reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-32.2 - Placing blinding, deceptive or distracting lights unlawful.

§ 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, in such a manner and place and of such intensity:
(1) Which, by the use of flashing or blinding lights, blinds, tends to blind and effectively hampers the vision of the operator of any motor vehicle passing on a public highway; or
(2) Which involves red, green or amber lights or reflectorized material and which resembles traffic signal lights or traffic control signs; or
(3) Which, by the use of lights, reasonably causes the operator of any motor vehicle passing upon a public highway to mistakenly believe that there is approaching or situated in his lane of travel some other motor vehicle or obstacle, device or barricade, which would impede his traveling in such lane;
[he or it] shall be guilty of a Class 3 misdemeanor.
(b) Each 10 days during which a violation of the provisions of this section is continued after conviction therefor shall be deemed a separate offense.
(c) The provisions of this section shall not apply to any lights or lighting devices erected or maintained by the Department of Transportation or other properly constituted State or local authorities and intended to effect or implement traffic control and safety. Nothing contained in this section shall be deemed to prohibit the otherwise reasonable use of lights or lighting devices for advertising or other lawful purpose when the same do not fall within the provisions of subdivisions (1) through (3) of subsection (a) of this section.
(d) The enforcement of this section shall be the specific responsibility and duty of the State Highway Patrol in addition to all other law-enforcement agencies and officers within this State; provided, however, no warrant shall issue charging a violation of this section unless the violation has continued for 10 days after notice of the same has been given to the person, firm or corporation maintaining or owning such device or devices alleged to be in violation of this section. (1959, c. 560; 1973, c. 507, s. 5; 1975, c. 716, s. 5; 1977, c. 464, ss. 7.1, 17; 1993, c. 539, s. 983; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-32.3 - Litter enforcement signs.

§ 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 of the maximum penalty for littering. The Department of Transportation shall determine the locations of and distance between the signs. (2001-512, s. 4.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-33 - Damaging or removing signs; rewards.

§ 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, without just cause or excuse, shall have in his possession any highway sign as provided in G.S. 136-26 or G.S. 136-30.
(b1) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(c) The Department of Transportation is authorized to offer a reward not to exceed five hundred dollars ($500.00) for information leading to the arrest and conviction of persons who violate the provisions of this section, such reward to be paid from funds of the Department of Transportation.
(d) The enforcement of this section shall be the specific responsibility and duty of the State Highway Patrol in addition to all other law-enforcement agencies and officers within this State. (1927, c. 148, s. 57; 1971, c. 671; 1973, c. 507, s. 5; 1975, cc. 11, 93, c. 716, s. 7; 1977, c. 464, ss. 7.1, 18; 1991 (Reg. Sess., 1992), c. 1030, s. 41; 1993, c. 539, s. 984; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-33.1 - Signs for protection of cattle.

§ 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 road or highway under the control of the Department of Transportation, such signs to be so worded, designed and located as to give adequate warning of the presence and crossing of cattle. Such signs shall be located at points agreed upon by the owner and the Department of Transportation at points selected to give reasonable warning of places customarily or frequently used by the cattle of said owner to cross said road or highway, and no one owner shall be entitled to demand the placing of signs at more than one point on a single or abutting tracts of land. (1949, c. 812; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-33.2A - Signs marking beginning of reduced speed zones.

§ 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 erected, of adequate size, at least 600 feet in advance of the beginning of any speed zone established by any agency of the State authorized to establish the same, which shall indicate a change in the speed limit. (2007-164, s. 3.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-34 - Department of Transportation authorized to furnish road equipment to municipalities.

§ 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 agreement as may be agreed upon by the Department of Transportation and the said municipality. Such rental, however, is to be at least equal to the cost of operation, plus wear and tear on such equipment; and the Department of Transportation shall not be required to furnish equipment when to do so would interfere with the maintenance of the streets and highways under the control of the Department of Transportation. (1941, c. 299; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, ss. 7.1, 19.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-34.1 - Department of Transportation authorized to furnish road maintenance materials to municipalities.

§ 136-34.1. Department of Transportation authorized to furnish road maintenance materials to municipalities.
The Department of Transportation is authorized, in its discretion, to furnish municipalities road maintenance materials to aid municipalities in the maintenance of streets upon agreement for reimbursement, as may be required by the Department and agreed to by the municipality. The agreement shall provide for reimbursement in an amount at least equal to the cost of the materials, together with the actual reasonable cost of any handling and storage of the materials and of administering the reimbursement agreement, all as solely determined by the Department. In no event shall the Department of Transportation be required to furnish road maintenance materials when, in the sole determination of the Department of Transportation, to do so would interfere with the maintenance of the streets and highways under its control. Notwithstanding any other provision of law, the provision of and reimbursement for materials under this section shall not be deemed a sale for any purpose. (2009-332, s. 3.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-35 - Cooperation with other states and federal government.

§ 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 the federal government in the correlation of roads and other transportation systems so as to form a system of intercounty, interstate, and national highways and transportation systems. The Department of Transportation may enter into reciprocal agreements with other states and the United States Department of Transportation to perform inspection work and to pay reasonable fees for inspection work performed by others in connection with supplies and materials used in transportation construction and repair. (1915, c. 113, s. 12; C.S., s. 3584; 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1985, c. 127; c. 689, s. 31; 2009-266, s. 17.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-41.2 - Eligibility for funds; municipalities incorporated since January 1, 1945.

§ 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 the general law, whichever is applicable, for the purpose of electing municipal officials. The literal requirement that the most recent required election shall have been held may be waived only:
(1) Where the members of the present governing body were appointed by the General Assembly in the act of incorporation and the date for the first election of officials under the terms of that act has not arrived; or,
(2) Where validly appointed or elected officials have advertised notice of election in accordance with law, but have not actually conducted an election for the reason that no candidates offered themselves for office.
(b) No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has levied an ad valorem tax for the current fiscal year of at least five cents (5¢) on the one hundred dollars ($100.00) valuation upon all taxable property within its corporate limits, and unless it has actually collected at least fifty percent (50%) of the total ad valorem tax levied for the preceding fiscal year; provided, however, that, for failure to have collected the required percentage of its ad valorem tax levy for the preceding fiscal year:
(1) No municipality making in any year application for its first annual allocation shall be declared ineligible to receive such allocation; and
(2) No municipality shall be declared ineligible to receive its share of the annual allocation to be made in the year 1964.
(c) No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has formally adopted a budget ordinance in substantial compliance with G.S. 159-8 and G.S. 159-13, showing revenue received from all sources, and showing that funds have been appropriated for at least two of the following municipal services if the municipality was incorporated with an effective date prior to January 1, 2000, water distribution; sewage collection or disposal; garbage and refuse collection or disposal; fire protection; police protection; street maintenance, construction, or right-of-way acquisition; or street lighting, or at least four of the following municipal services if the municipality was incorporated with an effective date of on or after January 1, 2000: (i) police protection; (ii) fire protection; (iii) solid waste collection or disposal; (iv) water distribution; (v) street maintenance; (vi) street construction or right-of-way acquisition; (vii) street lighting; and (viii) zoning.
(d) The provisions of this section shall not apply to any municipality incorporated prior to January 1, 1945. (1963, c. 854, ss. 3, 3½; 1985 (Reg. Sess., 1986), c. 934, ss. 5, 6; 1999-458, s. 5; 2017-102, s. 20.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-41.2A - Eligibility for funds; municipalities incorporated before January 1, 1945.

§ 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 of funds conducted an election for the purpose of electing municipal officials and currently imposes an ad valorem tax or provides other funds for the general operating expenses of the municipality.
(b) The provisions of this section apply only to municipalities incorporated prior to January 1, 1945. (1985 (Reg. Sess., 1986), c. 934, s. 4.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-41.2B - Eligibility for funds; municipalities with no road miles ineligible.

§ 136-41.2B. Eligibility for funds; municipalities with no road miles ineligible.
No municipality shall be eligible to receive funds under G.S. 136-41.1 unless the municipality maintains public streets that (i) are within its jurisdiction and (ii) do not form a part of the State highway system. (2011-145, s. 28.10(b).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-41.4 - Municipal use of allocated funds; election.

§ 136-41.4. Municipal use of allocated funds; election.
(a) A municipality that qualifies for an allocation of funds pursuant to G.S. 136-41.1 shall have the following options:
(1) Accept all or a portion of funds allocated to the municipality for use as authorized by G.S. 136-41.3(a).
(2) Use some or all of its allocation to match federal funds administered by the Department for independent bicycle and pedestrian improvement projects within the municipality's limits, or within the area of any metropolitan planning organization or rural transportation planning organization.
(3) Elect to have some or all of the allocation reprogrammed for any Transportation Improvement Project currently on the approved project list within the municipality's limits or within the area of any metropolitan planning organization or rural transportation planning organization.
(b) If a municipality chooses to have its allocation reprogrammed, the amount that may be reprogrammed is an amount equal to that amount necessary to complete one full phase of the project selected by the municipality or an amount that, when added to the amount already programmed for the Transportation Improvement Project selected, would permit the completion of at least one full phase of the project. The restriction set forth in this subsection shall not apply to any bicycle or pedestrian projects. (2007-428, s. 5; 2013-183, s. 3.4.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-41.5 - Annual report on use of Bicycle and Pedestrian Planning Grant funds.

§ 136-41.5. Annual report on use of Bicycle and Pedestrian Planning Grant funds.
The Division of Bicycle and Pedestrian Transportation of the Department of Transportation shall submit an annual report by May 15 on the progress of projects identified in plans (i) submitted to the Division over the 10-year period prior to the report and (ii) funded from Bicycle and Pedestrian Planning Grant funds. The Division shall submit the report required by this section to the chairs of the House of Representatives Appropriations Committee on Transportation, the chairs of the Senate Appropriations Committee on the Department of Transportation, and the Fiscal Research Division of the General Assembly. (2017-57, s. 34.22.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-42 - Transferred to G.S.2 by Session Laws 1971, c345, s2.

§ 136-42. Transferred to G.S. 136-42.2 by Session Laws 1971, c. 345, s. 2.
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-42.1 - Archaeological objects on highway right-of-way.

§ 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 and the preservation of archaeological and paleontological objects of value which are located within the right-of-way acquired for highway construction. The Department of Natural and Cultural Resources shall be consulted when objects of scientific or historical significance might be anticipated or encountered in highway right-of-way and a determination made by that Department as to the national, State, or local importance of preserving any or all fossil relics, artifacts, monuments or buildings. The Department of Natural and Cultural Resources shall request advice from other agencies or institutions having special knowledge or skills that may not be available in the said Department for the determination of the presence of or for the evaluation and salvage of prehistoric archaeological or paleontological remains within the highway right-of-way. The Department of Transportation is authorized to contract with the Department of Natural and Cultural Resources and to provide funds necessary to perform reconnaissance surveys, preliminary site examination and salvage operation at those sites determined by the Department of Natural and Cultural Resources to be of sufficient importance to be preserved for the inspiration and benefit of the people of North Carolina. The Department of Natural and Cultural Resources is authorized to enter into contracts and to make arrangements to perform the necessary work pursuant to this section. The Department of Natural and Cultural Resources shall assume possession and responsibility for any and all historical objects and is authorized to enter into agreements with governmental units and agencies thereof, institutions, and charitable organizations for the preservation of any or all fossil relics, artifacts, monuments, or buildings. (1971, c. 345, s. 1; 1973, c. 476, s. 48; c. 507, s. 5; 1977, c. 464, s. 7.1; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-42.2 - Markers on highway; cooperation of Department of Transportation.

§ 136-42.2. Markers on highway; cooperation of Department of Transportation.
The Department of Transportation is hereby authorized to cooperate with the Department of Natural and Cultural Resources in marking historic spots along the State highways. (1927, c. 226, s. 1; 1933, c. 172, s. 17; 1943, c. 237; 1957, c. 65, s. 11; 1971, c. 345, s. 2; 1973, c. 476, s. 48; c. 507, s. 5; 1977, c. 464, s. 7.1; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-42.3 - Historical marker program.

§ 136-42.3. Historical marker program.
The Department of Transportation shall transfer one hundred thousand dollars ($100,000) each fiscal year to the Department of Natural and Cultural Resources for the purchase of historical markers. The Department of Transportation shall erect the markers on sites selected by the Department of Natural and Cultural Resources. This expenditure is hereby declared to be a valid expenditure of State highway maintenance funds. No provision in this section shall be construed to prevent the expenditure of any federal highway funds that may be available for this purpose. (1935, c. 197; 1943, c. 237; 1951, c. 766; 1955, c. 543, s. 2; 1957, c. 65, s. 11; 1971, c. 345, s. 2; 1973, c. 476, s. 48; c. 507, s. 5; 1977, c. 464, s. 7.1; 1983 (Reg. Sess., 1984), c. 1034, s. 129; 2015-241, s. 14.30(s); 2016-94, s. 35.4; 2021-180, s. 41.56.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-43 - Transferred to § 136-42.3 by Session Laws 1971, c345, s2.

§ 136-43. Transferred to § 136-42.3 by Session Laws 1971, c. 345, s. 2.
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-43.1 - Procedure for correction and relocation of historical markers.

§ 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 been erected at an erroneous or mistaken site, or that the inscription appearing on any historical marker contains erroneous or mistaken information, shall have the privilege of presenting such knowledge or information and supporting evidence to the advisory committee described in the preamble of Public Laws 1935, c. 197 for its consideration. Upon being informed that any person desires to present such information, the Secretary of Natural and Cultural Resources shall notify such person of the date, place and time of the next meeting of the advisory committee. Any person, firm or corporation desiring to present such information to the advisory committee shall be allowed to appear before the committee for that purpose.
If, after considering the information and evidence presented, the advisory committee should find that any historical marker has been erected on an erroneous or mistaken site, or that erroneous or mistaken information is contained in the inscription appearing on any historical marker, it shall so inform the Department of Natural and Cultural Resources and the Department of Natural and Cultural Resources shall cause such marker to be relocated at the correct site, or shall cause the erroneous or mistaken inscription to be corrected, or both as the case may be. (1961, c. 267; 1973, c. 476, s. 48; 2015-241, ss. 14.30(s), (t).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2 - Powers and Duties of Department and Board of Transportation. › § 136-44 - Maintenance of grounds.

§ 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 clean the premises and grounds at the old home of Nathaniel Macon, known as "Buck Springs," which are owned by the County of Warren, and also to look after the care and keeping the grounds surrounding the grave of Miss Anne Carter Lee, daughter of General Robert E. Lee, in Warren County.
The Department of Transportation is authorized and directed through the highway supervisor of the district that includes Pender County to maintain the grounds surrounding the grave of Governor Samuel Ashe in Pender County. (1939, c. 38; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2001-487, s. 125.1.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.1 - Statewide transportation system; policies.

§ 136-44.1. Statewide transportation system; policies.
The Department of Transportation shall develop and maintain a statewide system of roads, highways, and other transportation systems commensurate with the needs of the State as a whole and it shall not sacrifice the general statewide interest to the purely local desires of any particular area. The Board of Transportation shall formulate general policies and plans for a statewide transportation system. The Board shall formulate policies governing the construction, improvement and maintenance of roads, highways, and other transportation systems of the State with due regard to farm-to-market roads and school bus routes. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 2009-266, s. 18.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.2B - Reports to appropriations committees of General Assembly.

§ 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 of each House on all services provided by the Department to the public for which a fee is charged. The report shall include an analysis of the cost of each service and the fee charged for that service. (1975, c. 875, s. 8; 1981, c. 690, s. 5.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.2D - Secondary unpaved road paving program.

§ 136-44.2D. Secondary unpaved road paving program.
The Department of Transportation shall expend fifty percent (50%) of the funds allocated to the paving of unpaved secondary roads for the paving of unpaved secondary roads based on a statewide prioritization. The Department shall expend the remainder of the funds equally among the 14 Highway Divisions for the paving of unpaved secondary roads within each Highway Division based on the same statewide prioritization. The Department shall pave the eligible unpaved secondary roads that receive the highest priority ranking within this statewide prioritization. Nothing in this subsection shall be interpreted to require the Department to pave any unpaved secondary roads that do not meet secondary road system addition standards as set forth in G.S. 136-44.10 and G.S. 136-102.6. The Highway Trust Fund shall not be used to fund the paving of unpaved secondary roads. (2013-183, s. 2.5; 2016-94, s. 35.7(a).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.6 - Uniformly applicable formula for the allocation of funds for primary and secondary road maintenance.

§ 136-44.6. Uniformly applicable formula for the allocation of funds for primary and secondary road maintenance.
The Department of Transportation, in consultation with its Division Engineers, shall develop biennially a uniformly applicable formula for the allocation of funds in the Highway Fund for maintenance on primary and secondary roads in each Highway Division. The formula shall take into consideration the number of paved and unpaved miles of state-maintained secondary roads in each Highway Division and such other factors as experience may dictate. In developing the allocation formula, the Department of Transportation shall allocate funding to Highway Divisions and create a plan of action to reallocate funds among Highway Divisions based upon expenditures of the first three quarters. Each Division Engineer shall have discretion in using funds allocated under this section to his or her Highway Division for maintenance activities. Allotments shall be made available to Highway Divisions on a quarterly basis, based upon the Spend Plan developed by the Department. The Department shall create a plan for reallocation to maximize use of funds with the fiscal year. This section shall not apply to projects to pave unpaved roads under G.S. 136-44.2D. (1973, c. 507, s. 3; 1975, c. 716, s. 7; c. 753; 2013-183, s. 2.6(c); 2016-94, s. 35.24(c); 2020-91, s. 5.10.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7 - Secondary roads; right-of-way acquisition.

§ 136-44.7. Secondary roads; right-of-way acquisition.
(a), (b) Repealed by Session Laws 2013-183, s. 2.7, effective July 1, 2013.
(c) When it is necessary for the Department of Transportation to acquire a right-of-way in order to pave a secondary road or undertake a maintenance project, the Department shall negotiate the acquisition of the right-of-way for a period of up to six months. At the end of that period, if one or more property owners have not dedicated the necessary right-of-way and at least seventy-five percent (75%) of the property owners adjacent to the project and the owners of the majority of the road frontage adjacent to the project have dedicated the necessary property for the right-of-way and have provided funds required by Department rule to the Department to cover the costs of condemning the remaining property, the Department shall initiate condemnation proceedings pursuant to Article 9 of this Chapter to acquire the remaining property necessary for the project.
(d) The Division Engineer is authorized to reduce the width of a right-of-way to less than 60 feet to pave an unpaved secondary road with the allocated funds, provided that in all circumstances the safety of the public is not compromised and the minimum accepted design practice is satisfied. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464, s. 8; 1989, c. 692, s. 1.9; 1991 (Reg. Sess., 1992), c. 900, s. 99; 2001-501, s. 2; 2002-86, s. 1; 2013-183, s. 2.7.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7A - Submission of secondary roads construction programs to State agencies.

§ 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 obtain the approval of that State agency before paving that secondary road. (1996, 2nd Ex. Sess., c. 18, s. 19.7.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7B - Permit issuance by Department of Environmental Quality transportation construction projects.

§ 136-44.7B. Permit issuance by Department of Environmental Quality transportation construction projects.
Once the Department of Environmental Quality or any agency within the Department of Environmental Quality has issued a permit that is required for a transportation construction project to be undertaken by or on behalf of the Department of Transportation pursuant to the Transportation Improvement Program, that permit shall remain in effect until the project is completed. The permit shall not expire and shall not be modified or canceled for any reason, including a subsequent change in federal law or regulations or in State law or rules, unless at least one of the following occurs:
(1) The modification or cancellation is requested by the Department of Transportation.
(2) The modification or cancellation is clearly required by a change in federal law or regulations and a failure to modify or cancel the permit by the Department of Environmental Quality will or may result in a loss of federal program delegation or a significant reduction in the availability of federal funds to the Department of Environmental Quality or to the Department of Transportation.
(3) The modification or cancellation is clearly required by a change in State law as a result of an act of the General Assembly that includes a statement that the General Assembly specifically intends the change in State law to apply to ongoing transportation construction projects.
(4) The modification or cancellation is ordered by a court of competent jurisdiction.
(5) The nature or scope of the transportation construction project is significantly expanded or otherwise altered.
(6) Federal law or regulation requires that the permit expire at the end of a specific term of years. (2003-284, s. 29.6; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7C - Analysis and approval of Department of Transportation environmental policies or guidelines affecting transportation projects.

§ 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 of Transportation projects to determine if the policy or guideline will result in an increased cost to Department of Transportation projects.
(b) Report of Analysis; Approval of Policy or Guideline Required. – The analysis of a proposed policy or guideline required by subsection (a) of this section shall be reported to the Board of Transportation at least 30 days prior to the proposed effective date of the policy or guideline, and shall not go into effect until approved by the Board of Transportation. (2005-276, s. 28.8(b).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7D - Bridge construction guidelines.

§ 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 projected for a 100-year flood for the region in which the bridge is built. The bridge shall be built without regard for the riparian buffer zones as designated by the Department of Environmental Quality, Division of Water Resources. No Memorandums of Agreement may be made between Departments to bypass this construction mandate. No agency rules shall be enacted contrary to this section. (2007-551, s. 4; 2013-413, s. 57(g); 2014-115, s. 17; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.7E - Compliance with federal guidelines for transportation projects.

§ 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 Department as the recipient agency is the co-lead agency with the United States Department of Transportation, delegating all other federal, state, or local agencies as participating or cooperating agencies. The Department's designation as a co-lead agency shall inure to the Department the authority to determine the purpose and need of a project and to determine viable alternatives. Any conflict between cooperating or participating agencies and the Department shall be resolved by the Department in favor of the completion of the project in conflict. (2007-551, s. 5.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.8 - Submission of unpaved secondary roads paving programs to the Boards of County Commissioners.

§ 136-44.8. Submission of unpaved secondary roads paving programs to the Boards of County Commissioners.
(a) Repealed by Session Laws 2013-183, s. 2.8(a), effective July 1, 2013.
(a1) In each county having unpaved roads programmed for paving, representatives of the Department of Transportation shall annually provide to the board of county commissioners in those counties a list of roads proposed for the annual paving program approved by the Board of Transportation. The paving priority list shall include the priority rating of each secondary road paving project included in the proposed paving program according to the criteria and standards adopted by the Board of Transportation. In addition to the list required under this subsection, the Department of Transportation shall annually provide to the board of county commissioners a summary of unpaved secondary road projects completed in the particular county for the prior calendar year, including an indication as to which projects were not completed on schedule and a detailed explanation as to why the projects were not completed on schedule.
(b) through (d) Repealed by Session Laws 2013-183, s. 2.8(a), effective July 1, 2013.
(e) Repealed by Session Laws 2013-183, s. 2.8(b), effective July 1, 2014.
(f) The unpaved secondary roads paving programs adopted by the Board of Transportation shall be followed by the Department of Transportation unless changes are approved by the Board of Transportation and notice of any changes is given to the board of county commissioners. Upon request, the most recent unpaved secondary roads paving programs adopted shall be submitted to any member of the General Assembly. The Department of Transportation shall make the annual construction program for each affected county available to the newspapers having a general circulation in the county. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464, s. 9; 1981, c. 536; 2013-183, ss. 2.8(a), (b); 2015-241, s. 29.12(c).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.10 - Additions to secondary road system.

§ 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 road system. These standards and criteria shall be promulgated and copies made available for free distribution. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464, ss. 8, 21.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.11 - Right-of-way acquisitions; preliminary engineering annual report.

§ 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 there has been no right-of-way acquisition, projects where right-of-way has been acquired more than two years but construction contracts have not been let. The report shall include the year or years in which the preliminary engineering was performed and the cost incurred, the number of right-of-way acquisitions for each project, the dates of the first and last acquisition and the total expenditure for right-of-way acquisition. The report shall include the status of the construction project for which the preliminary engineering was performed or the right-of-way acquired and the reasons for delay, if any.
(b) Requests to the Board of Transportation for allocation of funds for the purchase of right-of-way shall include an estimated time schedule to complete all necessary right-of-way purchases related to a specific project, and a proposed date to award construction contracts for that project. If the anticipated construction contract date is more than two years beyond the estimated completion of the related right-of-way purchases, the approval of both the Board of Transportation and the Director of the Budget is required. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1981, c. 859, s. 69.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.12 - Maintenance of roads and parking lots in areas administered by the Division of Parks and Recreation.

§ 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 the boundaries of all areas administered by the Division of Parks and Recreation of the Department of Natural and Cultural Resources.
All such roads and parking lots shall be planned, designed, and engineered through joint action between the Department of Transportation and the Division of Parks and Recreation of the Department of Natural and Cultural Resources. This joint action shall encompass all accepted park planning and design principles. Particular concern shall be given to traffic counts and vehicle weight, minimal cutting into or through any natural and scenic areas, width of shoulders, the cutting of natural growth along roadways, and the reduction of any potential use of roads or parking lots for any purpose other than by park users. All State park roads and parking lots shall conform to the standards regarding width and other roadway specifications as agreed upon by the Division of Parks and Recreation of the Department of Natural and Cultural Resources and the Department of Transportation.
The State park road systems may be closed to the public in accordance with approved park practices that control the use of State areas so as to protect these areas from overuse and abuse and provide for functional use of the park areas, or for any other purpose considered in the best interest of the public by the Division of Parks and Recreation of the Department of Natural and Cultural Resources.
Nothing herein shall be construed to include the transfer to the Department of Transportation the powers now vested in the Division of Parks and Recreation of the Department of Natural and Cultural Resources relating to the patrol and safeguarding of State park roads or State park parking lots. (1973, c. 123, ss. 1-3; 1977, c. 771, s. 4; 1989, c. 727, s. 218(89); c. 799, s. 12(b); 1991 (Reg. Sess., 1992), c. 907, s. 3; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(ww).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.14 - Curb ramps or curb cuts for handicapped persons.

§ 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, shall meet the following minimum requirements:
(1) No less than two curb ramps or curb cuts shall be provided per lineal block, located at intersections.
(2) In no case, shall the width of a curb ramp or curb cut be less than 40 inches.
(3) The maximum gradient of such curb ramps or curb cuts shall be eight and thirty-three one-hundredths percent (8.33%) (12 inches slope for every one-inch rise) in relationship to the grade of the street or road.
(4) One curb ramp or curb cut may be provided under special conditions between each radius point of a street turnout of an intersection, if adequate provisions are made to prevent vehicular traffic from encroaching on the ramp.
(b) Minimum requirements for curb ramps or curb cuts under subsection (a) shall be met (i) in the initial construction of such curbs, and (ii) whenever such curbs are reconstructed, including, but not limited to, reconstruction for maintenance procedures and traffic operations, repair, or correction of utilities.
(c) The Department of Transportation, Division of Highways, Highway Design Section, is authorized and directed to develop guidelines to implement this Article in consultation with the Governor's Study Committee on Architectural Barriers (or the Committee on Barrier-Free Design of the Governor's Committee on Employment of the Handicapped if the Governor's Study Committee on Architectural Barriers ceases to exist). All curb ramps or curb cuts constructed or reconstructed in North Carolina shall conform to the guidelines of the Highway Design Section.
(d) The Department of Transportation, Division of Highways, Highway Design Section, is authorized and directed to provide free copies of this Article together with implementary guidelines and standards, to municipal and county governments and public utilities operating within the State. (1973, c. 718, ss. 1-4.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.16 - Authorized use of contract maintenance resurfacing program funds.

§ 136-44.16. Authorized use of contract maintenance resurfacing program funds.
(a) 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%) of the Board of Transportation's allocation of these funds may be used for widening existing narrow pavements.
(b) The uses of slurry seal treatments, microsurfacing treatments, and thin lift asphalt overlays for pavement preservation treatments are authorized uses of contract maintenance resurfacing program funds. (1997-443, s. 32.12; 2003-112, s. 1; 2014-100, s. 34.11(d).)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2A - State Transportation Generally. › § 136-44.17 - Pavement preservation program.

§ 136-44.17. Pavement preservation program.
(a) Program Established. – The Department of Transportation shall establish the pavement preservation program.
(b) Eligible Activities or Treatments. – Applications eligible for funding under the pavement preservation program include the following preservation activities or treatments for asphalt pavement structures:
(1) Chip seals, slurry seals, fog seals, sand seals, scrub seals, and cape seals.
(2) Microsurfacing.
(3) Profile milling not covered by resurfacing.
(4) Asphalt rejuvenators.
(5) Open graded asphalt friction course.
(6) Overlays less than 1,000 feet in length.
(7) Diamond grinding.
(8) Joint sealing.
(9) Dowel bar retrofit.
(10) Partial-depth or full-depth repairs and reclamations.
(11) Ultra-thin whitetopping.
(12) Thin lift and sand asphalt overlays.
(13) Asphalt crack sealing.
(14) Pavement markers and markings.
(c) Ineligible Activities or Treatments. – The pavement preservation program shall not include the following preservation activities or treatments:
(1) Contract resurfacing activities or major pavement rehabilitation treatments and pretreatments that are used in combination with a resurfacing treatment, such as profile milling or chip seals.
(2) Routine maintenance activities used to maintain and preserve the condition of roads. Treatments include, but are not limited to, pothole patching, rut filling, cleaning of roadside ditches and structures, shoulder maintenance, and retracing of pavement markings.
(3) Maintenance and preservation activities performed on bridges or culverts.
(4) Activities related to positive guidance or signal maintenance program functions.
(d) Encumbrance Schedule. – Beginning in the 2015-2016 fiscal year, the Department of Transportation shall spend or encumber all funds appropriated by the General Assembly to the Department for the pavement preservation program by June 30 of the fiscal year for which the funds were appropriated. (2014-100, s. 34.11(f); 2015-241, s. 29.17(a); 2017-57, s. 34.9.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2B - Public Transportation. › § 136-44.21 - Ridesharing arrangement defined.

§ 136-44.21. Ridesharing arrangement defined.
Ridesharing arrangement means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of the driver and is not operated or provided for profit. The term shall include ridesharing arrangements such as carpools, vanpools and buspools. (1981, c. 606, s. 1.)
2023 North Carolina General Statutes › Chapter 136 - Transportation › Article 2B - Public Transportation. › § 136-44.22 - Workers' Compensation Act does not apply to ridesharing arrangements.

§ 136-44.22. Workers' Compensation Act does not apply to ridesharing arrangements.
Chapter 97 of the General Statutes shall not apply to a person injured while participating in a ridesharing arrangement between his or her place of residence and a place of employment or termini near such place, provided that if the employer owns, leases or contracts for the motor vehicle used in such an arrangement, Chapter 97 of the General Statutes shall apply. (1981, c. 606, s. 1.)