembly
In each year that an appropriation bill is considered by the General Assembly, the Department of Transportation shall make a report to the appropriations committee...
- § 136-44.2C Special appropriations for State construction
Special appropriations for the construction of State highways may be used for the planning, design, right‑of‑way acquisition, and construction of highway projects for the State...
- § 136-44.3 Maintenance program
The Department shall establish performance standards for the maintenance and operation of the State highway system. In each even‑numbered year, the Department of Transportation shall...
- § 136-44.4 Annual construction program; State primary and urban systems
The Department of Transportation shall develop an annual construction program for the state‑funded improvements on the primary and urban system highways and for all federal‑aid...
- § 136-44.5 Secondary roads; mileage study; allocation of funds
(a) Before July 1, in each calendar year, the Department of Transportation shall make a study of all State‑maintained unpaved and paved secondary roads in...
- § 136-44.6 Uniformly applicable formula for the allocation of secondary roads maintenance funds
The Department of Transportation shall develop a uniformly applicable formula for the allocation of secondary roads maintenance funds for use in each county. The formula...
- § 136-44.7 Secondary roads; annual work program
(a) The Department of Transportation shall be responsible for developing criteria for improvements and maintenance of secondary roads. The criteria shall be adopted by the...
- § 136-44.7A Submission of secondary roads construction programs to State agencies
When the Department of Transportation proposes to pave an unpaved secondary road that crosses land controlled by a State agency, the Department of Transportation shall...
- § 136-44.7B Permit issuance by Department of Environment and Natural Resources transportation construction projects
Once the Department of Environment and Natural Resources or any agency within the Department of Environment and Natural Resources has issued a permit that is...
- § 136-44.7C Analysis and approval of Department of Transportation environmental policies or guidelines affecting transportation projects
(a) Analysis Required. The Department of Transportation shall conduct an analysis of any proposed environmental policy or guideline adopted by the Department that affects Department...
- § 136-44.7D Bridge construction guidelines
A bridge crossing rivers and streams in watersheds shall be constructed to accommodate the hydraulics of a flood water level equal to the water level...
- § 136-44.7E Compliance with federal guidelines for transportation projects
The Department may continue to use the Merger '01 process provided the relevant portions of P.L. 109‑59, Section 6002, (SAFETEA‑LU) are incorporated to ensure the...
- § 136-44.8 Submission of secondary roads construction programs to the Boards of County Commissioners
(a) The Department of Transportation shall post in the county courthouse a county map showing tentative secondary road paving projects rated according to the priority...
- § 136-44.9 Secondary roads; annual statements
The Department of Transportation shall, before the end of the calendar year, prepare and file with the board of county commissioners a statement setting forth...
- § 136-44.10 Additions to secondary road system
The Board of Transportation shall adopt uniform statewide or regional standards and criteria which the Department of Transportation shall follow for additions to the secondary...
- § 136-44.11 Right-of-way acquisitions; preliminary engineering annual report
(a) The Department of Transportation shall include in its annual report projects for which preliminary engineering has been performed more than two years but where...
- § 136-44.12 Maintenance of roads and parking lots in areas administered by the Division of Parks and Recreation
The Department of Transportation shall maintain all roads and parking lots which are not part of the State Highway System, leading into and located within...
- § 136-44.13 Reserved for future codification purposes
- § 136-44.14 Curb ramps or curb cuts for handicapped persons
(a) Curbs constructed on each side of any street or road, where curbs and sidewalks are provided and at other major points of pedestrian flow,...
- § 136-44.15 Expired
- § 136-44.16 Authorized use of contract maintenance resurfacing program funds
Of the contract maintenance resurfacing program funds appropriated by the General Assembly to the Department of Transportation, an amount not to exceed fifteen percent (15%)...
- § 136-44.17 Reserved for future codification purposes
- § 136-44.18 Reserved for future codification purposes
- § 136-44.19 Reserved for future codification purposes
Article 2B - Public Transportation.
Article 2C - House Movers Licensing Board.
Article 2D - Railroad Revitalization.
- § 136-44.35 Railroad revitalization and corridor preservation a public purpose
The General Assembly hereby finds that programs for railroad revitalization which assure the maintenance of safe, adequate, and efficient rail transportation services and that programs...
- § 136-44.36 Department of Transportation designated as agency to administer federal and State railroad revitalization programs
The General Assembly hereby designates the Department of Transportation as the agency of the State of North Carolina responsible for administering all State and federal...
- § 136-44.36A Railway corridor preservation
The North Carolina Department of Transportation is authorized, pursuant to 16 U.S.C.A. 1247(d), to preserve rail transportation corridors and permit compatible interim uses of such...
- § 136-44.36B Power of Department to preserve and acquire railroad corridors
In exercising its power to preserve railroad corridors, the Department of Transportation may acquire property for new railroad corridors and may acquire property that is...
- § 136-44.36C Installment contracts authorized
The Department of Transportation may purchase active or inactive railroad lines, corridors, rights‑of‑way, locomotives, rolling stock, and other rail property, both real and personal, by...
- § 136-44.36D Recreational leasing requirements
Portions of rail corridors held by the North Carolina Department of Transportation in fee simple absolute may be leased by the Department for interim public...
- § 136-44.37 Department to provide nonfederal matching share
The Department of Transportation upon approval by the Board of Transportation and the Director of the Budget may provide for the matching share of federal...
- § 136-44.38 Department to provide State and federal financial assistance to cities and counties for rail revitalization
(a) The Department of Transportation is authorized to distribute to cities and counties State financial assistance for local rail revitalization programs provided that every rail...
- § 136-44.39 through 136-44.49 Reserved for future codification purposes
Article 2E - Transportation Corridor Official Map Act.
Article 3 - State Highway System.
- § 136-45 General purpose of law; control, repair and maintenance of highways
The general purpose of the laws creating the Department of Transportation is that said Department of Transportation shall take over, establish, construct, and maintain a...
- § 136-46 through 136-47 Repealed by Session Laws 1977, c. 464, s. 22
- § 136-48 through 136-50 Repealed by Session Laws 1943, c. 410
- § 136-51 Maintenance of county public roads vested in Department of Transportation
From and after July 1, 1931, the exclusive control and management and responsibility for all public roads in the several counties shall be vested in...
- § 136-52 through 136-53 Repealed by Session Laws 1977, c. 464, s. 22
- § 136-54 Power to make changes
The Board of Transportation shall be authorized, when in its judgment the public good requires it, to change, alter, add to, or abandon and substitute...
- § 136-55 Repealed by Session Laws 1979, c. 143, s. 1
- § 136-55.1 Notice of abandonment
(a) At least 60 days prior to any action by the Department of Transportation abandoning a segment of road and removing the same from the...
- § 136-56 Repealed by Session Laws 1967, c. 1128, s. 4
- § 136-57 Repealed by Session Laws 1965, c. 538, s. 1
- § 136-58 Repealed by Session Laws 1977, c. 464, s. 22
- § 136-59 No court action against Board of Transportation
No action shall be maintained in any of the courts of this State against the Board of Transportation to determine the location of any State...
- § 136-60 through 136-61 Repealed by Session Laws 1973, c. 507, s. 23
- § 136-62 Right of petition
The citizens of the State shall have the right to present petitions to the board of county commissioners, and through the board to the Department...
- § 136-63 Change or abandonment of roads
(a) The board of county commissioners of any county may, on its own motion or on petition of a group of citizens, request the Board...
- § 136-64 Filing of complaints with Department of Transportation; hearing and appeal
In the event of failure to maintain the roads of the State highway system or any county road system in good condition, the board of...
- § 136-64.1 Applications for intermittent closing of roads within watershed improvement project by Department of Transportation; notice; regulation by Department; delegation of authority; markers
(a) Upon proper application by the board of commissioners of a drainage district established under the provisions of Chapter 156 of the General Statutes of...
- § 136-65 through 136-66 Repealed by Session Laws 1943, c. 410
Article 3A - Streets and Highways in and around Municipalities.
Article 3B - Dedication of Right-of-Way with Density or Development Rights Transfer.
Article 4 - Neighborhood Roads, Cartways, Church Roads, etc.
- § 136-67 Neighborhood public roads
All those portions of the public road system of the State which have not been taken over and placed under maintenance or which have been...
- § 136-68 Special proceeding for establishment, alteration or discontinuance of cartways, etc.; petition; appeal
The establishment, alteration, or discontinuance of any cartway, church road, mill road, or like easement, for the benefit of any person, firm, association, or corporation,...
- § 136-69 Cartways, tramways, etc., laid out; procedure
(a) If any person, firm, association, or corporation shall be engaged in the cultivation of any land or the cutting and removing of any standing...
- § 136-70 Alteration or abandonment of cartways, etc., in same manner
Cartways or other ways established under this Article or heretofore established, may be altered, changed, or abandoned in like manner as herein provided for their...
- § 136-71 Church roads and easements of public utility lines laid out on petition; procedure
Necessary roads or easements and right‑of‑ways for electric light lines, power lines, water lines, sewage lines, and telephone lines leading to any church or other...
- § 136-71.1 through 136-71.5 Reserved for future codification purposes
Article 4A - Bicycle and Bikeway Act of 1974.
- § 136-71.6 How Article cited
This Article may be cited as the North Carolina Bicycle and Bikeway Act of 1974. (1973, c. 1447, s. 1.)
- § 136-71.7 Definitions
As used in this Article, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have...
- § 136-71.8 Findings
The General Assembly hereby finds that it is in the public interest, health, safety, and welfare for the State to encourage and provide for the...
- § 136-71.9 Program development
The Department is designated as such State agency, responsible for developing and coordinating the program. (1973, c. 1447, s. 4.)
- § 136-71.10 Duties
The Department will: (1) Assist and cooperate with local governments and other agencies in the development and construction of local and regional bikeway projects; (2)...
- § 136-71.11 Designation of bikeways
Bikeways may be designated along and upon the public roads. (1973, c. 1447, s. 5.)
- § 136-71.12 Funds
The General Assembly hereby authorizes the Department to include needed funds for the program in its annual budgets for fiscal years after June 30, 1975,...
- § 136-71.13 North Carolina Bicycle Committee; composition, meetings, and duties
(a) There is hereby created a North Carolina Bicycle Committee within the Department of Transportation. The Bicycle Committee shall consist of seven members appointed by...
Article 5 - Bridges.
- § 136-72 Load limits for bridges; penalty for violations
The Department of Transportation shall have authority to determine the safe load‑carrying capacity for any and all bridges on highways on the State highway system....
- § 136-73 through 136-75 Repealed by Session Laws 1979, c. 114, s. 1
- § 136-76 Repealed by Session Laws 1965, c. 492
- § 136-76.1 Bridge replacement program
(a) The Department of Transportation is hereby directed to replace all bridges on the State highway system containing long through truss spans over 125 feet...
- § 136-77 Repealed by Session Laws 1979, c. 114, s. 1
- § 136-78 Railroad companies to provide draws
Railroad companies, erecting bridges across watercourses, shall attach and keep up good and sufficient draws, by which vessels may be allowed conveniently to pass. (1846,...
- § 136-79 Repealed by Session Laws 1965, c. 491
- § 136-80 Fastening vessels to bridges misdemeanor
If any person shall fasten any decked vessel or steamer to any bridge that crosses a navigable stream, he shall be guilty of a Class...
- § 136-81 Department of Transportation may maintain footways
The Department of Transportation shall have the power to erect and maintain adequate footways over swamps, waters, chasms, gorges, gaps, or in any other places...
Article 6 - Ferries, etc., and Toll Bridges.
- § 136-82 Department of Transportation to establish and maintain ferries
The Department of Transportation is vested with authority to provide for the establishment and maintenance of ferries connecting the parts of the State highway system,...
- § 136-82.1 Authority to insure vessels operated by Department of Transportation
The Department of Transportation is vested with authority to purchase liability insurance, hull insurance, and protection insurance on all vessels and boats owned, leased, chartered...
- § 136-82.2 State toll bridges
(a) Toll. The Department of Transportation may charge a toll for the use of a bridge that is included in the Highway Trust Fund Intrastate...
- § 136-83 Repealed by Session Laws 1977, c. 464, s. 22
- § 136-84 through 136-87 Repealed by Session Laws 1983, c. 684, s. 1
- § 136-88 Authority of county commissioners with regard to ferries and toll bridges; rights and liabilities of owners of ferries or toll bridges not under supervision of Department of Transportation
Subject to the provisions of G.S. 136‑67, 136‑99, and 153‑ 198, the boards of commissioners of the several counties are vested, in regard to the...
- § 136-89 Safety measures; guard chains or gates
Each and every person, firm or corporation, owning or operating a public ferry upon any sound, bay, river, creek or other stream, shall have securely...
Article 6A - Carolina-Virginia Turnpike Authority.
Article 6B - Turnpikes.
Article 6C - State Toll Bridges and Revenue Bonds.
Article 6D - Controlled-Access Facilities.
- § 136-89.48 Declaration of policy
The General Assembly hereby finds, determines, and declares that this Article is necessary for the immediate preservation of the public peace, health and safety, the...
- § 136-89.49 Definitions
When used in this Article: (1) "Department" means the Department of Transportation. (2) "Controlled‑access facility" means a State highway, or section of State highway, especially...
- § 136-89.50 Authority to establish controlled-access facilities
The Department of Transportation may designate, establish, abandon, improve, construct, maintain and regulate controlled‑access facilities as a part of the State highway system, National System...
- § 136-89.51 Design of controlled-access facility
The Department of Transportation is authorized so to design any controlled‑access facility and so to regulate, restrict, or prohibit access as best to serve the...
- § 136-89.52 Acquisition of property and property rights
For the purposes of this Article, the Department of Transportation may acquire private or public property and property rights for controlled‑access facilities and service or...
- § 136-89.53 New and existing facilities; grade crossing eliminations
The Department of Transportation may designate and establish controlled‑access highways as new and additional facilities or may designate and establish an existing street or highway...
- § 136-89.54 Authority of local units to consent
The Department of Transportation, as the highway authority of the State, and the governing body of any county, city or town are authorized, after a...
- § 136-89.55 Local service roads
In connection with the development of any controlled‑access facility the Department of Transportation is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and...
- § 136-89.56 Commercial enterprises
No commercial enterprises or activities shall be authorized or conducted by the Department of Transportation, or the governing body of any city or town, within...
- § 136-89.57 Repealed by Session Laws 1965, c. 474, s. 1
- § 136-89.58 Unlawful use of National System of Interstate and Defense Highways and other controlled-access facilities
On those sections of highways which are or become a part of the National System of Interstate and Defense Highways and other controlled‑access facilities it...
- § 136-89.59 Highway rest area refreshments
All civic, nonprofit, or charitable corporations and organizations are authorized to serve nonalcoholic refreshments to motorists at rest areas and welcome centers located on control‑access...
- § 136-89.59A Promotion of North Carolina farm products at rest areas and welcome centers
Subject to the approval of the Department, the Department of Agriculture and Consumer Services may distribute promotional materials and free samples of North Carolina farm...
Article 6E - North Carolina Turnpike Authority.
Article 6F - North Carolina Bridge Authority.
Article 6G - Private Pilot Toll Project.
Article 6H - Public Toll Roads and Bridges.
- § 136-89.180 Legislative findings
The General Assembly finds that the existing State road system is becoming increasingly congested and overburdened with traffic in many areas of the State; that...
- § 136-89.181 Definitions
The following definitions apply to this Article: (1) "Department" means the North Carolina Department of Transportation. (2) "Turnpike Authority" means the public agency created by...
- § 136-89.182 North Carolina Turnpike Authority
(a) Creation. There is created a body politic and corporate to be known as the "North Carolina Turnpike Authority". The Authority is constituted as a...
- § 136-89.183 Powers of the Authority
(a) The Authority shall have all of the powers necessary to execute the provisions of this Article, including the following: (1) The powers of a...
- § 136-89.183A Accelerated Pilot Toll Bridge Project
(a) Contract to Construct Accelerated Pilot Toll Bridge Project. The Authority shall contract with a single private firm to design, obtain all necessary permits for,...
- § 136-89.183B Accelerated Herbert C. Bonner Bridge Replacement Project
(a) Contract for Accelerated Construction of the Herbert C. Bonner Replacement Bridge Project. The Department of Transportation shall implement all reasonable measures to expedite completion...
- § 136-89.183C Accelerated Yadkin River Bridge Replacement Project
(a) Contract for Accelerated Construction of the Yadkin River Bridge Replacement Bridge Project. The Authority shall study, plan, develop, undertake preliminary design work, and analyze...
- § 136-89.184 Acquisition of real property
(a) General. The Authority may acquire public or private real property by purchase, negotiation, gift, or devise, or condemnation that it determines to be necessary...
- § 136-89.185 Taxation of property of Authority
Property owned by the Authority is exempt from taxation in accordance with Section 2 of Article V of the North Carolina Constitution. (2002‑133, s. 1.)
- § 136-89.186 Audit
The operations of the Authority shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General...
- § 136-89.187 Conversion of free highways prohibited
The Authority Board is prohibited from converting any segment of the nontolled State Highway System to a toll facility, except for a segment of Interstate...
- § 136-89.188 Use of revenues
(a) Revenues derived from Turnpike Projects authorized under this Article shall be used only for Authority administration costs; Turnpike Project development, right‑of‑way acquisition, construction, operation,...
- § 136-89.189 Turnpike Authority revenue bonds
The Authority shall be a municipality for purposes of Article 5 of Chapter 159 of the General Statutes, the State and Local Government Revenue Bond...
- § 136-89.190 Sale of Turnpike Authority revenue bonds
Revenue bonds of the Authority issued pursuant to G.S. 136‑89.189 and the State and Local Government Revenue Bond Act shall be sold in accordance with...
- § 136-89.191 Cost participation by Department of Transportation
The Department of Transportation may participate in the cost of preconstruction activities, construction, maintenance, or operation of a Turnpike Project. (2002‑133, s. 1.)
- § 136-89.192 Equity distribution formula
Only those funds applied to a Turnpike Project from the State Highway Fund, State Highway Trust Fund, or federal‑aid funds that might otherwise be used...
- § 136-89.193 Annual plan of work; annual and quarterly reports
(a) Annual Plan of Work. The Authority shall annually develop a plan of work for the fiscal year, describing the activities and projects to be...
- § 136-89.194 Laws applicable to the Authority; exceptions
(a) Motor Vehicle Laws. The Turnpike System shall be considered a "highway" as defined in G.S. 20‑4.01(13) and a "public vehicular area" as defined in...
- § 136-89.195 Internet report of funds expended
The Department shall publish and update annually on its Internet web site a record of all expenditures of the Authority for highway construction, maintenance, and...
- § 136-89.196 Removal of tolls
The Authority shall, upon fulfillment of and subject to any restrictions included in the agreements entered into by the Authority in connection with the issuance...
- § 136-89.197 Maintenance of nontoll routes
The Department shall maintain an existing, alternate, comparable nontoll route corresponding to each Turnpike Project constructed pursuant to this Article. (2002‑133, s. 1.)
- § 136-89.198 Authority to toll existing interstate highways
(a) General. Notwithstanding any other provision of this Article, the Authority may collect tolls on any existing interstate highway for which the United States Department...
Article 7 - Miscellaneous Provisions.
- § 136-90 Obstructing highways and roads misdemeanor
If any person shall willfully alter, change or obstruct any highway, cartway, mill road or road leading to and from any church or other place...
- § 136-91 Placing glass, etc., or injurious obstructions in road
(a) No person shall throw, place, or deposit any glass or other sharp or cutting substance or any injurious obstruction in or upon any highway...
- § 136-92 Obstructing highway drains prohibited
It is unlawful to obstruct a drain along or leading from any public road in the State. A person who violates this section is responsible...
- § 136-93 Openings, structures, pipes, trees, and issuance of permits
No opening or other interference whatsoever shall be made in any State road or highway other than streets not maintained by the Department of Transportation...
- § 136-94 Gates projecting over rights-of-way forbidden
It shall be unlawful for any person, firm or corporation to erect, maintain or operate upon his own land, or the land of another, any...
- § 136-95 Water must be diverted from public road by ditch or drain
When any ditch or drain is cut in such a way as to turn water into any public road, the person cutting the ditch or...
- § 136-96 Road or street not used within 15 years after dedication deemed abandoned; declaration of withdrawal recorded; joint tenants or tenants in common; defunct corporations
Every strip, piece, or parcel of land which shall have been at any time dedicated to public use as a road, highway, street, avenue,...
- § 136-96.1 Special proceeding to declare a right-of-way dedicated to public use
(a) A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right‑of‑way dedicated to public use if:...
- § 136-97 Responsibility of counties for upkeep, etc., terminated
(a) The board of county commissioners or other road‑governing bodies of the various counties in the State are hereby relieved of all responsibility or liability...
- § 136-98 Counties authorized to participate in costs of road construction and maintenance
(a) Repealed by Session Laws 2007‑428, s. 4, effective August 23, 2007. (b) Nothing in this Article prohibits counties from establishing service districts for road...
- § 136-99 through 136-101 Repealed by Session Laws 1971, c. 1106
- § 136-102 Billboard obstructing view at entrance to school, church or public institution on public highway
(a) It shall be unlawful for any person, firm, or corporation to construct or maintain outside the limits of any city or town in this...
- § 136-102.1 Blue Star Memorial and American Ex-Prisoners of War Highway
All of the United States Highway #70, wherever located in North Carolina shall be known and designated as the "Blue Star Memorial and American Ex‑Prisoners...
- § 136-102.2 Authorization required for test drilling or boring upon right-of-way; filing record of results with Department of Transportation
No person, firm or corporation shall make any test drilling or boring upon the right‑of‑way of any road or highway, under the jurisdiction of the...
- § 136-102.3 Filing record of results of test drilling or boring with Secretary of Administration and Secretary of Environment and Natural Resources
Any person, firm or corporation making any test drilling or boring upon any public land, owned or controlled by the State of North Carolina[,] shall,...
- § 136-102.4 Penalty for violation of §§ 136-102.2 and 136-102.3
Violation of G.S. 136‑102.2 and 136‑102.3 shall be a Class 1 misdemeanor. (1967, c. 923, s. 3; 1993, c. 539, s. 995; 1994, Ex. Sess.,...
- § 136-102.5 Signs on fishing bridges
When requested to do so by any county or municipality that has enacted an ordinance under G.S. 153‑9(66) and 160‑200(47) regulating or prohibiting fishing on...
- § 136-102.6 Compliance of subdivision streets with minimum standards of the Board of Transportation required of developers
(a) The owner of a tract or parcel of land which is subdivided from and after October 1, 1975, into two or more lots, building...
- § 136-102.7 Hurricane evacuation standard
Evacuation Standard. The hurricane evacuation standard to be used for any bridge or highway construction project pursuant to this Chapter shall be no more than...
Article 8 - Citation to Highway Bond Acts.
Article 9 - Condemnation.
- § 136-103 Institution of action and deposit
(a) In case condemnation shall become necessary the Department of Transportation shall institute a civil action by filing in the superior court of any county...
- § 136-103.1 Outside counsel
The Attorney General is authorized to employ outside counsel as he deems necessary for the purpose of obtaining title abstracts and title certificates for highway...
- § 136-104 Vesting of title and right of possession; recording memorandum or supplemental memorandum of action
Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the...
- § 136-105 Disbursement of deposit; serving copy of disbursing order on Department of Transportation
The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or...
- § 136-106 Answer, reply and plat
(a) Any person whose property has been taken by the Department of Transportation by the filing of a complaint and a declaration of taking, may...
- § 136-107 Time for filing answer
Any person named in and served with a complaint and declaration of taking shall have 12 months from the date of service thereof to file...
- § 136-108 Determination of issues other than damages
After the filing of the plat, the judge, upon motion and 10 days' notice by either the Department of Transportation or the owner, shall, either...
- § 136-109 Appointment of commissioners
(a) Upon request of the owner in the answer, or upon motion filed by either the Department of Transportation or the owner within 60 days...
- § 136-110 Parties; orders; continuances
The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown, or...
- § 136-111 Remedy where no declaration of taking filed; recording memorandum of action
Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Department of Transportation and...
- § 136-112 Measure of damages
The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages: (1) Where...
- § 136-113 Interest as a part of just compensation
To said amount awarded as damages by the commissioners or a jury or judge, the judge shall, as a part of just compensation, add interest...
- § 136-114 Additional rules
In all cases of procedure under this Article where the mode or manner of conducting the action is not expressly provided for in this Article...
- § 136-115 Definitions
For the purpose of this Article (1) The word "judge" shall mean the resident judge of the superior court in the district where the cause...
- § 136-116 Final judgments
Final judgments entered in actions instituted under the provisions of this Article shall contain a description of the property affected, together with a description of...
- § 136-117 Payment of compensation
If there are adverse and conflicting claimants to the deposit made into the court by the Department of Transportation or the additional amount determined as...
- § 136-118 Agreements for entry
The provisions of this Article shall not prevent the Department of Transportation and the owner from entering into a written agreement whereby the owner agrees...
- § 136-119 Costs and appeal
The Department of Transportation shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court...
- § 136-120 Entry for surveys
The Department of Transportation without having filed a complaint and a declaration of taking as provided in this Article is authorized to enter upon any...
- § 136-121 Refund of deposit
In the event the amount of the final judgment is less than the amount deposited by the Department of Transportation pursuant to the provisions of...
- § 136-121.1 Reimbursement of owner for taxes paid on condemned property
(a) A property owner whose property is totally taken in fee simple by any condemning agency (as defined in G.S. 133‑7(1)) exercising the power of...
Article 10 - Preservation, etc., of Scenic Beauty of Areas along Highways.
Article 10A - Litter Prevention Account.
- § 136-125.1 Litter Prevention Account
There is established under the control and direction of the Department of Transportation the Litter Prevention Account. The Account shall be a nonreverting special revenue...
- § 136-125.2 Report
The Department of Transportation shall report no later than October 1 of each year to the Joint Legislative Transportation Oversight Committee and the Environmental Review...
Article 11 - Outdoor Advertising Control Act.
- § 136-126 Title of Article
This Article may be cited as the Outdoor Advertising Control Act. (1967, c. 1248, s. 1.)
- § 136-127 Declaration of policy
The General Assembly hereby finds and declares that outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways but that...
- § 136-128 Definitions
As used in this Article: (1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring...
- § 136-129 Limitations of outdoor advertising devices
No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right‑of‑way of the interstate or primary highway systems...
- § 136-129.1 Limitations of outdoor advertising devices beyond 660 feet
No outdoor advertising shall be erected or maintained beyond 660 feet of the nearest edge of the right‑of‑way of the interstate or primary highway systems...
- § 136-129.2 Limitation of outdoor advertising devices adjacent to scenic highways, State and National Parks, historic areas and other places
(a) In addition to the limitations contained in G.S. 136‑129 and G.S. 136‑129.1, in order to further the purposes set forth in Article 10 of...
- § 136-130 Regulation of advertising
The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The erection and maintenance of outdoor advertising...
- § 136-131 Removal of existing nonconforming advertising
The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining thereto which are prohibited...
- § 136-131.1 (See editor's note for expiration of section) Just compensation required for the removal of billboards on federal-aid primary highways by local authorities
No municipality, county, local or regional zoning authority, or other political subdivision, shall, without the payment of just compensation in accordance with the provisions that...
- § 136-132 Condemnation procedure
For the purpose of this Article, the Department of Transportation shall use the procedure for condemnation of real property as provided by Article 9 of...
- § 136-133 Permits required
(a) No person shall erect or maintain any outdoor advertising within 660 feet of the nearest edge of the right‑of‑way of the interstate or primary...
- § 136-134 Illegal advertising
Any outdoor advertising erected or maintained adjacent to the right‑of‑way of the interstate or primary highway system after the effective date of this Article as...
- § 136-134.1 Judicial review
Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules...
- § 136-134.2 Notification requirements
When the Department of Transportation notifies a permit applicant, permit holder, or the owner of an outdoor advertising structure that the application is denied, the...
- § 136-135 Enforcement provisions
Any person, firm, corporation or association, placing, erecting or maintaining outdoor advertising along the interstate system or primary system in violation of this Article or...
- § 136-136 Zoning changes
All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any commercial and industrial zones within 660...
- § 136-137 Information directories
The Department of Transportation is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas...
- § 136-138 Agreements with United States authorized
The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of outdoor advertising in areas adjacent to...
- § 136-139 Alternate control
In addition to any other control provided for in this Article, the Department of Transportation may regulate outdoor advertising in accordance with the standards provided...
- § 136-140 Availability of federal aid funds
The Department of Transportation shall not be required to expend any funds for the regulation of outdoor advertising under this Article, nor shall the provisions...
- § 136-140.1 Adopt-A-Highway
(a) Notwithstanding any other provision of this Article, the Department of Transportation may permit individuals or groups participating in its Adopt‑A‑Highway Program access to controlled...
- § 136-140.2 through 136-140.5 Reserved for future codification purposes
Article 11A - Exemption and Deferment from Removal of Certain Directional Signs, Displays, and Devices.
- § 136-140.6 Declaration of policy
Notwithstanding any other provision of law, the State of North Carolina hereby finds and declares that the removal of certain directional signs, displays, and devices,...
- § 136-140.7 Definitions
As used in this Article: "Motorist services directional signs" means signs, displays, and devices giving directional information about goods and services in the interest of...
- § 136-140.8 Exemption procedures
The North Carolina Department of Transportation shall upon receipt of a declaration, petition, resolution, certified copy of an ordinance, or other clear direction from a...
- § 136-140.9 Deferment
The North Carolina Department of Transportation shall adopt programs to assure that removal of directional signs, displays or devices, providing directional information about goods and...
- § 136-140.10 through 136-140.14 Reserved for future codification purposes
Article 11B - Tourist-Oriented Directional Sign Program.
- § 136-140.15 Scope of operations
(a) Program. The Department of Transportation shall administer a tourist‑oriented directional signs (TODS) program. (b) Definitions. The following definitions apply in this Article: (1) TODS....
- § 136-140.16 Eligibility criteria
A business or facility is eligible to participate in the TODS program if it meets all of the following conditions: (1) It is open to...
- § 136-140.17 Terminating participation in program
A business or facility may terminate its participation in the TODS program at any time. The business or facility is not entitled to a refund...
- § 136-140.18 Temporary modification of TODS panels
(a) The Department shall allow a participating business or facility to close for remodeling or to repair damage from fire or other natural disaster if...
- § 136-140.19 Department to adopt rules to implement the TODS program
The Department shall adopt rules to implement the TODS program created by this Article. The rules shall include all of the following: (1) The Department...
Article 12 - Junkyard Control Act.
- § 136-141 Title of Article
This Article may be cited as the Junkyard Control Act. (1967, c. 1198, s. 1.)
- § 136-142 Declaration of policy
The General Assembly hereby finds and declares that although junkyards are a legitimate business, the establishment and use and maintenance of junkyards in the vicinity...
- § 136-143 Definitions
As used in this Article: (1) The term "automobile graveyard" shall mean any establishment or place of business which is maintained, used, or operated for...
- § 136-144 Restrictions as to location of junkyards
No junkyard shall be established, operated or maintained, any portion of which is within 1,000 feet of the nearest edge of the right‑of‑way of any...
- § 136-145 Enforcement provisions
Any person, firm, corporation or association that establishes, operates or maintains a junkyard within 1,000 feet of the nearest edge of the right‑of‑way of any...
- § 136-146 Removal of junk from illegal junkyards
Any junkyard established after the effective date of this Article as determined by G.S. 136‑155, in violation of the provisions of this Article or rules...
- § 136-147 Screening of junkyards lawfully in existence
Any junkyard lawfully in existence on the effective date of this Article as determined by G.S. 136‑155 which does not conform to the requirements for...
- § 136-148 Acquisition of existing junkyards where screening impractical
(a) In the event that the Department of Transportation shall determine that screening of any existing junkyard designated in G.S. 136‑147 hereof would be inadequate...
- § 136-149 Permit required for junkyards
No person shall establish, operate or maintain a junkyard any portion of which is within 1,000 feet of the nearest edge of the right‑of‑way of...
- § 136-149.1 Judicial review
Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules...
- § 136-150 Condemnation procedure
The Department of Transportation shall use the condemnation procedure as provided by Article 9 of Chapter 136 of the General Statutes for the purposes of...
- § 136-151 Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation
The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The establishment, operation and maintenance of junkyards...
- § 136-152 Agreements with United States
The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of junkyards and areas in the vicinity...
- § 136-153 Zoning changes
All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any industrial zone within 660 feet of...
- § 136-154 Alternate control
In addition to any other provisions of this Article, the Department of Transportation shall have the authority to acquire by purchase, gift, exchange, or condemnation,...
- § 136-155 Availability of federal aid funds
The Department of Transportation shall not be required to expend any funds for the regulation of junkyards under this Article, nor shall the provisions of...
Article 13 - Highway Relocation Assistance Act.
Article 14 - North Carolina Highway Trust Fund.
- § 136-175 Definitions
The following definitions apply in this Article: (1) Intrastate System. The network of major, multilane arterial highways composed of those routes, segments, or corridors listed...
- § 136-176 Creation, revenue sources, and purpose of North Carolina Highway Trust Fund
(a) A special account, designated the North Carolina Highway Trust Fund, is created within the State treasury. The Trust Fund consists of the following revenue:...
- § 136-177 Limitation on funds obligated from Trust Fund
In a fiscal year, the Department of Transportation may not obligate more Trust Fund revenue, other than revenue allocated for city streets under G.S. 136‑176(b)(3)...
- § 136-177.1 Requirement to use federal funds for Intrastate System projects and urban loops
For fiscal years 1996‑97 through 2010‑11, the Department of Transportation must use ten million dollars ($10,000,000) of the funds it receives each year under 23...
- § 136-178 Purpose and description of Intrastate System
(a) The Intrastate System is established to provide high‑speed, safe travel service throughout the State. It connects major population centers both inside and outside the...
- § 136-179 Projects of Intrastate System funded from Trust Fund
In the allocation of funds as specified in G.S. 136‑176(b)(1), first priority shall be given to the following projects on the Intrastate System: Route Improvements...
- § 136-180 Urban loops
(a) Funds allocated from the Trust Fund for urban loops may be used only for the following urban loops: Affected Loop Description Counties Asheville Western...
- § 136-180.1 Repealed by Session Laws 2002-126, s. 26.10(b), effective July 1, 2002
- § 136-181 Supplement for city streets
Funds allocated to supplement the appropriations for city streets made under G.S. 136‑41.1 shall be distributed to cities as provided in that statute. (1989, c....
- § 136-182 Supplement for secondary road construction
Funds are allocated from the Trust Fund to increase allocations for secondary road improvement made under G.S. 136‑44.2A so that all State‑maintained unpaved secondary roads...
- § 136-183 Repealed by Session Laws 2001-424, s. 27.1
- § 136-184 Reports by Department of Transportation
(a) The Department of Transportation shall develop, and update annually, a report containing a completion schedule for all projects to be funded from the Trust...
- § 136-185 Maintenance reserve created in certain circumstances
If the Highway Trust Fund has not terminated but all contracts for the projects of the Intrastate System described in G.S. 136‑179 have been let...
- § 136-186 through 136-189 Reserved for future codification purposes
Article 15 - Railroads.
- § 136-190 Powers of railroad corporations
Every railroad corporation shall have power: (1) To Survey and Enter on Land. To cause such examination and surveys for its proposed railroad to be...
- § 136-191 Intersection with highways
Whenever the track of a railroad shall cross a highway or turnpike, such highway or turnpike may be carried under or over the track, as...
- § 136-192 Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor
(a) Whenever, in their construction, the works of any railroad corporation shall cross established roads or ways, the corporation shall so construct its works as...
- § 136-193 Joint construction of railroads having same location
Whenever two railroad companies shall, for a portion of their respective lines, embrace the same location of line, they may by agreement provide for the...
- § 136-194 Cattle guards and private crossings; failure to erect and maintain misdemeanor
Every company owning, operating or constructing any railroad passing through and over the enclosed land of any person shall, at its own expense, construct and...
- § 136-195 To regulate crossings and to abolish grade crossings
The Department may require the raising or lowering of any tracks or roadway at any grade crossing in a road or street not forming a...
- § 136-196 Injury to passenger while in prohibited place
If any passenger on any railroad is injured in any portion of a train where passengers are prohibited by notice conspicuously posted in its passenger...
- § 136-197 Ticket may be refused intoxicated person; penalty for prohibited entry
The ticket agent of a passenger train shall at all times have the power to refuse to sell a ticket to a person wanting to...
- § 136-198 Passenger refusing to pay fare or violating rules may be ejected
If a passenger shall refuse to pay the fare, be or become intoxicated, or violate the rules of a passenger train, it shall be lawful...
- § 136-199 Reserved for future codification purposes
Article 16 - Planning.
- § 136-200 Definitions
As used in this Article: (1) "Conformity" means the extent to which transportation plans, programs, and projects conform to federal air quality requirements as specified...
- § 136-200.1 Metropolitan planning organizations recognized
Metropolitan planning organizations established pursuant to the provisions of 23 U.S.C. 134 are hereby recognized under the law of the State. Metropolitan planning organizations in...
- § 136-200.2 Decennial review of metropolitan planning organization boundaries, structure, and governance
(a) Evaluation. Following each decennial census, and more frequently if requested by an individual metropolitan planning organization, the Governor and the Secretary of Transportation, in...
- § 136-200.3 Additional provisions applicable to consolidated metropolitan planning organizations
(a) Limit on Basis for Project Objection. Beginning with the 2004 State Transportation Improvement Program, neither the State nor a consolidated metropolitan planning organization shall...
- § 136-200.4 Additional requirements for metropolitan planning organizations located in nonattainment areas
(a) Consultation and Single Conformity Plan Required. When an area of the State is designated as non‑attainment under the federal Clean Air Act (42 U.S.C....
- § 136-200.5 Matching funds for Metropolitan Planning Organizations located in nonattainment areas or maintenance areas
(a) Application. The lead planning agency for any Metropolitan Planning Organization located in an area designated as a nonattainment or maintenance area under the federal...
- § 136-200.6 Funds for local transportation planning efforts in areas designated nonattainment areas or maintenance areas
(a) Application. A regional transportation planning agency in an area designated as a nonattainment or maintenance area under the federal Clean Air Act (42 U.S.C....
- § 136-201 Plan for intermodal interface
When planning a regionally significant transportation project, the Department shall consider design alternatives that will facilitate the cost‑effective interface of the project with other existing...
- § 136-202 Metropolitan planning organizations
(a) Each Metropolitan Planning Organization shall base all transportation plans, metropolitan transportation improvement programs, and conformity determinations on the most recently completed regional travel demand...
- § 136-203 Repealed by Session Laws 2002-148, s. 1, effective October 9, 2002
- § 136-204 through 136-209 Reserved for future codification purposes
Article 17 - Rural Transportation Planning Organizations.
Article 18 - Virginia North Carolina Interstate High Speed Rail Compact.
- § 136-220 Compact established
Pursuant to the invitation in 49 U.S.C. 24101 (Interstate Compacts), in which the United States Congress grants consent to states with an interest in a...
- § 136-221 Agreement
The Commonwealth of Virginia and the State of North Carolina agree, upon adoption of this compact: (1) To study, develop, and promote a plan for...
- § 136-222 Commission established; appointment and terms of members; chairman; reports; commission funds; staff
(a) Commission established. The Virginia‑North Carolina High‑Speed Rail Compact Commission is hereby established as a regional instrumentality and a common agency of each signatory party,...
