reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0200 - TRAFFIC ENGINEERING › Section 02B .0243 - RAILROAD GRADE CROSSING SIGNS, SIGNALS, AND GATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  the Department of Transportation directs a railroad to protect its grade
				  crossings by the erection of electric signals or other safety devices, the
				  railroad so directed shall erect such electric signals or other safety devices
				  as required in the order. Upon the installation and placing into operation of
				  the signals or other safety devices as required in the order, any existing
				  signals or other safety devices shall be removed by the railroad unless
				  otherwise directed by the Department of Transportation.
(b) Where there has been a discontinuance of
				  service but the tracks have not been paved over or removed, crossbuck signs
				  shall be removed and sign R8-9 "TRACKS OUT OF SERVICE" shall be
				  installed.
(c) Where there has been
				  a discontinuance of service and the tracks have been paved over or removed, all
				  signs shall be removed.
(d) Where
				  there has been a discontinuance of service and flashing light signals or gates
				  are present, the gate arms shall be removed and the signal heads shall be
				  hooded, turned, or removed to clearly indicate they are not in
				  operation.
Authority
					 G.S.
					 136-18(5);
					 136-18(11);
					 136-20;
Eff. August
					 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-30;
					 136-89.50;
					 23 U.S.C.
					 101;
Eff. July 1,
					 1978;
Repealed Eff. July 26,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0303 - REPEALED - NC ROUTE NUMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-30;
Eff. July 1,
					 1978;
Amended Eff. July 26, 1993;
Transferred and
					 recodified to
					 19A NCAC
					 02B .0242 Eff. March 4,
					 1998.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0304 - SECONDARY ROAD NUMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All secondary
				  roads which are a part of the Highway System will carry a number beginning at
				  1000.
(b) Secondary road numbers
				  1000 to 1099 are developed for the principal routes within a county.
(c) Wherever possible these numbers are
				  continuous for two or more counties.
(d) Secondary road numbers for the majority
				  of the secondary roads are numbered numerically, increasing in the county.
				  Thus, different counties will have different routes with the same
				  number.
(e) Numbering of secondary
				  roads in each county will start in the southwesterly quadrant, numbering in a
				  clockwise direction with numbers starting at 1100 and numerically increasing. A
				  block of numbers is allotted for each section of the county with sufficient
				  unused numbers to permit roads to be added in the future.
(f) All requests for changing existing
				  secondary road numbers shall be acted upon by the Department of Transportation.
				  Requests for the addition, modification or deletion of secondary road numbers
				  shall be submitted to the Department.
Authority
					 G.S.
					 136-18(5);
					 136-30;
Eff. July 1,
					 1978;
Amended Eff. July 26, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0305 - SOURCE AND PURPOSE POWELL BILL

Current through Register Vol. 39, No. 2, July 15, 2024
Annually the North Carolina Department of Transportation
					 shall pay state street aid allocations from the State Highway Fund to eligible
					 and qualifying municipalities for the maintenance, construction and
					 reconstruction of local city streets. Inquiries about these allocations shall
					 be directed to:
Manager of Program Development
North Carolina Division of Highways
Highway Building
1 S. Wilmington Street
Raleigh, N. C. 27611
Authority
					 G.S.
					 136-41.1 to 41.2; 136-41.3;
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. July
					 26, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0306 - ESTABLISHING ELIGIBILITY POWELL BILL

Current through Register Vol. 39, No. 2, July 15, 2024
Annually as of July 1, each participating municipality
					 shall establish its eligibility for an allocation. Towns incorporated prior to
					 January 1, 1945, must submit a certified statement which provides information
					 on the municipality's most recent election for the purpose of electing
					 municipal officials, ad valorem taxes, or other provisions for funding the
					 general operating expenses of the municipality; and the mileage of its legally
					 qualified, municipality maintained streets. In addition, towns incorporated on
					 or after January 1, 1945, must also include in their certified statement
					 information on their:
(1) ad valorem
				  taxes;
(2) budget ordinance;
				  and
(3) services provided.
In all cases, the statement must be certified by the mayor
					 and city clerk with the mileage certified by a registered professional engineer
					 or a registered land surveyor. To support the mileage claimed on the certified
					 statement, a street map, certified by a registered land surveyor or registered
					 professional engineer, which clearly shows the claimed local city streets is
					 required. If there have been no changes in mileage from the previous year, only
					 certifications by the mayor and city clerk is required. Forms and instructions
					 are available from the Manager of Program Development, North Carolina Division
					 of Highways, Raleigh, 27611.
Authority
					 G.S.
					 136-41.1;
					 136-41.2;
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. July 26, 1993; November 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0307-.0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-41.1;
					 136-41.3;
					 136-143;
					 143B-350(f),
					 (g);
Eff. July 1,
					 1978;
Repealed Eff. July 26,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0309 - SOURCE AND PURPOSE PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Department of Transportation is
					 responsible for administering the Metropolitan Planning Funds (PL) established
					 by the 1973 Federal-Aid Highway Act. These funds are for the purpose of
					 carrying out the provisions of
					 23 U.S.C.
					 134, relating to transportation planning in
					 urban areas. Funds are apportioned to the state in the ratio which the
					 population in urbanized areas bears to the total population in such urbanized
					 areas in all the states as shown by the latest available census. Inquiries
					 about these funds should be directed to Manager of Statewide Planning, North
					 Carolina Division of Highways, Raleigh, 27611.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. March 1, 1993;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0310 - RECIPIENTS OF FUNDS PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Metropolitan Planning Funds appropriated to the state shall
					 be allocated to the organization recognized by the Governor, through an
					 official designation, as having accepted responsibility for transportation
					 planning for the urbanized area. Urbanized areas are those areas of over 50,000
					 population, as identified by the U.S. Bureau of Census in the latest available
					 decennial census or special census taken since the decennial census, and
					 required by the United States Department of Transportation to maintain a
					 comprehensive transportation planning process.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. July 26, 1993;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0311 - ALLOCATION OF FUNDS PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Metropolitan Planning Funds shall be allocated to the
					 designated organizations by formula developed by the state and approved by the
					 Federal Highway and Urban Mass Transportation Administrators. North Carolina's
					 formula allocates one-half of the funds in equal shares to the designated
					 agencies and one-half on the ratio of the urbanized area's population to the
					 total population of all the urbanized areas. Allocation is in the form of a
					 commitment of funds to the area for reimbursement of cost incurred in carrying
					 out transportation planning.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. July 26, 1993;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0312 - MATCHING PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
The federal share payable on account of work performed
					 using PL (Metropolitan Planning) Funds shall be 80 percent. The remaining 20
					 percent is local money provided by the urbanized area.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. July 26, 1993; March 1, 1993;
					 August 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0313 - PROGRAMMING PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
The expenditure of PL Funds by each organization shall be
					 supported by a planning work program setting forth the transportation planning
					 work to be undertaken. Approval of the program by the Department of
					 Transportation and the United States Department of Transportation is
					 required.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-250(f),(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0314 - ADMINISTRATIVE AGREEMENT PL (METROPOLITAN PLANNING) FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Administration of PL Funds shall be pursuant to an
					 agreement between the Department of Transportation and the planning
					 organization. As a minimum, the agreement shall identify the parties involved;
					 specify the purpose, statement of work, period of performance, consideration
					 and payment, and cost principals; grant the Department of Transportation the
					 rights of access to, and examination and audit of records; and provide for
					 retention of records.
Authority
					 23 U.S.C.
					 104(f);
					 23 U.S.C. 134;
					 G.S.
					 136-18(12);
					 143B-350(f),(g);
Eff. July 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0315 - NEGOTIATION WITH MUNICIPALITIES AND MUNICIPAL AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Transportation projects within municipalities shall be
					 constructed in accordance with a municipal agreement that is executed by the
					 municipality and the Board when the construction includes any financial
					 participation by the municipality in project costs, or the municipality
					 requests additional work that results in maintenance responsibilities or
					 financial participation by the municipality. If there is no financial
					 participation by the municipality, no additional work requested by the
					 municipality, and no maintenance requirements by the municipality, then a
					 municipal agreement shall not be required under the terms of this Rule. If a
					 municipal agreement is necessary in accordance with this Rule, then the
					 agreement shall set forth conditions including whether the Department or the
					 municipality will acquire the right-of-way, and shall identify any financial
					 participation by the municipality.
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 136-66.3;
					 143B-24;
					 143B-350(f)(g);
Eff. July 1, 1978;
Transferred and Recodified from
					 19A NCAC
					 02B .0119 Eff. October 1, 1993;
Amended Eff. December 1, 1993;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0316 - REPEALED - PERSONAL PROPERTY NOT TO BE ACQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
					 150B-21.3A;
Eff.
					 July 1, 1978;
Transferred and Recodified from
					 19A NCAC
					 02B .0124 Eff. October 1, 1993;
Repealed Eff. February 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0300 - CHIEF ENGINEER - PROGRAMS › Section 02B .0317 - IMPLEMENTATION OF ROADWAY CORRIDOR OFFICIAL MAPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  roadway corridor official map, hereinafter referred to as "official map," is
				  defined as a map, drawing or written description of a planned roadway
				  alignment, with approximations of future right of way boundaries, which is
				  adopted by the Board of Transportation for right of way protection
				  purposes.
(b) The Division of
				  Highways of the North Carolina Department of Transportation is responsible for
				  the implementation of the procedures governing the adoption of official
				  maps.
(c) The Department of
				  Transportation shall conduct environmental studies or screenings prior to the
				  adoption of an official corridor map as follows:
(1) If environmental studies are in the
				  process of being conducted on a project being considered for an official map,
				  then the adoption of the map must await the determination of the recommended
				  alternative. In such cases, the public hearing required for a proposed official
				  map or amendment under
				  G.S.
				  136-44.50(a)(1) may be
				  combined with the design public hearing.
(2) If environmental studies have not been
				  conducted or are not underway for a project for which an official map is to be
				  prepared, a preliminary environmental screening of the proposed alignment must
				  be conducted to determine the environmental feasibility of the
				  project.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0400 - RELOCATION ASSISTANCE PROCEDURES › Section 02B .0401-.0431

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 133-6;
					 133-7;
					 133-8;
					 133-9;
					 133-10;
					 133-10.1;
					 133-11;
					 133-14;
133-146;
					 136-18(2); 136-19; 143B-350 (a), (f);
Eff. April 3,
					 1981;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0400 - RELOCATION ASSISTANCE PROCEDURES › Section 02B .0432 - RELOCATION ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
The Department of Transportation incorporates by reference
					 49 CFR Subpart 24 and 23 CFR Subpart C, Section 710.313, including subsequent
					 amendments and editions. Copies are available for inspection at no cost to the
					 public, from the Right of Way Unit of the Department of Transportation. The
					 Code of Federal Regulations may be accessed, at no cost to the public, by
					 visiting
https://www.ecfr.gov
.
Authority
					 G.S.
					 133-6;
					 133-14;
					 143B-350;
Eff.
					 October 1, 1993;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0400 - RELOCATION ASSISTANCE PROCEDURES › Section 02B .0433 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section shall apply to all federal and
					 State Highway projects, except State secondary road projects.
Authority
					 G.S.
					 133-6;
					 133-14;
					 143B-350;
Eff.
					 October 1, 1993;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0400 - RELOCATION ASSISTANCE PROCEDURES › Section 02B .0434-.0466

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 133-6;
					 133-7;
					 133-8;
					 133-9;
					 133-10;
					 133-10.1;
					 133-11; l33-14;
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f);
Eff. November 1, 1991;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply to rules contained in this
					 Section:
(1) "Agreement" means a
				  properly executed document granting permission for a utility encroachment on
				  the highway right-of-way and stipulating any and all conditions and standards
				  that must be met.
(2) "Applicant"
				  means any individual, corporation, or agency requesting permission to encroach
				  upon the right-of-way of any highway in the State Highway System whether or not
				  permission has been granted.
(3)
				  "Department" means the North Carolina Department of Transportation.
(4) "Encroachment" means use of the highway
				  right-of-way for non-highway purposes.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 143-350(f);
Eff. April 3, 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0502 - PERMISSION REQUIRED FOR ENCROACHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  utility shall cross or otherwise occupy rights-of-way of any road on the State
				  Highway System without written permission from the Department of
				  Transportation.
(b) No utility
				  which has been placed on the right-of-way of any road on the State Highway
				  System shall be changed or removed without written permission from the
				  Department of Transportation.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0503 - APPLICATION FOR UTILITY ENCROACHMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant for a utility encroachment agreement shall
					 prepare four copies of the standard encroachment agreement on forms which are
					 available from Division and District Engineers Offices or from the State
					 Utility Agent, Highway Building, Raleigh, N.C.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993; November 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0504 - APPROVAL OF UTILITY ENCROACHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Approval of utility encroachments shall be granted by the
					 responsible Division Engineer.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0505 - REPEALED - FORMS OF ENCROACHMENT AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Repealed Eff. December 29,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0506 - RESPONSIBILITY FOR EXISTING UTILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  applicant shall be responsible for determining what, if any, facilities of
				  other utilities are in existence in the encroachment area. Plans attached to
				  encroachment agreements shall show, as nearly as possible, the location of
				  other utilities that may be unearthed, moved, or exposed to potential
				  damage.
(b) The applicant shall be
				  responsible for providing protection and safeguards during construction to
				  prevent damage to existing utilities and insure that existing utilities will
				  not be rendered inaccessible.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0507 - EXECUTION OF UTILITY AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				  Rule specifies the attestation requirements for utility encroachment agreements
				  between the Department and external parties. All applicable rules regarding
				  utility encroachment agreements may be found in this Section.
(b) If the applicant as defined in Rule .0501
				  of this Section is a corporation or a municipality, the agreement shall have
				  the corporate seal and be attested by the corporate secretary, or by the
				  empowered city official, unless a waiver of corporate seal and attestation by
				  the corporate secretary, or by the empowered city official, is on file in the
				  office of the State Utilities Manager, located at 1000 Birch Ridge Drive,
				  Raleigh, NC 27610. Within each agreement, in the space provided for execution,
				  the name of the corporation or municipality shall be typed above the signature,
				  and the name and title of all persons signing the agreement shall be typed
				  directly below their signature.
(c)
				  If the applicant is not a corporation, the signature shall be witnessed by one
				  other person. The address of the applicant shall be included in the agreement
				  and the names of all witnesses and persons signing the agreement shall be typed
				  directly below their signature.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993;
Readopted Eff.
					 February 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0508 - BOND MAY BE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
If deemed necessary by the Division Engineer, the applicant
					 requesting encroachment permission shall post a performance bond (surety bond,
					 certified or cashier's check) adequate to idemnify the Department for damages
					 to the roadway or highway facility caused by the installation. Bond
					 requirements will be based upon the performance experience on Department of
					 Transportation projects and the extent of possible damage to the highway
					 facility.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0509 - AGREEMENTS DURING CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After
				  a highway construction project has been let to contract, the applicant must
				  make satisfactory arrangements with the highway contractor, to insure that the
				  encroachment activity will not interfere with or delay the
				  contractor.
(b) A three-party
				  agreement between the Department, the highway contractor and the applicant
				  shall be entered into, or the Manager of Right of Way shall be furnished a
				  letter from the highway contractor stating that the installation of the
				  encroachment will not be the basis of a claim for delay or additional cost to
				  the Department. This requirement does not apply to the adjustment or relocation
				  of existing utilities necessitated by highway construction.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0510 - VEGETATION IN ENCROACHMENT AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
When vegetation on highway right-of-way is involved with
					 utility installations, the encroachment application shall be referred to the
					 Area Roadside Environmental Engineer for investigation and approval before
					 final approval of the encroachment. Encroachment agreements will not be
					 approved until matters pertaining to the cutting or trimming of vegetation on
					 highway right-of-way have been settled, and then permission for allowable
					 cutting and trimming will accompany the approved encroachment agreement with
					 the utility.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
					 136-18(9);
Eff. April 3, 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0511 - NOTICE REQUIRED BEFORE WORK BEGINS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  applicant shall notify the Division Engineer or his appointed representative
				  prior to beginning work on the highway right-of-way. Notice is not required for
				  underground utility service connections and aerial crossings installed under
				  blanket agreements.
(b) The
				  Division Engineer or his representative shall notify the Bridge Maintenance
				  Superintendent before work begins when attachments to structures are
				  involved.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0512 - NOTIFICATION REQUIRED UPON COMPLETION OF WORK

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall notify the Division Engineer in writing
					 when all work contained in the agreement has been completed. Written
					 notification of completion will not be required for encroachments on active
					 highway projects, and any utility installed under a blanket
					 agreement.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0513 - FINAL INSPECTION: FINAL REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division Engineer or his designated representative shall make a final
				  inspection of all authorized encroachments. Where applicable, the Bridge
				  Maintenance Superintendent will also participate in the final
				  inspection.
(b) The Division
				  Engineer or his designated representative shall notify the Manager of Right of
				  Way in writing as to whether or not each completed encroachment is
				  satisfactory. Written notice of acceptance is not required for encroachments
				  authorized under blanket agreement.
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Amended Eff. October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0514 - REPEALED - ENCROACHMENT AGREEMENTS ON FEDERAL AID HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-18(10);
					 136-93;
Eff. April 3,
					 1981;
Repealed Eff. December 29,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0500 - UTILITY ENCROACHMENTS › Section 02B .0515 - RELOCATION OF UTILITIES ENCOUNTERED IN HIGHWAY IMPROVEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department of Transportation shall
				  assume the financial responsibility for non-betterment costs of adjusting or
				  relocating utilities which are in conflict with the construction of a highway
				  project and occupy a valid utility right of way. A valid utility right of way
				  for the purpose of this Rule is one in which the Municipality or other utility
				  owner has a compensable interest. The Department of Transportation, upon the
				  request of the Municipality or other utility owner, may provide the engineering
				  and include the utility adjustment or relocation in the highway improvement
				  contract at no cost to the Municipality or other utility owner.
(b) The Department of Transportation shall
				  assume the financial responsibility for the non-betterment cost of adjusting or
				  relocating those municipally-owned utilities necessitated by highway
				  construction when said utilities are located on a non-system right of way
				  provided that:
(1) the highway construction
				  does not constitute an improvement to the non-system street in which the
				  utilities are located, and
(2) the
				  non-system street in which the utilities are located is not incorporated into
				  or obliterated by the highway project. The mere crossing of a project by a
				  street either at-grade or by separation shall not constitute "incorporation"
				  into the project.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0600 - DRIVEWAY ENTRANCES › Section 02B .0601 - DRIVEWAYS IN HIGHWAY RIGHT OF WAY GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person or corporation desiring to construct a driveway or other connection
				  within the right of way of a state system street or highway shall, before
				  beginning any construction, secure a permit from the Department of
				  Transportation authorizing construction on the state right of way. Driveway
				  connections to residences are normally excluded from this requirement, but may
				  be included at the option of the Department where access connections involve a
				  public safety hazard or at locations involving a highway construction project
				  or if drainage installation costs are excessive or drainage complications are
				  obvious.
(b) Failure to secure a
				  permit prior to construction may result in the removal of the driveways or
				  denial of access at that location, until an approved permit is
				  executed.
(c) Within local
				  governments having local ordinances affecting driveways, the more restrictive
				  ordinance, municipal, county or state, shall apply to driveways connecting into
				  state system streets and roads.
Authority
					 G.S.
					 136-18(5);
					 136-89.50;
					 136-89.51;
Eff. April
					 3, 1981;
Amended Eff. October 1, 1993; July 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0600 - DRIVEWAY ENTRANCES › Section 02B .0602 - OBTAINING A DRIVEWAY CONSTRUCTION PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application
				  for a driveway construction permit will be made to the District Engineer having
				  jurisdiction in the area.
(b)
				  Information that must be given with the application is listed below. Additional
				  information will be required for special commercial property uses as shown in
				  Rule .0603 of this Section.
(1) The location
				  of the property must be identified clearly enough for the proposed site to be
				  located in the field.
(2) Complete
				  names and addresses of the property owner and the applicant must be given on
				  the application.
(3) The planned
				  property use must be indicated as one of the following:
(A) Residential Subdivision - Low volume
				  traffic generators (Average Daily Traffic less than 200 vehicles per day) such
				  as small apartment complexes, mobile home parks, condominium developments, and
				  other small residential developments.
(B) Regular Commercial - Low to moderate
				  volume traffic generators (Average Daily Traffic greater than 200 but less than
				  1,000 vehicles per day) such as single commercial businesses, small shopping
				  centers, light industrial and manufacturing establishments, small service
				  businesses, service organizations and churches.
(C) Special Commercial - High volume traffic
				  generators (Average Daily Traffic greater than 1,000 vehicles per day) such as
				  large shopping centers, major recreational facilities, large office buildings
				  or complexes containing more than 200 parking spaces, hospitals, large
				  industrial developments, airports, large residential developments and civic
				  centers.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0600 - DRIVEWAY ENTRANCES › Section 02B .0603 - DRIVEWAY PERMITS FOR SPECIAL COMMERCIAL PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Property use designated as special commercial in Rule .0602 of this Section
				  shall require study to a greater depth than other commercial property uses due
				  to the possibility of greater traffic generation. As a result, a four-week
				  review period shall be required by the Department. The permit shall be
				  submitted sufficiently in advance of the planned construction date to allow for
				  this review period. The different types of property uses that come under this
				  heading are:
(1) Shopping centers with one or
				  more adjoining commercial or service establishments planned or
				  constructed;
(2) Residential
				  developments;
(3) Recreational
				  facilities;
(4) Office buildings or
				  complexes containing more than 200 parking spaces;
(5) Hospitals or large medical
				  facilities;
(6) Industrial
				  developments;
(7)
				  Airports;
(8) Civic
				  Centers;
(9) Other uses which can
				  be expected to attract large amounts of traffic (Average Daily Traffic greater
				  than 1,000 vehicles per day); and
(10) Any development located at high volume
				  or high accident locations, which are locations having a history of
				  accidents.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0600 - DRIVEWAY ENTRANCES › Section 02B .0604 - APPROVAL OF APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The approval of the application shall be subject to the
					 following conditions:
(1) The
				  application shall be properly and clearly completed.
(2) The location, design, and construction of
				  driveways shall meet the general and geometric requirements as specified by the
				  responsible District Engineer which will include necessary provisions for
				  drainage, pavement types and thickness, sight distance requirements, and other
				  details.
Note: The Department publishes a brochure entitled, "Manual
					 on Driveway Entrance Regulations" which includes the normal design and
					 construction criteria required for various types of driveway entrances. This
					 manual may be obtained from the Traffic Engineering Branch, Division of
					 Highways, Raleigh, free of charge.
(3) The permit shall require that the
				  applicant assume the following construction responsibilities:
(a) Existing open ditch - The applicant shall
				  furnish all required pipe of size, type and quantity as specified by the
				  engineer. The pipe will be laid and backfilled by the Department, if requested.
				  The applicant shall bear the full cost of any stabilization and pavement placed
				  on the driveway(s) within the right of way.
(b) Existing curbed streets - The applicant
				  will bear all costs of driveway construction including the cost of replacing
				  all joints of curb damaged during construction.
(c) No alteration or addition shall be made
				  to any driveway within the right of way without first securing a new permit
				  from the District Engineer.
The Department reserves the right of inspection, by its
					 authorized representatives, of any driveway construction within the right of
					 way. In the event of failure to comply with the terms of the permit, faulty
					 workmanship, or materials, the Department shall have the right to stop the work
					 until such time as the objectionable conditions are corrected. All costs
					 incurred in the removal and/or correction of non-compliance with design,
					 defective workmanship, and/or materials shall be borne by the
					 applicant.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0600 - DRIVEWAY ENTRANCES › Section 02B .0605 - APPLICATION REVIEW PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
The Department will process all permit applications as
					 expeditiously as possible. Routine permit applications processed by the
					 District Engineer will require approximately two weeks to process. Permit
					 applications that are considered complex will be processed in approximately
					 four weeks.
Authority
					 G.S.
					 136-18(5);
					 136-89.50;
					 136-89.51;
Eff. April
					 3, 1981;
Amended Eff. October 1, 1993; July 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter C - SECONDARY ROADS SECTION › Section .0100 - SECONDARY ROADS › Section 02C .0101 - GENERAL DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The secondary road system within a county for the purpose
					 of this Subchapter consists of those roads maintained by the Department of
					 Transportation that do not carry "NC" or "US" numbers and are outside the
					 boundary of any incorporated municipality. In the development of secondary road
					 plans, these roads fall into several categories which are defined as
					 follows:
(1) Principal County Routes.
				  These routes serve as the backbone of the rural transportation network within a
				  county. Their major purpose is to move local traffic to community and
				  recreational centers, shopping and industrial areas, to urban areas within the
				  county and to connect together the other secondary roads with the primary
				  highway system. In addition, they serve abutting residential, farming, business
				  and industrial property.
(2) County
				  Roads. These roads have as their primary purpose serving abutting residential,
				  farming, business, and industrial use. They also carry small to moderate
				  volumes of traffic moving to the principal county routes and the primary
				  highway system. Their dual function of serving traffic and abutting property is
				  variable depending upon their importance as a through route or connecting
				  link.
(3) Subdivision Streets. A
				  subdivision street is considered to be a street or road which has been
				  dedicated to the public to provide ingress and egress to lots or parcels which
				  have been laid out for the purpose of providing home sites by a person or firm
				  hoping to profit by the sale of such parcels. These lots or parcels are of
				  insufficient size to be used primarily for farming purposes. A subdivision
				  street is primarily for the use and convenience of the abutting property owners
				  and not the general traveling public.
(4) Collector Roads. Collector roads channel
				  traffic in subdivisions from side roads. They also provide access from other
				  state-maintained roads.
Authority
					 G.S.
					 136-44.2;
					 143B-350(f) and
					 (g);
Eff. July 1,
					 1978;
Amended Eff. December 29, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter C - SECONDARY ROADS SECTION › Section .0100 - SECONDARY ROADS › Section 02C .0102 - MINIMUM STANDARDS FOR SECONDARY ROADS

Current through Register Vol. 39, No. 2, July 15, 2024
The minimum standards for secondary roads are as
					 follows:
(1) The Department of
				  Transportation shall require a right of way width of 50 feet for secondary
				  roads added to the system. The right-of-way width may be such as to provide for
				  expected future improvement and maintenance needs of a particular road. A
				  minimum of 50 feet in width for connecting roads and a minimum of 45 feet in
				  width for dead end roads is required. Construction or maintenance easements
				  beyond the right-of-way may be required, if necessary.
(2) The DOT may authorize rights of way for
				  secondary roads that are less than the minimum required width upon a
				  determination by the Manager of Secondary Roads, and with the approval of the
				  Board of Transportation, that the minimum required right of way width is not
				  feasible, based upon reasonable engineering principles and costs, or creates
				  unnecessary hardships, and safety is not sacrificed.
(3) For unpaved roads, a minimum travelway
				  width of at least 20 feet is required. Where feasible, road widths of 32 feet
				  including side ditches shall be required. Where not feasible, the requirement
				  may be reduced to a width applicable to the situation, if safety will not be
				  sacrificed.
(4) Unpaved roads may
				  be stabilized based upon the level of service that the roads render for
				  acceptable use in all except extreme weather conditions.
(5) Any secondary road may have drainage
				  established that is adequate to maintain the road in a manner that is
				  justifiable based upon the service that the road renders.
Authority
					 G.S.
					 136-44.7;
					 143B-350(f) and
					 (g);
Eff. July 1,
					 1978;
Amended Eff. December 29, 1993; October 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.