North Carolina Statutes

Chapter 136 Roads and Highways

Article 1 - Organization of Department of Transportation.

Article 2 - Powers and Duties of Department and Board of Transportation.

Article 2A - State Roads Generally.

Article 2B - Public Transportation.

Article 2C - House Movers Licensing Board.

Article 2D - Railroad Revitalization.

Article 2E - Transportation Corridor Official Map Act.

Article 3 - State Highway System.

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.

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.

Article 6 - Ferries, etc., and Toll Bridges.

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.

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.

  • § 136-122   Legislative findings and declaration of policy
    The General Assembly finds that the rapid growth and the spread of urban development along and near the State highways is encroaching upon or eliminating...
  • § 136-123   Restoration, preservation and enhancement of natural or scenic beauty
    (a) The Department of Transportation is hereby authorized and empowered to acquire by purchase, exchanges or gift, the fee‑simple title or any lesser interest therein...
  • § 136-124   Availability of federal aid funds
    The Department of Transportation shall not be required to expend any funds for the acquisition of property under the provisions of this Article unless federal...
  • § 136-125   Regulation of scenic easements
    The Department of Transportation shall have the authority to promulgate rules and regulations governing the use, maintenance and protection of the areas or interests acquired...

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.

Article 15 - Railroads.

Article 16 - Planning.

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,...