reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0300 - JUNKYARD CONTROL › Section 02E .0303 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The application fee for the Application
				  for Junkyard payment shall be fifteen dollars ($15.00).
(b) The Application for Junkyard Permit is
				  available from the Division Engineer having jurisdiction in the county where
				  the proposed or existing junkyard is located. The Application for Junkyard
				  Permit allows an applicant to request a permit number for the establishment or
				  continued maintenance of a junkyard in accordance with the provisions of the
				  Junkyard Control Act, Article 12, Chapter 136 of the General Statutes of North
				  Carolina (Junkyard Control Act). Applications for Junkyard Permits shall
				  require the applicant to provide the following information:
(1) applicant's name and address;
(2) whether the junkyard is proposed or
				  already existing;
(3) if already
				  existing, the date the junkyard was established;
(4) the proposed or already existing location
				  of the junkyard; and
(5)
				  certification by the applicant that approval for the proposed or already
				  existing junkyard operations have been obtained from the owner of the real
				  property, or the property owner's authorized agent, on which the junkyard is
				  located or proposed to be located.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0401 - REPEALED - PENALTY IMPOSED FOR VIOLATION OF ORDINANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
Eff.
					 July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0402 - PILING OBSTRUCTIONS ON HIGHWAYS OR WITHIN RIGHT OF WAY

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to pile, place, or leave, any trash,
					 refuse, garbage, lumber, logs, cordwood, tree-laps, scrapped automobile,
					 scrapped truck or part thereof, or any other material upon any road, highway,
					 or shoulders thereof, within the right-of-way, or over the ditches or drainways
					 of any road or highway of the State highway system.
Authority
					 G.S.
					 136-18(5);
					 136-90;
Eff. July 1,
					 1978;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0403 - DEPOSITING MUD ON STATE HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
No person operating a vehicle with "dual wheels" or a
					 vehicle equipped with four-wheel drive shall track mud onto any paved portion
					 of any State highway so as to create a safety hazard to the traveling
					 public.
Authority
					 G.S.
					 136-18(5);
					 136-90;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993;
Readopted Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0404 - HIGHWAY OBSTRUCTIONS INTERFERING WITH TRAFFIC/MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to place any highway
				  obstruction, including, but not limited to, a driveway headwall, fence, rural
				  mailbox, newspaper delivery box, or other roadside obstruction, so as to
				  interfere with the traffic or maintenance of the roads and highways of the
				  State highway system.
(b) If the
				  Department determines that any highway obstruction, constitutes a roadside
				  collision hazard, the highway obstruction shall be removed by the person or
				  entity responsible for placing the obstruction within the right-of-way within
				  30 days of receipt of written notice from the Department. Only mailboxes or
				  newspaper delivery boxes with 4" x 4" wooden or small diameter metal posts
				  shall be permitted on road additions made to the State highway system after May
				  3, 1990. If determined to be a roadside collision hazard, the location of any
				  brick column, mailboxes, or newspaper delivery boxes, on rigid stands such as
				  block, stone, or any other type of material, shall be prohibited within the
				  State highway system right-of-way.
(c) If a person fails to remove the highway
				  obstruction in accordance with Paragraph (b) of this Rule, the Division
				  Engineer may take action to remove the obstruction and bill the responsible
				  party for the expense.
Authority
					 G.S.
					 136-18(5);
					 136-90;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993; October 1, 1991;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0405 - DAMAGE TO STATE HIGHWAY SYSTEM SURFACE OR SHOULDER

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to move on, over, or across the
					 surface or shoulder of any State highway system bridge, road, or highway, any
					 object, tractor, engine, farm equipment, or vehicle of any kind that has wheels
					 or objects attached that could cut, mutilate, or damage the surface or shoulder
					 of any State highway system bridge, road, or highway without the written
					 permission of the Chief Engineer's office. The Chief Engineer or the Chief
					 Engineer's designee shall consider factors such as the ability of the road or
					 bridge to handle the equipment without damage, planned protection of the
					 roadway or bridge to prevent damage, planned traffic control and law
					 enforcement assistance to safely move the equipment, and day and time of the
					 planned move to evaluate potential disruptions to the traveling
					 public.
Authority
					 G.S.
					 20-115;
					 20-119;
					 136-18(5);
Eff. July 1, 1978;
Amended Eff. December 1, 2012;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0406 - REPEALED - VEHICLES SERVED BY SERVICE STATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-90;
Eff. July 1,
					 1978;
Repealed Eff. July 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0407 - CONTROL AND REGULATION OF ROADSIDE PARKS AND REST AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful, within any scenic
				  service overlook, rest area, or other designated parking area on the primary
				  and secondary roads and highways of the State, for any person, firm, or
				  corporation to erect tents, booths, or structures of any kind for camping or
				  any other activity; to create, cause, or allow any unreasonably loud or
				  disturbing noise; to solicit contributions, names, support, or for any other
				  purpose, except as permitted pursuant to Section .0800 of this Subchapter to
				  conduct or participate in public or private auctions and other ceremonies; to
				  distribute tracts, pamphlets, favors or any material, product or literature; to
				  erect displays, signs, or carry on any commercial activity; to use public
				  address such as loud speakers; to distribute or use alcoholic beverages;
				  endanger the life, property, and welfare of the traveling public.
(b) For the purposes of this Rule, the
				  following definitions apply.
(l) "Unreasonably
				  loud noise" means a noise which is incompatible with the time and location
				  where created to the extent that it creates an actual or imminent interference
				  with peace, order, or calm of the area, or which is obnoxious to, or
				  unreasonably disturbing to, a person whose residence, work, or commercial
				  enterprise is within a reasonable proximity to the point, place, or person from
				  whom the noise is emanating, or emanated, and the noise is of such a kind,
				  nature, duration, or extent that a reasonable person would consider the noise
				  to be unreasonably loud or disturbing.
(2) "Disturbing noise" means a noise which is
				  perceived by a person of reasonable and ordinary firmness and sensibilities as
				  interrupting the normal peace, order, and calm of such person, or persons, or
				  tending to annoy, disturb, or frighten such persons in such proximity to the
				  point, place, or person from whom the noise is emanating, or
				  emanated.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0408 - FISHING FROM BRIDGES

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to fish from any bridge on any
					 interstate or other controlled access highway.
Authority
					 G.S.
					 136-18(5);
					 136-89.50;
					 153A-242;
					 160A-302.1;
Eff.
					 July 1, 1978;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0409 - OPERATING NONMOTORIZED VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise authorized by the Board of Transportation,
					 it shall be unlawful for any person to ride any animal, or to operate a
					 bicycle, horse drawn wagon, or any nonmotorized vehicle or moped on any
					 interstate or controlled access highway.
Authority
					 G.S.
					 136-18(5);
Eff.
					 July 1, 1978;
Amended Eff. June 15, 1981;
Readopted
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0410 - HITCHHIKING ON INTERSTATE OR CONTROLLED ACCESS HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful for any person to hitchhike or to solicit rides, or for the
				  driver of any vehicle to stop for the purpose of picking up one who is
				  hitchhiking or soliciting a ride, on any interstate or controlled access
				  highway.
(b) This Rule shall not
				  shall prohibit an operator or passengers in a vehicle stopped on a controlled
				  access facility by reason of any emergency, mechanical failure, or other
				  failure of the vehicle to operate, from requesting aid or soliciting a ride,
				  nor does it prohibit the operator of any other vehicle from stopping to render
				  aid or assistance and giving rides in such situations.
Authority
					 G.S.
					 136-18(5);
					 136-89.50;
Eff. July
					 1, 1978;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0411 - REPEALED - JUMPING FROM BRIDGES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 150B-21.3A;
Eff.
					 July 1, 1978;
Repealed Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0412 - AIRCRAFT LANDING AND TAKING OFF ON HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful for aircraft to take-off or land on any road or highway of
				  the State Highway System, unless authorized by the Chief Engineer, in writing.
				  The Chief Engineer may authorize take-off or landing on any road or highway of
				  the State Highway System based upon the following:
(1) a showing of good cause, which may
				  include issues of national security, safety of the general public, or natural
				  disasters; and
(2) arrangements
				  have been made for law enforcement officials to redirect or administer
				  Vehicular traffic on the highway during the landing or take-off.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0413 - PARADES ON HIGHWAY SYSTEM ROADS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful for any person, firm, organization,
					 school, or other group of persons to conduct or participate in a parade on any
					 street or highway of the State Highway System located outside the limits of a
					 municipality.
Authority
					 G.S.
					 136-18(5);
Eff.
					 July 1, 1978;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0414 - PARKING VEHICLE FOR SALE OR DISTRIBUTION OF GOODS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to sell any fruits, vegetables, goods,
					 wares, or merchandise of any character from a vehicle, stand, or structure, or
					 from any place on the right-of-way of any primary or secondary highway, or road
					 of the State Highway System.
Authority
					 G.S.
					 136-18(5);
Eff.
					 July 1, 1978;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0415 - ADVERTISING SIGNS WITHIN RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful for any person, firm, or corporation
					 to erect, place, or allow any advertising, or other sign, except regulation
					 traffic and warning signs approved by the Department, on any highway or the
					 right-of-way thereof, or so as to overhang the right-of-way, or to permit the
					 erection or placing of any advertising or other sign, as herein prohibited, on
					 any highway right-of-way which is situated over any land owned, rented, leased,
					 or claimed by such person, firm, or corporation.
Authority
					 G.S.
					 136-18(10);
					 136-30;
Eff. July 1,
					 1978;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0416 - PRIVATE DRIVES OR ROADS INTERSECTING HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to intersect the State highways with any private driveway or
				  roadway, unless approved by the Department of Transportation, and provided by
				  the party responsible for the private driveway or roadway.
(b) It shall be unlawful to obstruct any
				  drainage ditch within the right-of-way of any road or State highway.
Authority
					 G.S.
					 136-18(10);
					 136-93;
Eff. July 1,
					 1978;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0417 - COMMERCIAL ENTRANCES INTERSECTING WITH RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to revise or construct any commercial
					 entrances to intersect with the right-of-way of any primary or secondary
					 highway, or road of the State Highway System, unless a permit has first been
					 obtained from the Department of Transportation, or its duly authorized officers
					 and employees, in accordance with the rules contained in
					 19A NCAC
					 02B, Section .0600, titled "Driveway
					 Entrances".
Authority
					 G.S.
					 136-18(10);
					 136-93;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993; October 1, 1991;
Readopted Eff. February 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0418 - FENCING WITHIN RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful for any person to erect a fence, of
					 any kind, within the right-of-way limits of any highway, except upon the
					 written permission of the Chief Engineer's Office upon a showing that the
					 change in fencing is beneficial to the public.
Authority
					 G.S.
					 136-18(10);
					 136-93;
Eff. July 1,
					 1978;
Amended Eff. December 1, 2012;
Readopted Eff.
					 March 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0419 - CULTIVATING CROPS AND MAINTAINING PASTURES WITHIN RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful for any person to plant, cultivate, or
					 grow any crop, or to maintain any pasture or pasture grass, within the
					 right-of-way limits of any highway, unless written permission from the Chief
					 Engineer's Office has been obtained upon a showing that the change in
					 cultivating, growing or maintenance of crops is beneficial to the
					 public.
Authority
					 G.S.
					 136-18(10);
					 136-93;
					 143B-350(f);
Eff. July 1, 1978;
Amended Eff. December 1, 2012;
Readopted Eff. March 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0420 - CONSTRUCTION WITHIN RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  authorized in writing by the Chief Engineer's Office upon a showing that the
				  change in construction within the right-of-way is beneficial to the public, it
				  shall be unlawful for any person or firm to construct, place, or erect any of
				  the following, or any combination thereof, over any road, highway, or
				  right-of-way of the State Highway System:
(1)
				  power, broadband, telephone, or other poles;
(2) signboards or fences;
(3) water, gas, oil, petroleum products,
				  steam chemicals, sewage, drainage, irrigation, or other pipelines; or
(4) wires, cables, or other
				  obstructions.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0421 - UTILITY WIRES OR CABLES OVER HIGHWAYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  purposes of this Rule, the American National Standards Institute's National
				  Electrical Safety Code (ANSI Code) is incorporated by reference and includes
				  any subsequent amendments and editions. The ANSI Code may be obtained from the
				  Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane, P.O.
				  Box 1331, Piscataway, New Jersey 08855-1331, telephone number 1-800-678-IEEE,
				  website
https://webstore.ansi.org
,at a cost of
				  forty-three dollars and fifty cents ($43.50).
(b) It shall be unlawful to construct any
				  power, telephone, television, telegraph, or any other utility wires or cables
				  over highways or roads on the State Highway System unless such wires have the
				  minimum vertical clearance above the highest elevation of the road or highway
				  crossed by them as set forth in the ANSI Code for the installation and
				  maintenance of electric supply and communication lines, except as set forth in
				  Paragraph (c) of this Rule.
(c) A
				  minimum vertical clearance of 18 feet shall be maintained for overhead power
				  and communication lines crossing all highways. The lateral and vertical
				  clearance from bridges shall conform with the ANSI Code; however, greater
				  clearances at bridges may be required by the Department of Transportation to
				  provide for bridge construction and maintenance. Parallel utility lines
				  occupying highway right-of-way shall maintain a minimum vertical clearance as
				  required in the National Electrical Safety Code.
(d) Rules for the preparation and submission
				  of applications for utility encroachments can be found in
				  19A NCAC
				  02B .0500.
Authority
					 G.S.
					 136-18(10);
					 136-89.50;
					 136-93;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993; November 1, 1991;
Readopted Eff. March 1, 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0422 - USE OF RUNAWAY TRUCK RAMPS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful for any operator of a motor vehicle,
					 non-motorized vehicle, moped, bicycle, or any pedestrian or any person having
					 custody or control of any animal or animal powered vehicle to park on, stand
					 upon, obstruct, or otherwise use any runaway truck ramp, as designated by
					 signs, except to bring an out-of-control vehicle to a halt.
Authority
					 G.S.
					 136-18(5);
Eff.
					 August 10, 1981;
Readopted Eff. February 1,
					 2019.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0424 - REPEALED - TWIN TRAILERS ACCESS ROUTES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-115.1; Board of Transportation minutes on
					 November 18, 1989;
Eff. September 1, 1990;
Repealed
					 Eff. November 1, 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0425 - REPEALED - ACCESS ROUTES/SEMI TRAILER TRUCKS WITH 48/53 FOOT TRAILERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-115.1;
					 20-116;
Eff. October
					 1, 1991;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0426 - ACCESS ROUTES FOR STAA DIMENSIONED VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions and requirements set forth in this Rule
					 shall apply to access routes for Surface Transportation Assistance Act (STAA)
					 dimensioned vehicles.
(1) Definitions.
(a) "Twin trailer truck" means a vehicle
				  combination consisting of a truck-tractor and two trailing units, with a width
				  not to exceed 102 inches, as authorized by
				  G.S.
				  20-115.1.
(b) "The National Truck Network" means a
				  network of interstate, federal-aid primary, and other highway routes within the
				  State that have been designated by the Department for motor vehicle combination
				  use pursuant to
				  G.S.
				  20-115.1(g) or the United
				  States Secretary of Transportation for STAA dimensioned vehicle use. State
				  highway system roads designated by the Department pursuant to
				  G.S.
				  20-115.1(g) shall herein be
				  referred to as the "North Carolina Truck Network."
(c) "Terminal" means any location where:
(i) freight either originates, terminates, or
				  is handled in the transportation process; or
(ii) commercial motor carriers maintain
				  operating facilities.
(d) "Vehicle Template" means a drawing of the
				  radius of a twin trailer turn used to determine the route design necessary to
				  accommodate the vehicle.
(e)
				  "Short-cut" means a route used for the purpose of connecting two National or
				  North Carolina Truck Network routes.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0400 - GENERAL ORDINANCES › Section 02E .0427 - MULTI-USE PATHS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Authorization
				  for a municipality to construct and maintain multi-use paths on State highway
				  system rights-of-way shall be provided through an encroachment agreement
				  between the municipality and Department. The encroachment agreement shall
				  specify the conditions of approval.
(b) The municipality shall submit multi-use
				  path plans with a standardized encroachment agreement to the local highway
				  Division Engineer for review and approval. Encroachment agreements shall
				  include provisions indicating that the municipality is responsible for the
				  following:
(1) design, construction, signage,
				  and maintenance of the proposed multi-use paths;
(2) submitting design and construction plans
				  to the local highway Division Engineer for review and approval prior to bidding
				  for construction; and
(3)
				  relocating the proposed multi-use trail if the highway right-of-way is required
				  for the purpose of road widening by the Department.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0500 - MISCELLANEOUS FUNCTIONS › Section 02E .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(23);
					 136-27;
					 136-34;
					 136-41.3;
					 136-66.1;
					 143-64.22;
143-130;
					 143-134; 143D-24; 153A-291; 160A-274;
Eff. July 1,
					 1978;
Repealed Eff. December 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0601 - SELECTIVE VEGETATION REMOVAL PERMIT REQUIRED TO REMOVE VEGETATION FROM STATE HIGHWAY RIGHT-OF-WAY

Current through Register Vol. 39, No. 2, July 15, 2024
Selective cutting, thinning, pruning, or removal of
					 vegetation within highway rights-of-way may be permitted only for opening views
					 to business facilities and legally erected forms of outdoor advertising that
					 are located adjacent to State highway rights-of-way, as described in
					 G.S.
					 136-93(b). For purposes of
					 selective vegetation removal permitting, "business facilities," hereinafter
					 referred to as "facilities," are defined as office, institutional, commercial,
					 and industrial buildings. In accordance with
					 G.S.
					 136-93.3, agritourism activities, as defined
					 in G.S.
					 99E-30, are considered facilities under this
					 Section. The following requirements apply to facilities under this
					 Section:
(1) all facilities, except
				  for agritourism activities, shall include at least one permanent structural
				  building;
(2) the building shall
				  have all required local and State permits, be related to the facility's
				  function, and be open and operational on a year-round basis; and
(3) any cutting, thinning, pruning, or
				  removal of vegetation allowed pursuant to
				  G.S.
				  136-93(b) shall be performed
				  by the permittee or his or her agent at no cost to the Department of
				  Transportation and shall comply with this Section.
Authority
					 G.S.
					 136-18(5);
					 136-18(7);
					 136-18(9);
					 136-93(b);
					 136-93.3;
Temporary
					 Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1,
					 1982;
Eff. June 1, 1982;
Amended Eff. January 1, 2015;
					 November 1, 2012; June 2, 1982;
Readopted Eff. June 1,
					 2020.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0602 - REQUESTS FOR SELECTIVE VEGETATION REMOVAL PERMITS FOR A FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications for selective vegetation
				  cutting, thinning, pruning, or removal (exclusive of grasses) at a facility
				  shall be made by the owner of the facility and sent to the Division Engineer of
				  the North Carolina Department of Transportation (NCDOT), Division of Highways.
				  Applications shall be submitted in both printed and electronic form.
				  Application submittal information for each county is found on the NCDOT
				  Selective Vegetation Removal website
https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx
.
				  Applications for selective vegetation removal permits shall include the
				  following information:
(1) the applicant
				  contact information;
(2) the name
				  and location of the facility;
(3)
				  the indication of request for either a business facility or agritourism
				  activity;
(4) a municipal review
				  indication, if applicable;
(5) the
				  requested use of and site access for power-driven equipment in accordance with
				  Rule .0604(21) of this Section;
(6)
				  a performance bond or certified check or cashier's check pursuant to
				  G.S.
				  136-93;
(7) if using a contractor for vegetation
				  removal work, identify the contractor and his or her qualifications if the
				  contractor is not listed on the Department's website directory of qualified
				  transportation firms;
(8) a payment
				  of non-refundable two hundred dollar ($200.00) permit fee, pursuant to
				  G.S.
				  136-18.7;
(9) a certificate of liability, and proof of
				  worker's compensation and vehicle liability insurance coverage;
(10) a geographic information system document
				  and property tax identification number to verify location of the facility in
				  relation to municipal limits;
(11)
				  a verification of on-site marking and tree-tagging requirements;
(12) a sketch, or amended sketch of the
				  requested cut zone and information about trees to be cut, thinned, pruned, or
				  removed in accordance with Rule .0604(10) of this Section;
(13) if applicable, certification that the
				  applicant has permission from the adjoining landowner(s) to access their
				  private property for the purpose of conducting selective vegetation removal
				  permit activities;
(14) a
				  certification that the facility qualifies as an agritourism activity as
				  required by
				  G.S.
				  136-93.3; and
(15) the applicant's notarized
				  signature.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0605 - REPEALED - APPEAL TO THE CHIEF ENGINEER

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as
					 a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June
					 1, 1982;
Authority
					 G.S.
					 136-18(5);
					 136-18(7);
					 136-18(9);
Eff. June 1, 1982;
Repealed Eff. June 2,
					 1982.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0606 - REPEALED - EXCEPTIONS TO THE POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-18(7);
					 136-18(9);
Eff. August 1, 1985;
Repealed Eff. December 29,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0607 - REPEALED - TEMPORARY MORATORIUM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(5);
					 136-18(7);
					 136-18(9);
Eff. December 1, 1990;
Repealed Eff. December 29,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0700 - PROFESSIONAL OR SPECIALIZED SERVICES › Section 02E .0701 - EMPLOYMENT OF PROFESSIONAL/SPECIALIZED FIRM: AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as set out Paragraph (b) of this
				  Rule the employment by contract of any agency, firm or individual may be
				  authorized and executed by any of the business unit managers listed under any
				  of the following conditions:
(1) The required
				  work necessitates engineering or professional expertise and services not
				  available on the staff of the department;
(2) The required work can be accomplished
				  more effectively, more efficiently, and more economically than by staff of the
				  department;
(3) The required work
				  cannot be undertaken and accomplished by the staff of the department in time to
				  meet the established schedule for development of the project; or
(4) An emergency situation exists which
				  requires expedient action to alleviate or minimize a condition representing a
				  danger or economic loss to the public.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0700 - PROFESSIONAL OR SPECIALIZED SERVICES › Section 02E .0702 - SOLICITATION AND AWARD OF CONTRACT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall maintain a "Directory of Transportation Firms" that have the
				  necessary expertise and experience, and have expressed a desire to perform in
				  professional engineering or other kinds of professional or specialized services
				  for the Department in connection with transportation construction or repair.
				  Prequalification pursuant to Rule .0703 of this Section shall be required for
				  inclusion on the Directory or award of a contract under this Section.
(b) Upon authorization by the Secretary of
				  Transportation for the DOT staff to use a professional or specialized firm, a
				  Selection Committee shall be established by the branch manager consisting of at
				  least three members from the DOT staff who are experienced in the type of
				  services to be contracted. For contracts anticipated to exceed fifty thousand
				  dollars $50,000, solicitation for proposals shall be by published
				  advertisement. In addition, solicitation for interest may be by direct mail to
				  all firms prequalified for the type of services to be contracted and selected
				  from the Directory.
(c) The firm(s)
				  to be employed shall be selected for each project by the Selection
				  Committee.
(d) For contracts having
				  a total cost over fifty thousand dollars ($50,000) and for supplemental
				  agreements award shall be made by the Secretary of Transportation.
(e) Supplemental agreements that increase a
				  cost of a project to more than fifty thousand dollars ($50,000) shall be
				  approved by the Secretary.
(f) In
				  an emergency situation, these Rules may be waived by the Secretary of
				  Transportation or the Secretary's designee pursuant to
				  G.S.
				  136-28.1(e). A qualified
				  firm may be selected, negotiations conducted, and a contract executed by the
				  Secretary of Transportation or the Secretary's designee as required to resolve
				  the emergency conditions.
Authority
					 G.S.
					 136-28.1(e) and (f);
					 143B-350(f) and
					 (g);
Temporary Rule Eff. June 11,
					 1982 for a Period of 51 Days to Expire on August 1, 1982;
Eff.
					 August 1, 1982;
Amended Eff. October 1, 2014; December 1, 2012;
					 December 29, 1993; October 1, 1991; April 1, 1986; February 1,
					 1983;
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 E - MISCELLANEOUS OPERATIONS › Section .0700 - PROFESSIONAL OR SPECIALIZED SERVICES › Section 02E .0703 - PREQUALIFYING TO AWARD - PROFESSIONAL SERVICES FIRMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to ensure that contracts awarded pursuant to
				  G.S.
				  136-28.1(f) and
				  G.S.
				  143-64.31 are awarded to responsible firms,
				  prospective professional services firms shall comply with the rules set forth
				  in this Section except as otherwise provided by law.
(b) In order to be eligible to contract with
				  the Department pursuant to
				  G.S.
				  136-28.1(f) and
				  G.S.
				  143-64.31, all prospective professional
				  services firms shall be prequalified with the Department to ensure that the
				  firm is capable of performing the proposed contract.
(c) The requirements of prequalification are
				  as follows:
(1) Applicants shall demonstrate
				  the necessary experience, knowledge, and expertise to perform complete
				  professional services contracts in which they submit or subcontract;
(2) Applicants shall demonstrate that they
				  have sufficient financial resources, including available equipment and
				  qualified personnel, and a financial statement (first time applicants and
				  reinstatements only), to perform and complete professional services contracts
				  in which they submit or subcontract;
(3) Applicants shall demonstrate that they
				  have the necessary knowledge and expertise to comply with all state and federal
				  laws relating to professional services contracts.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0800 - SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS › Section 02E .0801 - PERMIT TO SOLICIT CONTRIBUTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In recognition of the State of North Carolina's legitimate
					 concern for the safety and well-being of the traveling public as well as the
					 right of citizens to the free exercise of religion, all religious organizations
					 and those non-profit charitable or educational organizations with a history of
					 concern for the health and safety of the traveling public are hereby authorized
					 to solicit contributions at North Carolina Highway rest areas, wayside parks,
					 and visitor welcome centers in accordance with these Rules. All other forms of
					 solicitation by any other individuals or organizations are
					 prohibited.
Authority
					 G.S.
					 20-175;
					 136-18;
Eff. November
					 1, 1984;
Amended Eff. December 1, 1993; October 1, 1991; 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 E - MISCELLANEOUS OPERATIONS › Section .0800 - SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS › Section 02E .0802 - PERMITS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  organizations desiring to solicit under the provisions of this Section must
				  first obtain a permit from the Department of Transportation for the stated
				  purpose of allowing their members to solicit at designated areas on the state
				  highway system.
(b) Written
				  requests for permits for solicitation shall be sent to the appropriate Division
				  Engineer of the Division of Highways in which the rest area or welcome center
				  is located.
(c) Written requests
				  must include all of the following:
(1) copy of
				  certificate showing that the applicant is exempt from federal income tax as a
				  religious, educational or charitable organization as provided in
				  26 USC
				  501(c)(3) together with the
				  applicant's tax exemption number;
(2) a statement indicating the locations
				  where the organization intends to solicit contributions;
(3) the name and address of each individual
				  authorized to solicit for the applicant;
(4) the name of an officer of the applicant,
				  together with an address, to whom the permit is to be sent and complaints are
				  to be directed; and
(5) if the
				  request for a permit is from a non-religious educational or charitable
				  organization, a written description of the organization's past efforts serving
				  and promoting the safety of the traveling public.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0800 - SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS › Section 02E .0803 - SOLICITATION RESTRICTIONS AND REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  member of an organization duly permitted under these Rules actually engaged in
				  soliciting for contributions must provide and prominently display an
				  identification tag or badge containing all of the following information:
(1) a photograph;
(2) name;
(3) organization; and
(4) DOT permit number.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0800 - SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS › Section 02E .0804 - REVOCATION OF PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any of the
				  following shall be grounds for revoking a permit issued under the provisions of
				  these Rules:
(1) failure to renew the permit
				  issued to the organization;
(2)
				  loss of federal income tax exemptions;
(3) violations of the restrictions on
				  solicitations contained in Rule .0803 of this Section;
(4) substantiated complaints of harassment of
				  travelers by individual solicitors;
(5) any action which adversely affects the
				  health or safety of the traveling public;
(6) fraud or misrepresentation in application
				  on the part of the permittee.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0900 - DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS › Section 02E .0901 - NEWSPAPER DISTRIBUTION POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The Department of Transportation, in recognition of the
					 First Amendment right of freedom of speech which includes the right to
					 distribute newspapers in certain public areas, and in recognition of the State
					 of North Carolina's legitimate concern for the safety and well-being of the
					 traveling public and the commercial vending authority of the Division of
					 Services to the Blind, Department of Human Resources, has determined that all
					 distribution of newspapers at rest areas and welcome centers on all of North
					 Carolina's highways shall be in accordance with the following Rules. All other
					 forms of newspaper distribution at rest areas and welcome centers are
					 prohibited.
Authority
					 G.S.
					 111-41 et seq.; 136-18(9);
Eff.
					 October 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 E - MISCELLANEOUS OPERATIONS › Section .0900 - DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS › Section 02E .0902 - PERMITS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit must
				  be obtained from the Department of Transportation to distribute newspapers from
				  newspaper dispensers at rest areas and welcome centers.
(b) All permit requests must be in writing
				  and must include the owner's name, address, telephone number and location of
				  the newspaper dispenser, a plot plan showing the proposed location of the
				  newspaper dispenser and a certification that such location is in conformity
				  with this Section. The filing of a completed permit application will be
				  considered a temporary permit pending the 30 day Department of Transportation
				  review in Paragraph (c) of this Rule.
(c) Within 30 days of receipt of the permit
				  application, the Department of Transportation will review the proposed location
				  and, if it meets all requirements, issue a permit. If the application does not
				  meet all requirements, the Department shall issue a notice of nonconformance
				  and list the reasons the application does not conform to the Department
				  Rules.
(d) The permit shall be
				  valid until terminated or revoked for noncompliance with these Rules.
Authority
					 G.S.
					 136-18(9);
Eff.
					 October 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 E - MISCELLANEOUS OPERATIONS › Section .0900 - DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS › Section 02E .0903 - INDEMNIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner of
				  the news dispenser, upon the placement of a newspaper dispenser at a rest area
				  or welcome center, assumes the unconditional obligation and thereby agrees to
				  defend, indemnify and save harmless the State, its agents, servants and
				  employees from all suits, actions or claims of any character brought because of
				  death or any injury received or sustained by negligence of State employees or
				  agents, arising out of the installation, use or maintenance of any newspaper
				  dispenser located on State highway rest areas or welcome centers, or where such
				  suit, action or claims arise out of such installation, use or maintenance of
				  any newspaper dispenser being a contributing omission, neglect or misconduct by
				  the permittee, or its employees, agents, distributors or servants relating to
				  the installation, use or maintenance of any newspaper dispenser within the
				  State highway rest areas or welcome centers.
(b) The aforesaid indemnification provision
				  shall be contained in each permit issued by the Department pursuant to this
				  Section.
Authority
					 G.S.
					 136-18(9);
Eff.
					 October 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.