North Carolina General Statutes Chapter 136 Transportation

Article 1 - Organization of Department of Transportation.

  • N.C. Gen. Stat. § 136-1 through 136-3.   Repealed by Session Laws 1973, c. 507, s. 23
  • N.C. Gen. Stat. § 136-4.   Chief Engineer
    There shall be a Chief Engineer, who shall be a career official and who shall be the administrative officer of the Department of Transportation...
  • N.C. Gen. Stat. § 136-4.1 through 136-5.   Repealed by Session Laws 1973, c. 507, s. 23
  • N.C. Gen. Stat. § 136-5.1.   Transportation system
    For the purpose of this Chapter, transportation system is defined as all modes of transportation infrastructure owned and maintained by the North Carolina Department...
  • N.C. Gen. Stat. § 136-6 through 136-9.   Repealed by Session Laws 1957, c. 65, s. 12
  • N.C. Gen. Stat. § 136-10.   Audit and rules
    The operations of the Department of Transportation shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147...
  • N.C. Gen. Stat. § 136-11.   Repealed by Session Laws 2010-165, s. 1, effective August 2, 2010
  • N.C. Gen. Stat. § 136-11.1.   Local consultation on transportation projects
    Prior to any action of the Board on a transportation project, the Department shall inform all municipalities and counties affected by a planned transportation...
  • N.C. Gen. Stat. § 136-12.   Reports to General Assembly; Transportation Improvement Program submitted to members and staff of General Assembly
    (a) The Department of Transportation shall, on or before the tenth day after the convening of each regular session of the General Assembly of...
  • N.C. Gen. Stat. § 136-12.1.   Biennial report on off-premise sign regulatory program
    The Department of Transportation shall make a biennial report to the General Assembly beginning on January 1, 1993, on its Off-Premise Sign Regulatory Program....
  • N.C. Gen. Stat. § 136-12.2.   Repealed by Session Laws 2011-145, s. 28.35(a), effective July 1, 2011
  • N.C. Gen. Stat. § 136-13.   Malfeasance of officers and employees of Department of Transportation, members of Board of Transportation, contractors, and others
    (a) It is unlawful for any person, firm, or corporation to directly or indirectly corruptly give, offer, or promise anything of value to any...
  • N.C. Gen. Stat. § 136-13.1.   Use of position to influence elections or political action
    No member of the Board of Transportation nor any officer or employee of the Department of Transportation shall be permitted to use his position...
  • N.C. Gen. Stat. § 136-13.2.   Falsifying highway inspection reports
    (a) Any person who knowingly falsifies any inspection report or test report required by the Department of Transportation in connection with the construction of...
  • N.C. Gen. Stat. § 136-14.   Members not eligible for other employment with Department; no sales to Department by employees; members not to sell or trade property with Department; profiting from official position; misuse of confidential information by Board members
    (a) No Board member shall be eligible to any other employment in connection with the Department. (b) No Board member or any salaried employee...
  • N.C. Gen. Stat. § 136-14.1.   Transportation engineering divisions
    For purposes of administering transportation activities, the Department of Transportation shall have authority to designate boundaries of transportation engineering divisions for the proper administration...
  • N.C. Gen. Stat. § 136-14.2.   Division engineer to manage personnel
    Except for general departmental policy applicable to all of the State the division engineer shall have authority over all divisional personnel matters and over...
  • N.C. Gen. Stat. § 136-15.   Establishment of administrative districts
    The Department of Transportation may establish such administrative districts as in its opinion shall be necessary for the proper and efficient performance of highway...
  • N.C. Gen. Stat. § 136-16.   Funds and property converted to State Highway Fund
    Except as otherwise provided, all funds and property collected by the Department of Transportation, including the proceeds from the sale of real property originally...
  • N.C. Gen. Stat. § 136-16.1 through 136-16.3.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-16.4, 136-16.5.   Repealed by Session Laws 2013-360, s. 34.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-16.4, 136-16.5.   Repealed by Session Laws 2013-360, s. 34.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-16.6.   Repealed by Session Laws 2013-360, s. 34.14(i), effective January 1, 2014
  • N.C. Gen. Stat. § 136-16.7 through 136-16.9.   Repealed by Session Laws 2013-360, s. 34.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-16.7 through 136-16.9.   Repealed by Session Laws 2013-360, s. 34.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-16.7 through 136-16.9.   Repealed by Session Laws 2013-360, s. 34.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-16.10.   Allocations by Department Chief Financial Officer to eliminate overdrafts
    The Chief Financial Officer of the Department of Transportation shall allocate at the beginning of each fiscal year from the various appropriations made to...

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

  • N.C. Gen. Stat. § 136-17.   Repealed by Session Laws 1973, c. 507, s. 3
  • N.C. Gen. Stat. § 136-17.1.   Repealed by Session Laws 1977, c. 464, s. 13
  • N.C. Gen. Stat. § 136-17.2.   Members of the Board of Transportation represent entire State
    The chairman and members of the Board of Transportation shall represent the entire State in transportation matters and not represent any particular person, persons,...
  • N.C. Gen. Stat. § 136-17.2A.   Repealed by Session Laws 2013-183, s. 4.3, effective July 1, 2013
  • N.C. Gen. Stat. § 136-18.   Powers of Department of Transportation
    The said Department of Transportation is vested with the following powers: (1) The authority and general supervision over all matters relating to the construction,...
  • N.C. Gen. Stat. § 136-18.01.   Consultation required for welcome and visitor centers
    The Department of Commerce and the Department of Transportation shall consult with the Joint Legislative Commission on Governmental Operations and the House and Senate...
  • N.C. Gen. Stat. § 136-18.1.   Repealed by Session Laws 1999-29, s. 1
  • N.C. Gen. Stat. § 136-18.2.   Seed planted by Department of Transportation to be approved by Department of Agriculture and Consumer Services
    The Department of Transportation shall not cause any seed to be planted on or along any highway or road right-of-way unless and until such...
  • N.C. Gen. Stat. § 136-18.3.   Location of garbage collection containers by counties and municipalities
    (a) The Department of Transportation is authorized to issue permits to counties and municipalities for the location of containers on rights-of-way of state-maintained highways...
  • N.C. Gen. Stat. § 136-18.4.   Provision and marking of "pull-off" areas
    The Department of Transportation is hereby authorized and directed (i) to provide as needed within its right-of-way, adjacent to long sections of two-lane primary...
  • N.C. Gen. Stat. § 136-18.5.   Wesley D. Webster Highway
    State Highway 704 shall be known as the "Wesley D. Webster Highway". (1983 (Reg. Sess., 1984), c. 974.)
  • N.C. Gen. Stat. § 136-18.5A.   Purple Heart Memorial Highway
    Interstate Highway 95 in North Carolina is designated as the "Purple Heart Memorial Highway" to pay tribute to the many North Carolinians who have...
  • N.C. Gen. Stat. § 136-18.5B.   Dale Earnhardt Highway
    The Board of Transportation shall designate State Highway 136 in Iredell and Cabarrus counties as State Highway 3, which shall be known as the...
  • N.C. Gen. Stat. § 136-18.5C.   The U.S. Marine Corps Highway: Home of Carolina-Based Marines since 1941
    U.S. Highway 17 running between the Town of Holly Ridge and the Town of Edenton, and the portion of U.S. Highway 70 running between...
  • N.C. Gen. Stat. § 136-18.6.   Cutting down trees
    Except in the process of an authorized construction, maintenance or safety project, the Department shall not cut down trees unless: (1) The trees pose...
  • N.C. Gen. Stat. § 136-18.7.   Fees
    The fee for a selective vegetation removal permit issued pursuant to G.S. 136-18(5), (7), and (9) is two hundred dollars ($200.00). (1999-404, s. 5.)
  • N.C. Gen. Stat. § 136-19.   Acquisition of land and deposits of materials; condemnation proceedings; federal parkways
    (a) The Department of Transportation is vested with the power to acquire either in the nature of an appropriate easement or in fee simple...
  • N.C. Gen. Stat. § 136-19.1.   Repealed by Session Laws 1977, c. 338, s. 1
  • N.C. Gen. Stat. § 136-19.2.   Repealed by Session Laws 1969, c. 733, s. 13
  • N.C. Gen. Stat. § 136-19.3.   Acquisition of buildings
    Where the right-of-way of a proposed highway or other transportation project necessitates the taking of a portion of a building or structure, the Department...
  • N.C. Gen. Stat. § 136-19.4.   Registration of right-of-way plans
    (a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans for all Department of Transportation projects, on...
  • N.C. Gen. Stat. § 136-19.5.   Utility right-of-way agreements
    (a) Before the Department of Transportation acquires or proposes to acquire additional rights-of-way for the purpose of accommodating the installation of utilities as authorized...
  • N.C. Gen. Stat. § 136-20.   Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses
    (a) Whenever any road or street forming a link in or a part of the State highway system, whether under construction or heretofore or...
  • N.C. Gen. Stat. § 136-20.1.   To require installation and maintenance of block system and safety devices; automatic signals at railroad intersections
    (a) The Department of Transportation is empowered and directed to require any railroad company to install and put in operation and maintain upon the...
  • N.C. Gen. Stat. § 136-21.   Drainage of highway; application to court; summons; commissioners
    Whenever in the establishment, construction, improvement or maintenance of any public highway it shall be necessary to drain said highway, and to accomplish such...
  • N.C. Gen. Stat. § 136-22.   View by commissioners; report; judgment
    The commissioners, or a majority of them, one of whom must be the engineer aforesaid, shall, on a day of which each party is...
  • N.C. Gen. Stat. § 136-23.   Appeal
    Upon the entry of the judgment or decree aforesaid the parties to said action, or any of them, shall have the right to appeal...
  • N.C. Gen. Stat. § 136-24.   Rights of parties
    The parties to such special proceeding shall have all the rights which are secured to similar parties by Article 1 of Chapter 146 of...
  • N.C. Gen. Stat. § 136-25.   Repair of road detour
    It shall be mandatory upon the Department of Transportation, its officers and employees, or any contractor or subcontractor employed by the said Department of...
  • N.C. Gen. Stat. § 136-26.   Closing of State transportation infrastructure during construction; injury to barriers, warning signs, etc
    If it shall appear necessary to the Department of Transportation, its officers, or appropriate employees, to close any transportation infrastructure coming under its jurisdiction...
  • N.C. Gen. Stat. § 136-27.   Connection of highways with improved streets; pipelines and conduits; cost
    When any portion of the State highway system shall run through any city or town and it shall be found necessary to connect the...
  • N.C. Gen. Stat. § 136-27.1.   Relocation of water and sewer lines of municipalities and nonprofit water or sewer corporations or associations
    The Department of Transportation shall pay the nonbetterment cost for the relocation of water and sewer lines, located within the existing State transportation project...
  • N.C. Gen. Stat. § 136-27.2.   Relocation of county-owned natural gas lines located on Department of Transportation right-of-way
    The Department of Transportation shall pay the nonbetterment cost for the relocation of county-owned natural gas lines, located within the existing State transportation project...
  • N.C. Gen. Stat. § 136-27.3.   Relocation of municipalities' utilities by Department; repayment by municipalities
    When requiring municipalities to relocate utilities under its power granted in G.S. 136-18(10), the Department may enter into agreements with municipalities to provide that...
  • N.C. Gen. Stat. § 136-27.4.   Use of certain right-of-way for sidewalk dining
    (a) The Department may enter into an agreement with any local government permitting use of the State right-of-way associated with components of the State...
  • N.C. Gen. Stat. § 136-28.   Repealed by Session Laws 1971, c. 972, s. 6
  • N.C. Gen. Stat. § 136-28.1.   Letting of contracts to bidders after advertisement; exceptions
    (a) All contracts over two million five hundred thousand dollars ($2,500,000) that the Department of Transportation may let for construction, maintenance, operations, or repair...
  • N.C. Gen. Stat. § 136-28.2.   Relocated transportation infrastructure; contracts let by others
    The Department of Transportation is authorized to permit power companies and governmental agencies, including agencies of the federal government, when it is necessary to...
  • N.C. Gen. Stat. § 136-28.3.   Repealed by Session Laws 1973, c. 1194, s. 6
  • N.C. Gen. Stat. § 136-28.4.   (Expires August 31, 2014) State policy concerning participation by disadvantaged minority-owned and women-owned businesses in transportation contracts
    (a) It is the policy of this State, based on a compelling governmental interest, to encourage and promote participation by disadvantaged minority-owned and women-owned...
  • N.C. Gen. Stat. § 136-28.5.   Construction diaries; bid analysis and management system
    (a) Diaries kept in connection with construction or repair contracts entered into pursuant to G.S. 136-28.1 shall not be considered public records for the...
  • N.C. Gen. Stat. § 136-28.6.   Participation by the Department of Transportation with private developers
    (a) The Department of Transportation may participate in private engineering and construction contracts for State transportation systems. (b) In order to qualify for State...
  • N.C. Gen. Stat. § 136-28.6A.   Expired, pursuant to Session Laws 2009-235, s. 2, effective December 31, 2011
  • N.C. Gen. Stat. § 136-28.7.   Contract requirements relating to construction materials
    (a) The Department of Transportation shall require that every contract for construction or repair necessary to carry out the provisions of this Chapter shall...
  • N.C. Gen. Stat. § 136-28.8.   Use of recycled materials in construction
    (a) It is the intent of the General Assembly that the Department of Transportation continue to expand its use of recycled materials in its...
  • N.C. Gen. Stat. § 136-28.9.   Retainage - construction contracts
    Notwithstanding the provisions of G.S. 147-69.1, 147-77, 147-80, 147-86.10, and 147-86.11, or any other provision of the law, the Department of Transportation is authorized...
  • N.C. Gen. Stat. § 136-28.10.   Highway Fund and Highway Trust Fund Small Project Bidding
    (a) Notwithstanding the provisions of G.S. 136-28.4(b), for Highway Fund or Highway Trust Fund construction and repair projects of five hundred thousand dollars ($500,000)...
  • N.C. Gen. Stat. § 136-28.11.   Design-build construction of transportation projects
    (a) Design-Build Contracts Authorized. - Notwithstanding any other provision of law, the Board of Transportation may award contracts each fiscal year for construction of...
  • N.C. Gen. Stat. § 136-28.12.   Litter removal coordinated with mowing of highway rights-of-way
    The Department of Transportation shall, to the extent practicable, schedule the removal of debris, trash, and litter from highways and highway rights-of-way prior to...
  • N.C. Gen. Stat. § 136-28.13.   Participation in the energy credit banking and selling program
    The Department of Transportation shall participate in the energy credit banking and selling program under G.S. 143-58.4 and is eligible to receive proceeds from...
  • N.C. Gen. Stat. § 136-28.14.   Project contractor licensing requirements
    The letting of contracts under this Chapter for the following types of projects shall not be subject to the licensing requirements of Article 1...
  • N.C. Gen. Stat. § 136-28.15.   Diesel vehicles purchase warranty requirement
    Every new motor vehicle transferred to or purchased by the Department of Transportation that is designed to operate on diesel fuel shall be covered...
  • N.C. Gen. Stat. § 136-29.   Adjustment and resolution of Department of Transportation contract claim
    (a) A contractor who has completed a contract with the Department of Transportation let in accordance with Article 2 of this Chapter and who...
  • N.C. Gen. Stat. § 136-30.   Uniform signs and other traffic control devices on highways, streets, and public vehicular areas
    (a) State Highway System. - The Department of Transportation may number and mark highways in the State highway system. All traffic signs and other...
  • N.C. Gen. Stat. § 136-30.1.   Center line and pavement edge line markings
    (a) The Department of Transportation shall mark with center lines and edge lines all interstate and primary roads and all paved secondary roads having...
  • N.C. Gen. Stat. § 136-30.2.   Prohibit the use of high content arsenic glass beads in paint used for pavement marking
    No pavement markings shall be placed on or along any road in the State highway system, in any municipal street system, or on any...
  • N.C. Gen. Stat. § 136-31.   Repealed by Session Laws 1991, c. 530, s. 3
  • N.C. Gen. Stat. § 136-32.   Regulation of signs
    (a) Commercial Signs. - No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal or light or...
  • N.C. Gen. Stat. § 136-32.1.   Misleading signs prohibited
    No person shall erect or maintain within 100 feet of any highway right-of-way any warning or direction sign or marker of the same shape,...
  • N.C. Gen. Stat. § 136-32.2.   Placing blinding, deceptive or distracting lights unlawful
    (a) If any person, firm or corporation shall place or cause to be placed any lights, which are flashing, moving, rotating, intermittent or steady...
  • N.C. Gen. Stat. § 136-32.3.   Litter enforcement signs
    The Department of Transportation shall place signs on the Interstate Highway System notifying motorists of the penalties for littering. The signs shall include the...
  • N.C. Gen. Stat. § 136-33.   Damaging or removing signs; rewards
    (a) No person shall willfully deface, damage, knock down or remove any sign posted as provided in G.S. 136-26 or G.S. 136-30. (b) No...
  • N.C. Gen. Stat. § 136-33.1.   Signs for protection of cattle
    Upon written request of any owner of more than five head of cattle, the Department of Transportation shall erect appropriate and adequate signs on...
  • N.C. Gen. Stat. § 136-33.2.   Repealed by Session Laws 2007-164, s. 2, effective July 1, 2007
  • N.C. Gen. Stat. § 136-33.2A.   Signs marking beginning of reduced speed zones
    If a need to reduce speed in a speed zone is determined to exist by an engineer of the Department, there shall be a...
  • N.C. Gen. Stat. § 136-34.   Department of Transportation authorized to furnish road equipment to municipalities
    The Department of Transportation is hereby authorized to furnish municipalities road maintenance equipment to aid such municipalities in the maintenance of streets upon such...
  • N.C. Gen. Stat. § 136-34.1.   Department of Transportation authorized to furnish road maintenance materials to municipalities
    The Department of Transportation is authorized, in its discretion, to furnish municipalities road maintenance materials to aid municipalities in the maintenance of streets upon...
  • N.C. Gen. Stat. § 136-35.   Cooperation with other states and federal government
    It shall also be the duty of the Department of Transportation, where possible, to cooperate with the state highway commissions of other states and...
  • N.C. Gen. Stat. § 136-36.   Repealed by Session Laws 1951, c. 260, s. 4
  • N.C. Gen. Stat. § 136-37.   Repealed by Session Laws 1959, c. 687, s. 5
  • N.C. Gen. Stat. § 136-38 through 136-41.   Repealed by Sessions Laws 1951, c. 260, s. 4
  • N.C. Gen. Stat. § 136-41.1.   Appropriation to municipalities; allocation of funds generally; allocation to Butner
    (a) There is annually appropriated out of the State Highway Fund a sum equal to ten and four-tenths percent (10.4%) of the net amount...
  • N.C. Gen. Stat. § 136-41.2.   Eligibility for funds; municipalities incorporated since January 1, 1945
    (a) No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has conducted the most recent election required by its charter...
  • N.C. Gen. Stat. § 136-41.2A.   Eligibility for funds; municipalities incorporated before January 1, 1945
    (a) No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has been within the four-year period next preceding the annual...
  • N.C. Gen. Stat. § 136-41.2B.   Eligibility for funds; municipalities with no road miles ineligible
    No municipality shall be eligible to receive funds under G.S. 136-41.1 unless the municipality maintains public streets that (i) are within its jurisdiction and...
  • N.C. Gen. Stat. § 136-41.3.   Use of funds; records and annual statement; excess accumulation of funds; contracts for maintenance, etc., of streets
    (a) Uses of Funds. - The funds allocated to cities and towns under the provisions of G.S. 136-41.2 shall be expended by said cities...
  • N.C. Gen. Stat. § 136-41.4.   Municipal use of allocated funds; election
    (a) A municipality that qualifies for an allocation of funds pursuant to G.S. 136-41.1 shall have the following options: (1) Accept all or a...
  • N.C. Gen. Stat. § 136-42.   Transferred to G.S. 136-42.2 by Session Laws 1971, c. 345, s. 2
  • N.C. Gen. Stat. § 136-42.1.   Archaeological objects on highway right-of-way
    The Department of Transportation is authorized to expend highway funds for reconnaissance surveys, preliminary site examinations and salvage work necessary to retrieve and record...
  • N.C. Gen. Stat. § 136-42.2.   Markers on highway; cooperation of Department of Transportation
    The Department of Transportation is hereby authorized to cooperate with the Department of Cultural Resources in marking historic spots along the State highways. (1927,...
  • N.C. Gen. Stat. § 136-42.3.   Historical marker program
    The Department of Transportation may spend up to forty thousand dollars ($40,000) a year to purchase historical markers prepared and delivered to it by...
  • N.C. Gen. Stat. § 136-43.   Transferred to 136-42.3 by Session Laws 1971, c. 345, s. 2
  • N.C. Gen. Stat. § 136-43.1.   Procedure for correction and relocation of historical markers
    Any person, firm or corporation who has knowledge or information, supported by historical data, books, records, writings, or other evidence, that any historical marker...
  • N.C. Gen. Stat. § 136-44.   Maintenance of grounds
    The Department of Transportation is hereby authorized and directed through the highway supervisor of the district that includes Warren County to clean off and...

Article 2A - State Transportation Generally.

  • N.C. Gen. Stat. § 136-44.1.   Statewide transportation system; policies
    The Department of Transportation shall develop and maintain a statewide system of roads, highways, and other transportation systems commensurate with the needs of the...
  • N.C. Gen. Stat. § 136-44.2.   (Effective until July 1, 2014) Budget and appropriations
    G.S. 136-44.2 is set out twice. See notes. ------------------------------------------------------ (a) The Director of the Budget shall include in the "Current Operations Appropriations Act" an...
  • N.C. Gen. Stat. § 136-44.2A.   (Repealed effective July 1, 2014 - see note) Secondary road construction program
  • N.C. Gen. Stat. § 136-44.2B.   Reports to appropriations committees of General Assembly
    In each year that an appropriation bill is considered by the General Assembly, the Department of Transportation shall make a report to the appropriations...
  • N.C. Gen. Stat. § 136-44.2C.   Repealed by Session Laws 2013-183, s. 2.4, effective July 1, 2013
  • N.C. Gen. Stat. § 136-44.2D.   Secondary unpaved road paving program
    The Department of Transportation shall expend funds allocated to the paving of unpaved secondary roads for the paving of unpaved secondary roads based on...
  • N.C. Gen. Stat. § 136-44.3.   Maintenance program
    The Department shall establish performance standards for the maintenance and operation of the State highway system. In each even-numbered year, the Department of Transportation...
  • N.C. Gen. Stat. § 136-44.4.   Annual construction program; State primary and urban systems
    The Department of Transportation shall develop an annual construction program for the state-funded improvements on the primary and urban system highways and for all...
  • N.C. Gen. Stat. § 136-44.5.   (Repealed effective July 1, 2014 - see note) Secondary roads; mileage study; allocation of funds
  • N.C. Gen. Stat. § 136-44.6.   Uniformly applicable formula for the allocation of secondary roads maintenance and improvement funds
    The Department of Transportation shall develop a uniformly applicable formula for the allocation of secondary roads maintenance and improvement funds for use in each...
  • N.C. Gen. Stat. § 136-44.7.   Secondary roads; right-of-way acquisition
    (a), (b) Repealed by Session Laws 2013-183, s. 2.7, effective July 1, 2013. (c) When it is necessary for the Department of Transportation to...
  • N.C. Gen. Stat. § 136-44.7A.   Submission of secondary roads construction programs to State agencies
    When the Department of Transportation proposes to pave an unpaved secondary road that crosses land controlled by a State agency, the Department of Transportation...
  • N.C. Gen. Stat. § 136-44.7B.   Permit issuance by Department of Environment and Natural Resources transportation construction projects
    Once the Department of Environment and Natural Resources or any agency within the Department of Environment and Natural Resources has issued a permit that...
  • N.C. Gen. Stat. § 136-44.7C.   Analysis and approval of Department of Transportation environmental policies or guidelines affecting transportation projects
    (a) Analysis Required. - The Department of Transportation shall conduct an analysis of any proposed environmental policy or guideline adopted by the Department that...
  • N.C. Gen. Stat. § 136-44.7D.   Bridge construction guidelines
    A bridge crossing rivers and streams in watersheds shall be constructed to accommodate the hydraulics of a flood water level equal to the water...
  • N.C. Gen. Stat. § 136-44.7E.   Compliance with federal guidelines for transportation projects
    The Department may continue to use the Merger '01 process provided the relevant portions of P.L. 109-59, Section 6002, (SAFETEA-LU) are incorporated to ensure...
  • N.C. Gen. Stat. § 136-44.8.   (Effective until July 1, 2014) Submission of secondary roads construction and unpaved roads paving programs to the Boards of County Commissioners
    G.S. 136-44.8 is set out twice. See notes. ------------------------------------------------------ (a) Repealed by Session Laws 2013-183, s. 2.8(a), effective July 1, 2013. (a1) In each...
  • N.C. Gen. Stat. § 136-44.9.   Secondary roads; annual statements
    The Department of Transportation shall, before the end of the calendar year, prepare and file with the board of county commissioners a statement setting...
  • N.C. Gen. Stat. § 136-44.10.   Additions to secondary road system
    The Board of Transportation shall adopt uniform statewide or regional standards and criteria which the Department of Transportation shall follow for additions to the...
  • N.C. Gen. Stat. § 136-44.11.   Right-of-way acquisitions; preliminary engineering annual report
    (a) The Department of Transportation shall include in its annual report projects for which preliminary engineering has been performed more than two years but...
  • N.C. Gen. Stat. § 136-44.12.   Maintenance of roads and parking lots in areas administered by the Division of Parks and Recreation
    The Department of Transportation shall maintain all roads and parking lots which are not part of the State Highway System, leading into and located...
  • N.C. Gen. Stat. § 136-44.13.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-44.14.   Curb ramps or curb cuts for handicapped persons
    (a) Curbs constructed on each side of any street or road, where curbs and sidewalks are provided and at other major points of pedestrian...
  • N.C. Gen. Stat. § 136-44.15.   Expired
  • N.C. Gen. Stat. § 136-44.16.   Authorized use of contract maintenance resurfacing program funds
    Of the contract maintenance resurfacing program funds appropriated by the General Assembly to the Department of Transportation, an amount not to exceed fifteen percent...
  • N.C. Gen. Stat. § 136-44.17.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-44.18.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-44.19.   Reserved for future codification purposes

Article 2B - Public Transportation.

  • N.C. Gen. Stat. § 136-44.20.   Department of Transportation designated agency to administer and fund public transportation programs; authority of political subdivisions
    (a) The Department of Transportation is hereby designated as the agency of the State of North Carolina responsible for administering all federal and/or State...
  • N.C. Gen. Stat. § 136-44.21.   Ridesharing arrangement defined
    Ridesharing arrangement means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of the driver and is...
  • N.C. Gen. Stat. § 136-44.22.   Workers' Compensation Act does not apply to ridesharing arrangements
    Chapter 97 of the General Statutes shall not apply to a person injured while participating in a ridesharing arrangement between his or her place...
  • N.C. Gen. Stat. § 136-44.23.   Ridesharing arrangement benefits are not income
    Any benefits, other than salary or wages, received by a driver or a passenger while in a ridesharing arrangement shall not constitute income for...
  • N.C. Gen. Stat. § 136-44.24.   Ridesharing arrangements exempt from municipal licenses and taxes
    No county, city, town or other municipal corporation may require a business license for a ridesharing arrangement, nor may they require any additional tax,...
  • N.C. Gen. Stat. § 136-44.25.   Wage and Hour Act inapplicable to ridesharing arrangements
    The provisions of Article 2A of Chapter 95 of the General Statutes of North Carolina shall not apply to an employee while participating in...
  • N.C. Gen. Stat. § 136-44.26.   Use of public motor vehicles for ridesharing
    Motor vehicles owned or operated by any State or local agency may be used in ridesharing arrangements for public employees, provided the public employees...
  • N.C. Gen. Stat. § 136-44.27.   North Carolina Elderly and Disabled Transportation Assistance Program
    (a) There is established the Elderly and Disabled Transportation Assistance Program that shall provide State financed elderly and disabled transportation services for counties within...
  • N.C. Gen. Stat. § 136-44.28.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-44.29.   Reserved for future codification purposes

Article 2C - House Movers Licensing Board.

  • N.C. Gen. Stat. § 136-44.30 through 136-44.34.   Repealed by Session Laws 1977, c. 579

Article 2D - Railroad Revitalization.

  • N.C. Gen. Stat. § 136-44.35.   Railroad revitalization and corridor preservation a public purpose
    The General Assembly hereby finds that programs for railroad revitalization which assure the maintenance of safe, adequate, and efficient rail transportation services and that...
  • N.C. Gen. Stat. § 136-44.36.   Department of Transportation designated as agency to administer federal and State railroad revitalization programs
    (a) The General Assembly hereby designates the Department of Transportation as the agency of the State of North Carolina responsible for administering all State...
  • N.C. Gen. Stat. § 136-44.36A.   Railway corridor preservation
    The North Carolina Department of Transportation is authorized, pursuant to 16 U.S.C.A. 1247(d), to preserve rail transportation corridors and permit compatible interim uses of...
  • N.C. Gen. Stat. § 136-44.36B.   Power of Department to preserve and acquire railroad corridors
    In exercising its power to preserve railroad corridors, the Department of Transportation may acquire property for new railroad corridors and may acquire property that...
  • N.C. Gen. Stat. § 136-44.36C.   Installment contracts authorized
    The Department of Transportation may purchase active or inactive railroad lines, corridors, rights-of-way, locomotives, rolling stock, and other rail property, both real and personal,...
  • N.C. Gen. Stat. § 136-44.36D.   Recreational leasing requirements
    Portions of rail corridors held by the North Carolina Department of Transportation in fee simple absolute may be leased by the Department for interim...
  • N.C. Gen. Stat. § 136-44.37.   Department to provide nonfederal matching share
    The Department of Transportation upon approval by the Board of Transportation and the Director of the Budget may provide for the matching share of...
  • N.C. Gen. Stat. § 136-44.38.   Department to provide State and federal financial assistance to cities and counties for rail revitalization
    (a) The Department of Transportation is authorized to distribute to cities and counties State financial assistance for local rail revitalization programs provided that every...
  • N.C. Gen. Stat. § 136-44.39.   Department to provide State and federal financial assistance to short-line railroads
    The Department of Transportation is authorized to provide assistance to short-line railroads to continue and enhance rail service in the State so as to...
  • N.C. Gen. Stat. § 136-44.40 through 136-44.49.   Reserved for future codification purposes

Article 2E - Transportation Corridor Official Map Act.

  • N.C. Gen. Stat. § 136-44.50.   Transportation corridor official map act
    (a) A transportation corridor official map may be adopted or amended by any of the following: (1) The governing board of any local government...
  • N.C. Gen. Stat. § 136-44.51.   Effect of transportation corridor official map
    (a) After a transportation corridor official map is filed with the register of deeds, no building permit shall be issued for any building or...
  • N.C. Gen. Stat. § 136-44.52.   Variance from transportation corridor official map
    (a) The Department of Transportation, the regional public transportation authority, the regional transportation authority, or the local government which initiated the transportation corridor official...
  • N.C. Gen. Stat. § 136-44.53.   Advance acquisition of right-of-way within the transportation corridor
    (a) After a transportation corridor official map is filed with the register of deeds, a property owner has the right of petition to the...
  • N.C. Gen. Stat. § 136-44.54.   Standard for appraisal of right-of-way within corridor
    The Department shall utilize the criteria contained in 49 C.F.R. 24.103 (1997) when appraising right-of-way in a transportation corridor designated under this Article. (1998-184,...

Article 3 - State Highway System.

  • N.C. Gen. Stat. § 136-45.   General purpose of law; control, repair and maintenance of highways
    The general purpose of the laws creating the Department of Transportation is that said Department of Transportation shall take over, establish, construct, and maintain...
  • N.C. Gen. Stat. § 136-46 through 136-47.   Repealed by Session Laws 1977, c. 464, s. 22
  • N.C. Gen. Stat. § 136-48 through 136-50.   Repealed by Session Laws 1943, c. 410
  • N.C. Gen. Stat. § 136-51.   Maintenance of county public roads vested in Department of Transportation
    From and after July 1, 1931, the exclusive control and management and responsibility for all public roads in the several counties shall be vested...
  • N.C. Gen. Stat. § 136-52 through 136-53.   Repealed by Session Laws 1977, c. 464, s. 22
  • N.C. Gen. Stat. § 136-54.   Power to make changes
    The Board of Transportation shall be authorized, when in its judgment the public good requires it, to change, alter, add to, or abandon and...
  • N.C. Gen. Stat. § 136-55.   Repealed by Session Laws 1979, c. 143, s. 1
  • N.C. Gen. Stat. § 136-55.1.   Notice of abandonment
    (a) At least 60 days prior to any action by the Department of Transportation abandoning a segment of road and removing the same from...
  • N.C. Gen. Stat. § 136-56.   Repealed by Session Laws 1967, c. 1128, s. 4
  • N.C. Gen. Stat. § 136-57.   Repealed by Session Laws 1965, c. 538, s. 1
  • N.C. Gen. Stat. § 136-58.   Repealed by Session Laws 1977, c. 464, s. 22
  • N.C. Gen. Stat. § 136-59.   No court action against Board of Transportation
    No action shall be maintained in any of the courts of this State against the Board of Transportation to determine the location of any...
  • N.C. Gen. Stat. § 136-60 through 136-61.   Repealed by Session Laws 1973, c. 507, s. 23
  • N.C. Gen. Stat. § 136-62.   Right of petition
    The citizens of the State shall have the right to present petitions to the board of county commissioners, and through the board to the...
  • N.C. Gen. Stat. § 136-63.   Change or abandonment of roads
    (a) The board of county commissioners of any county may, on its own motion or on petition of a group of citizens, request the...
  • N.C. Gen. Stat. § 136-64.   Filing of complaints with Department of Transportation; hearing and appeal
    In the event of failure to maintain the roads of the State highway system or any county road system in good condition, the board...
  • N.C. Gen. Stat. § 136-64.1.   Applications for intermittent closing of roads within watershed improvement project by Department of Transportation; notice; regulation by Department; delegation of authority; markers
    (a) Upon proper application by the board of commissioners of a drainage district established under the provisions of Chapter 156 of the General Statutes...
  • N.C. Gen. Stat. § 136-65 through 136-66.   Repealed by Session Laws 1943, c. 410

Article 3A - Transportation Systems in and around Municipalities.

  • N.C. Gen. Stat. § 136-66.1.   Responsibility for streets inside municipalities
    Responsibility for streets and highways inside the corporate limits of municipalities is hereby defined as follows: (1) The State Highway System. - The State...
  • N.C. Gen. Stat. § 136-66.2.   Development of a coordinated transportation system and provisions for streets and highways in and around municipalities
    (a) Each municipality, not located within a metropolitan planning organization (MPO) as recognized in G.S. 136-200.1, with the cooperation of the Department of Transportation,...
  • N.C. Gen. Stat. § 136-66.3.   Local government participation in improvements to the State transportation system
    (a) Municipal Participation Authorized. - A municipality may, but is not required to, participate in the right-of-way and construction cost of a State transportation...
  • N.C. Gen. Stat. § 136-66.4.   Rules and regulations; authority of municipalities
    The Department of Transportation shall have authority to adopt such rules and regulations as are necessary to carry out the responsibilities of the Department...
  • N.C. Gen. Stat. § 136-66.5.   Improvements in urban areas to reduce traffic congestion
    (a) The Department of Transportation is authorized to enter into contracts with municipalities for improvement projects which are a part of an overall plan...
  • N.C. Gen. Stat. § 136-66.6.   Arrangements in a consolidated city-county
    The provisions of this Article applying to municipalities apply to each consolidated city-county with respect to each urban service district defined by its governing...
  • N.C. Gen. Stat. § 136-66.7.   Authority to include a Municipal Street System street in right-of-way of State Highway System
    (a) Notwithstanding any other provisions of Article 3A of Chapter 136, the provisions of Article 15 of Chapter 160A, or of any other statute,...
  • N.C. Gen. Stat. § 136-66.8.   Agreements with units of local government to expedite projects
    (a) Agreements Authorized. - The Department of Transportation may enter into agreements with units of local government for the purpose of expediting transportation projects...
  • N.C. Gen. Stat. § 136-66.9.   Reserved for future codification purposes

Article 3B - Dedication of Right-of-Way with Density or Development Rights Transfer.

  • N.C. Gen. Stat. § 136-66.10.   Dedication of right-of-way under local ordinances
    (a) Whenever a tract of land located within the territorial jurisdiction of a city or county's zoning or subdivision control ordinance or any other...
  • N.C. Gen. Stat. § 136-66.11.   Transfer of severable development rights
    (a) When used in this section and in G.S. 136-66.10, the term "severable development right" means the potential for the improvement or subdivision of...

Article 4 - Neighborhood Roads, Cartways, Church Roads, etc.

  • N.C. Gen. Stat. § 136-67.   Neighborhood public roads
    All those portions of the public road system of the State which have not been taken over and placed under maintenance or which have...
  • N.C. Gen. Stat. § 136-68.   Special proceeding for establishment, alteration or discontinuance of cartways, etc.; petition; appeal
    The establishment, alteration, or discontinuance of any cartway, church road, mill road, or like easement, for the benefit of any person, firm, association, or...
  • N.C. Gen. Stat. § 136-69.   Cartways, tramways, etc., laid out; procedure
    (a) If any person, firm, association, or corporation shall be engaged in the cultivation of any land or the cutting and removing of any...
  • N.C. Gen. Stat. § 136-70.   Alteration or abandonment of cartways, etc., in same manner
    Cartways or other ways established under this Article or heretofore established, may be altered, changed, or abandoned in like manner as herein provided for...
  • N.C. Gen. Stat. § 136-71.   Church roads and easements of public utility lines laid out on petition; procedure
    Necessary roads or easements and right-of-ways for electric light lines, power lines, water lines, sewage lines, and telephone lines leading to any church or...
  • N.C. Gen. Stat. § 136-71.1 through 136-71.5.   Reserved for future codification purposes

Article 4A - Bicycle and Bikeway Act of 1974.

  • N.C. Gen. Stat. § 136-71.6.   How Article cited
    This Article may be cited as the North Carolina Bicycle and Bikeway Act of 1974. (1973, c. 1447, s. 1.)
  • N.C. Gen. Stat. § 136-71.7.   Definitions
    As used in this Article, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to...
  • N.C. Gen. Stat. § 136-71.8.   Findings
    The General Assembly hereby finds that it is in the public interest, health, safety, and welfare for the State to encourage and provide for...
  • N.C. Gen. Stat. § 136-71.9.   Program development
    The Department is designated as such State agency, responsible for developing and coordinating the program. (1973, c. 1447, s. 4.)
  • N.C. Gen. Stat. § 136-71.10.   Duties
    The Department will: (1) Assist and cooperate with local governments and other agencies in the development and construction of local and regional bikeway projects;...
  • N.C. Gen. Stat. § 136-71.11.   Designation of bikeways
    Bikeways may be designated along and upon the public roads. (1973, c. 1447, s. 5.)
  • N.C. Gen. Stat. § 136-71.12.   Funds
    The General Assembly hereby authorizes the Department to include needed funds for the program in its annual budgets for fiscal years after June 30,...
  • N.C. Gen. Stat. § 136-71.13.   Repealed by Session Laws 2011-145, s. 28.17(b), effective July 1, 2011, and Session Laws 2011-266, s. 1.27, effective July 1, 2011

Article 5 - Bridges.

  • N.C. Gen. Stat. § 136-72.   Load limits for bridges; penalty for violations
    The Department of Transportation shall have authority to determine the safe load-carrying capacity for any and all bridges on highways on the State highway...
  • N.C. Gen. Stat. § 136-73 through 136-75.   Repealed by Session Laws 1979, c. 114, s. 1
  • N.C. Gen. Stat. § 136-76.   Repealed by Session Laws 1965, c. 492
  • N.C. Gen. Stat. § 136-76.1.   Bridge replacement program
    (a) The Department of Transportation is hereby directed to replace all bridges on the State highway system containing long through truss spans over 125...
  • N.C. Gen. Stat. § 136-77.   Repealed by Session Laws 1979, c. 114, s. 1
  • N.C. Gen. Stat. § 136-78.   Railroad companies to provide draws
    Railroad companies, erecting bridges across watercourses, shall attach and keep up good and sufficient draws, by which vessels may be allowed conveniently to pass....
  • N.C. Gen. Stat. § 136-79.   Repealed by Session Laws 1965, c. 491
  • N.C. Gen. Stat. § 136-80.   Fastening vessels to bridges misdemeanor
    If any person shall fasten any decked vessel or steamer to any bridge that crosses a navigable stream, he shall be guilty of a...
  • N.C. Gen. Stat. § 136-81.   Department of Transportation may maintain footways
    The Department of Transportation shall have the power to erect and maintain adequate footways over swamps, waters, chasms, gorges, gaps, or in any other...

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

  • N.C. Gen. Stat. § 136-82.   Department of Transportation to establish and maintain ferries
    (a) Powers of Department. - The Department of Transportation is vested with authority to provide for the establishment and maintenance of ferries connecting the...
  • N.C. Gen. Stat. § 136-82.1.   Authority to insure vessels operated by Department of Transportation
    The Department of Transportation is vested with authority to purchase liability insurance, hull insurance, and protection insurance on all vessels and boats owned, leased,...
  • N.C. Gen. Stat. § 136-82.2.   Repealed by Session Laws 2010-133, s. 1, effective December 1, 2010
  • N.C. Gen. Stat. § 136-83.   Repealed by Session Laws 1977, c. 464, s. 22
  • N.C. Gen. Stat. § 136-84 through 136-87.   Repealed by Session Laws 1983, c. 684, s. 1
  • N.C. Gen. Stat. § 136-88.   Authority of county commissioners with regard to ferries and toll bridges; rights and liabilities of owners of ferries or toll bridges not under supervision of Department of Transportation
    Subject to the provisions of G.S. 136-67, 136-99, and 153-198, the boards of commissioners of the several counties are vested, in regard to the...
  • N.C. Gen. Stat. § 136-89.   Safety measures; guard chains or gates
    Each and every person, firm or corporation, owning or operating a public ferry upon any sound, bay, river, creek or other stream, shall have...

Article 6A - Carolina-Virginia Turnpike Authority.

  • N.C. Gen. Stat. § 136-89.1 through 136-89.11H.   Repealed by Session Laws 1959, c. 25, s. 1

Article 6B - Turnpikes.

  • N.C. Gen. Stat. § 136-89.12 through 136-89.30.   Repealed by Session Laws 1959, c. 25, s. 2

Article 6C - State Toll Bridges and Revenue Bonds.

  • N.C. Gen. Stat. § 136-89.31 through 136-89.47.   Repealed by Session Laws 1977, c. 464, s. 22

Article 6D - Controlled-Access Facilities.

  • N.C. Gen. Stat. § 136-89.48.   Declaration of policy
    The General Assembly hereby finds, determines, and declares that this Article is necessary for the immediate preservation of the public peace, health and safety,...
  • N.C. Gen. Stat. § 136-89.49.   Definitions
    When used in this Article: (1) "Department" means the Department of Transportation. (2) "Controlled-access facility" means a State highway, or section of State highway,...
  • N.C. Gen. Stat. § 136-89.50.   Authority to establish controlled-access facilities
    The Department of Transportation may designate, establish, abandon, improve, construct, maintain and regulate controlled-access facilities as a part of the State highway system, National...
  • N.C. Gen. Stat. § 136-89.51.   Design of controlled-access facility
    The Department of Transportation is authorized so to design any controlled-access facility and so to regulate, restrict, or prohibit access as best to serve...
  • N.C. Gen. Stat. § 136-89.52.   Acquisition of property and property rights
    For the purposes of this Article, the Department of Transportation may acquire private or public property and property rights for controlled-access facilities and service...
  • N.C. Gen. Stat. § 136-89.53.   New and existing facilities; grade crossing eliminations
    The Department of Transportation may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or...
  • N.C. Gen. Stat. § 136-89.54.   Authority of local units to consent
    The Department of Transportation, as the highway authority of the State, and the governing body of any county, city or town are authorized, after...
  • N.C. Gen. Stat. § 136-89.55.   Local service roads
    In connection with the development of any controlled-access facility the Department of Transportation is authorized to plan, designate, establish, use, regulate, alter, improve, maintain,...
  • N.C. Gen. Stat. § 136-89.56.   Commercial enterprises
    No commercial enterprises or activities shall be authorized or conducted by the Department of Transportation, or the governing body of any city or town,...
  • N.C. Gen. Stat. § 136-89.57.   Repealed by Session Laws 1965, c. 474, s. 1
  • N.C. Gen. Stat. § 136-89.58.   Unlawful use of National System of Interstate and Defense Highways and other controlled-access facilities
    On those sections of highways which are or become a part of the National System of Interstate and Defense Highways and other controlled-access facilities...
  • N.C. Gen. Stat. § 136-89.59.   Highway rest area refreshments
    All civic, nonprofit, or charitable corporations and organizations are authorized to serve nonalcoholic refreshments to motorists at rest areas and welcome centers located on...
  • N.C. Gen. Stat. § 136-89.59A.   Promotion of North Carolina farm products at rest areas and welcome centers
    Subject to the approval of the Department, the Department of Agriculture and Consumer Services may distribute promotional materials and free samples of North Carolina...

Article 6E - North Carolina Turnpike Authority.

  • N.C. Gen. Stat. § 136-89.77.   Repealed by Session Laws 1965, c. 1077
  • N.C. Gen. Stat. § 136-89.78 through 136-89.158.   Reserved for future codification purposes

Article 6F - North Carolina Bridge Authority.

  • N.C. Gen. Stat. § 136-89.159 through 136-89.170.   Repealed by Session Laws 2006-228, s. 1, effective August 10, 2006

Article 6G - Private Pilot Toll Project.

  • N.C. Gen. Stat. § 136-89.171 through 136-89.179.   Repealed by Session Laws 2006-228, s. 2, effective August 10, 2006

Article 6H - Public Toll Roads and Bridges.

  • N.C. Gen. Stat. § 136-89.180.   Legislative findings
    The General Assembly finds that the existing State road system is becoming increasingly congested and overburdened with traffic in many areas of the State;...
  • N.C. Gen. Stat. § 136-89.181.   Definitions
    The following definitions apply to this Article: (1) Department. - The North Carolina Department of Transportation. (2) Turnpike Authority. - The public agency created...
  • N.C. Gen. Stat. § 136-89.182.   North Carolina Turnpike Authority
    (a) Creation. - There is created a body politic and corporate to be known as the "North Carolina Turnpike Authority". The Authority is constituted...
  • N.C. Gen. Stat. § 136-89.183.   Powers of the Authority
    (a) The Authority shall have all of the powers necessary to execute the provisions of this Article, including the following: (1) The powers of...
  • N.C. Gen. Stat. § 136-89.183A.   Accelerated Pilot Toll Bridge Project
    (a) Findings. - The General Assembly finds that there is a need for a bridge connecting the Currituck County mainland to the Currituck County...
  • N.C. Gen. Stat. § 136-89.183B.   Accelerated Herbert C. Bonner Bridge Replacement Project
    (a) Contract for Accelerated Construction of the Herbert C. Bonner Replacement Bridge Project. - The Department of Transportation shall implement all reasonable measures to...
  • N.C. Gen. Stat. § 136-89.183C.   Accelerated Yadkin River Veterans Memorial Bridge Replacement Project
    (a) Contract for Accelerated Construction of the Yadkin River Veterans Memorial Bridge Replacement Bridge Project. - The Authority shall study, plan, develop, undertake preliminary...
  • N.C. Gen. Stat. § 136-89.184.   Acquisition of real property
    (a) General. - The Authority may acquire public or private real property by purchase, negotiation, gift, or devise, or condemnation that it determines to...
  • N.C. Gen. Stat. § 136-89.185.   Taxation of property of Authority
    Property owned by the Authority is exempt from taxation in accordance with Section 2 of Article V of the North Carolina Constitution. (2002-133, s.
  • N.C. Gen. Stat. § 136-89.186.   Audit
    The operations of the Authority shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the...
  • N.C. Gen. Stat. § 136-89.187.   Conversion of free highways prohibited
    The Authority Board is prohibited from converting any segment of the nontolled State Highway System to a toll facility, except for a segment of...
  • N.C. Gen. Stat. § 136-89.188.   Use of revenues
    (a) Revenues derived from Turnpike Projects authorized under this Article shall be used only for the following: (1) Authority administration costs. (2) Turnpike Project...
  • N.C. Gen. Stat. § 136-89.189.   Turnpike Authority revenue bonds
    The Authority shall be a municipality for purposes of Article 5 of Chapter 159 of the General Statutes, the State and Local Government Revenue...
  • N.C. Gen. Stat. § 136-89.190.   Sale of Turnpike Authority revenue bonds
    Revenue bonds of the Authority issued pursuant to G.S. 136-89.189 and the State and Local Government Revenue Bond Act shall be sold in accordance...
  • N.C. Gen. Stat. § 136-89.191.   Cost participation by Department of Transportation
    The Department of Transportation may participate in the cost of preconstruction activities, construction, maintenance, or operation of a Turnpike Project. (2002-133, s. 1.)
  • N.C. Gen. Stat. § 136-89.192.   Applicability of formula
    Only those funds applied to a Turnpike Project from the State Highway Fund, State Highway Trust Fund, or federal-aid funds that might otherwise be...
  • N.C. Gen. Stat. § 136-89.193.   Annual plan of work; annual and quarterly reports
    (a) Annual Plan of Work. - The Authority shall annually develop a plan of work for the fiscal year, describing the activities and projects...
  • N.C. Gen. Stat. § 136-89.194.   Laws applicable to the Authority; exceptions
    (a) Motor Vehicle Laws. - The Turnpike System shall be considered a "highway" as defined in G.S. 20-4.01(13) and a "public vehicular area" as...
  • N.C. Gen. Stat. § 136-89.195.   Internet report of funds expended
    The Department shall publish and update annually on its Internet web site a record of all expenditures of the Authority for highway construction, maintenance,...
  • N.C. Gen. Stat. § 136-89.196.   Removal of tolls
    The Authority shall, upon fulfillment of and subject to any restrictions included in the agreements entered into by the Authority in connection with the...
  • N.C. Gen. Stat. § 136-89.197.   Maintenance of nontoll routes
    The Department shall maintain an existing, alternate, comparable nontoll route corresponding to each Turnpike Project constructed pursuant to this Article. (2002-133, s. 1.)
  • N.C. Gen. Stat. § 136-89.198.   Authority to toll existing interstate highways
    (a) General. - Notwithstanding any other provision of this Article, the Authority may collect tolls on any existing interstate highway for which the United...
  • N.C. Gen. Stat. § 136-89.199.   Designation of high-occupancy toll and managed lanes
    Notwithstanding any other provision of this Article, the Authority may designate one or more lanes of any highway, or portion thereof, within the State,...
  • N.C. Gen. Stat. § 136-89.200.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.201.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.202.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.203.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.204.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.205.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.206.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.207.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.208.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.209.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.210.   Definitions
    The definitions in G.S. 136-89.181 and the following definitions apply in this Article: (1) Reserved. (2) Open road toll. - A toll payable under...
  • N.C. Gen. Stat. § 136-89.211.   Tolls for use of Turnpike project
    In exercising its authority under G.S. 136-89.183 to set tolls for the use of a Turnpike project, the Authority may not do any of...
  • N.C. Gen. Stat. § 136-89.212.   Payment of toll required for use of Turnpike project
    (a) A motor vehicle that is driven on a Turnpike project is subject to a toll imposed by the Authority for the use of...
  • N.C. Gen. Stat. § 136-89.213.   Administration of tolls and requirements for open road tolls
    (a) Administration. - The Authority is responsible for collecting tolls on Turnpike projects. In exercising its authority under G.S. 136-89.183 to perform or procure...
  • N.C. Gen. Stat. § 136-89.214.   Bill for unpaid open road toll
    (a) Bill. - If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling...
  • N.C. Gen. Stat. § 136-89.215.   Required action upon receiving bill for open road toll and processing fee for unpaid toll
    (a) Action Required. - A person who receives a bill from the Authority for an unpaid open road toll must take one of the...
  • N.C. Gen. Stat. § 136-89.216.   Civil penalty for failure to pay open road toll
    (a) Penalty. - A person who receives two or more bills for unpaid open road tolls and who has not paid the amount due...
  • N.C. Gen. Stat. § 136-89.217.   Vehicle registration renewal blocked for unpaid open road toll
    (a) Registration Block. - Failure of a person to pay an open road toll billed to the person under G.S. 136-89.214, any processing fee...
  • N.C. Gen. Stat. § 136-89.218.   Procedures for contesting liability for unpaid open road toll
    (a) Informal Review. - A person who receives a bill for an unpaid open road toll and who disputes liability for the toll may...
  • N.C. Gen. Stat. § 136-89.219.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-89.220.   Reciprocal toll enforcement agreements
    The Authority may enter into reciprocal agreement with other tolling jurisdictions to enforce toll violations. Such an agreement shall provide that, when another toll...

Article 7 - Miscellaneous Provisions.

  • N.C. Gen. Stat. § 136-90.   Obstructing highways and roads misdemeanor
    If any person shall willfully alter, change or obstruct any highway, cartway, mill road or road leading to and from any church or other...
  • N.C. Gen. Stat. § 136-91.   Placing glass, etc., or injurious obstructions in road
    (a) No person shall throw, place, or deposit any glass or other sharp or cutting substance or any injurious obstruction in or upon any...
  • N.C. Gen. Stat. § 136-92.   Obstructing highway drains prohibited
    It is unlawful to obstruct a drain along or leading from any public road in the State. A person who violates this section is...
  • N.C. Gen. Stat. § 136-92.1.   Exemption from temporary driveway permitting for forestry operations
    Forestry operations and silviculture operations, including the harvesting of timber, and other related management activities that require temporary ingress from a property to State...
  • N.C. Gen. Stat. § 136-93.   Openings, structures, pipes, trees, and issuance of permits
    (a) No opening or other interference whatsoever shall be made in any State road or highway other than streets not maintained by the Department...
  • N.C. Gen. Stat. § 136-93.1.   Express permit review program
    (a) Program Created. - The Department shall develop a fee-supported express permit review program in each highway division. The program is voluntary for permit...
  • N.C. Gen. Stat. § 136-93.2.   Monetary value of trees
    The monetary value for existing trees removed and eligible for reimbursement to the Department as provided in G.S. 136-93 or G.S. 136-133.1 from State...
  • N.C. Gen. Stat. § 136-93.3.   Selective pruning within highway rights-of-way to enable view of agritourism activities
    The Department of Transportation shall adopt rules to authorize selective pruning within highway rights-of-way for vegetation that obstructs motorists' views of properties on which...
  • N.C. Gen. Stat. § 136-94.   Gates projecting over rights-of-way forbidden
    It shall be unlawful for any person, firm or corporation to erect, maintain or operate upon his own land, or the land of another,...
  • N.C. Gen. Stat. § 136-95.   Water must be diverted from public road by ditch or drain
    When any ditch or drain is cut in such a way as to turn water into any public road, the person cutting the ditch...
  • N.C. Gen. Stat. § 136-96.   Road or street not used within 15 years after dedication deemed abandoned; declaration of withdrawal recorded; joint tenants or tenants in common; defunct corporations
    Every strip, piece, or parcel of land which shall have been at any time dedicated to public use as a road, highway, street, avenue,...
  • N.C. Gen. Stat. § 136-96.1.   Special proceeding to declare a right-of-way dedicated to public use
    (a) A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right-of-way dedicated to public use...
  • N.C. Gen. Stat. § 136-96.2.   Withdrawal of public use dedication by property owners associations
    (a) Qualification for Withdrawal of Dedication. - A property owners association that owns subdivision streets or segments of streets may file in the office...
  • N.C. Gen. Stat. § 136-97.   Responsibility of counties for upkeep, etc., terminated
    (a) The board of county commissioners or other road-governing bodies of the various counties in the State are hereby relieved of all responsibility or...
  • N.C. Gen. Stat. § 136-98.   Counties authorized to participate in costs of road construction and maintenance, participation is voluntary
    (a) Repealed by Session Laws 2007-428, s. 4, effective August 23, 2007. (b) Nothing in this Article prohibits counties from establishing service districts for...
  • N.C. Gen. Stat. § 136-99 through 136-101.   Repealed by Session Laws 1971, c. 1106
  • N.C. Gen. Stat. § 136-102.   Billboard obstructing view at entrance to school, church or public institution on public highway
    (a) It shall be unlawful for any person, firm, or corporation to construct or maintain outside the limits of any city or town in...
  • N.C. Gen. Stat. § 136-102.1.   Blue Star Memorial and American Ex-Prisoners of War Highway
    All of the United States Highway #70, wherever located in North Carolina shall be known and designated as the "Blue Star Memorial and American...
  • N.C. Gen. Stat. § 136-102.2.   Authorization required for test drilling or boring upon right-of-way; filing record of results with Department of Transportation
    No person, firm or corporation shall make any test drilling or boring upon the right-of-way of any transportation system, under the jurisdiction of the...
  • N.C. Gen. Stat. § 136-102.3.   Filing record of results of test drilling or boring with Secretary of Administration and Secretary of Environment and Natural Resources
    Any person, firm or corporation making any test drilling or boring upon any public land, owned or controlled by the State of North Carolina[,]...
  • N.C. Gen. Stat. § 136-102.4.   Penalty for violation of 136-102.2 and 136-102.3
    Violation of G.S. 136-102.2 and 136-102.3 shall be a Class 1 misdemeanor. (1967, c. 923, s. 3; 1993, c. 539, s. 995; 1994, Ex....
  • N.C. Gen. Stat. § 136-102.5.   Signs on fishing bridges
    When requested to do so by any county or municipality that has enacted an ordinance under G.S. 153-9(66) and 160-200(47) regulating or prohibiting fishing...
  • N.C. Gen. Stat. § 136-102.6.   Compliance of subdivision streets with minimum standards of the Board of Transportation required of developers
    (a) The owner of a tract or parcel of land which is subdivided from and after October 1, 1975, into two or more lots,...
  • N.C. Gen. Stat. § 136-102.7.   Hurricane evacuation standard
    Evacuation Standard. - The hurricane evacuation standard to be used for any bridge or highway construction project pursuant to this Chapter shall be no...
  • N.C. Gen. Stat. § 136-102.8.   Subdivision streets; traffic calming devices
    The Department shall establish policies and procedures for the installation or utilization of traffic tables or traffic calming devices erected on State-maintained subdivision streets...
  • N.C. Gen. Stat. § 136-102.9.   Use of aircraft managed by the Department of Transportation
    Of the aircraft managed by the Department of Transportation, the use of aircraft for economic development purposes shall take precedence over all other uses...

Article 8 - Citation to Highway Bond Acts.

  • N.C. Gen. Stat. § 136-102.50.   Repealed by Session Laws 1998-98, s. 40

Article 9 - Condemnation.

  • N.C. Gen. Stat. § 136-103.   Institution of action and deposit
    (a) In case condemnation shall become necessary the Department of Transportation shall institute a civil action by filing in the superior court of any...
  • N.C. Gen. Stat. § 136-103.1.   Outside counsel
    The Attorney General is authorized to employ outside counsel as he deems necessary for the purpose of obtaining title abstracts and title certificates for...
  • N.C. Gen. Stat. § 136-104.   Vesting of title and right of possession; recording memorandum or supplemental memorandum of action
    Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of...
  • N.C. Gen. Stat. § 136-105.   Disbursement of deposit; serving copy of disbursing order on Department of Transportation
    The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court,...
  • N.C. Gen. Stat. § 136-106.   Answer, reply and plat
    (a) Any person whose property has been taken by the Department of Transportation by the filing of a complaint and a declaration of taking,...
  • N.C. Gen. Stat. § 136-107.   Time for filing answer
    Any person named in and served with a complaint and declaration of taking shall have 12 months from the date of service thereof to...
  • N.C. Gen. Stat. § 136-108.   Determination of issues other than damages
    After the filing of the plat, the judge, upon motion and 10 days' notice by either the Department of Transportation or the owner, shall,...
  • N.C. Gen. Stat. § 136-109.   Appointment of commissioners
    (a) Upon request of the owner in the answer, or upon motion filed by either the Department of Transportation or the owner within 60...
  • N.C. Gen. Stat. § 136-110.   Parties; orders; continuances
    The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown,...
  • N.C. Gen. Stat. § 136-111.   Remedy where no declaration of taking filed; recording memorandum of action
    Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Department of Transportation...
  • N.C. Gen. Stat. § 136-112.   Measure of damages
    The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages: (1)...
  • N.C. Gen. Stat. § 136-113.   Interest as a part of just compensation
    To said amount awarded as damages by the commissioners or a jury or judge, the judge shall, as a part of just compensation, add...
  • N.C. Gen. Stat. § 136-114.   Additional rules
    In all cases of procedure under this Article where the mode or manner of conducting the action is not expressly provided for in this...
  • N.C. Gen. Stat. § 136-115.   Definitions
    For the purpose of this Article (1) The word "judge" shall mean the resident judge of the superior court in the district where the...
  • N.C. Gen. Stat. § 136-116.   Final judgments
    Final judgments entered in actions instituted under the provisions of this Article shall contain a description of the property affected, together with a description...
  • N.C. Gen. Stat. § 136-117.   Payment of compensation
    If there are adverse and conflicting claimants to the deposit made into the court by the Department of Transportation or the additional amount determined...
  • N.C. Gen. Stat. § 136-118.   Agreements for entry
    The provisions of this Article shall not prevent the Department of Transportation and the owner from entering into a written agreement whereby the owner...
  • N.C. Gen. Stat. § 136-119.   Costs and appeal
    The Department of Transportation shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme...
  • N.C. Gen. Stat. § 136-120.   Entry for surveys
    The Department of Transportation without having filed a complaint and a declaration of taking as provided in this Article is authorized to enter upon...
  • N.C. Gen. Stat. § 136-121.   Refund of deposit
    In the event the amount of the final judgment is less than the amount deposited by the Department of Transportation pursuant to the provisions...
  • N.C. Gen. Stat. § 136-121.1.   Reimbursement of owner for taxes paid on condemned property
    (a) A property owner whose property is totally taken in fee simple by any condemning agency (as defined in G.S. 133-7(1)) exercising the power...

Article 10 - Preservation, etc., of Scenic Beauty of Areas along Highways.

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

Article 10A - Litter Prevention Account.

  • N.C. Gen. Stat. § 136-125.1.   Litter Prevention Account
    There is established under the control and direction of the Department of Transportation the Litter Prevention Account. The Account shall be a nonreverting special...
  • N.C. Gen. Stat. § 136-125.2.   Repealed by Session Laws 2011-145, s. 28.35(a), effective July 1, 2011

Article 11 - Outdoor Advertising Control Act.

  • N.C. Gen. Stat. § 136-126.   Title of Article
    This Article may be cited as the Outdoor Advertising Control Act. (1967, c. 1248, s. 1.)
  • N.C. Gen. Stat. § 136-127.   Declaration of policy
    The General Assembly hereby finds and declares that outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways but...
  • N.C. Gen. Stat. § 136-128.   Definitions
    As used in this Article: (1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way...
  • N.C. Gen. Stat. § 136-129.   Limitations of outdoor advertising devices
    No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway...
  • N.C. Gen. Stat. § 136-129.1.   Limitations of outdoor advertising devices beyond 660 feet
    No outdoor advertising shall be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of the interstate or primary highway...
  • N.C. Gen. Stat. § 136-129.2.   Limitation of outdoor advertising devices adjacent to scenic highways, State and National Parks, historic areas and other places
    (a) In addition to the limitations contained in G.S. 136-129 and G.S. 136-129.1, in order to further the purposes set forth in Article 10...
  • N.C. Gen. Stat. § 136-130.   Regulation of advertising
    The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The erection and maintenance of outdoor...
  • N.C. Gen. Stat. § 136-131.   Removal of existing nonconforming advertising
    The Department of Transportation is authorized to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining thereto which are...
  • N.C. Gen. Stat. § 136-131.1.   (See editor's note for expiration of section) Just compensation required for the removal of billboards on federal-aid primary highways by local authorities
    No municipality, county, local or regional zoning authority, or other political subdivision, shall, without the payment of just compensation in accordance with the provisions...
  • N.C. Gen. Stat. § 136-131.2.   Modernization of outdoor advertising devices
    No municipality, county, local or regional zoning authority, or other political subdivision shall, without the payment of just compensation as provided for in G.S....
  • N.C. Gen. Stat. § 136-132.   Condemnation procedure
    For the purpose of this Article, the Department of Transportation shall use the procedure for condemnation of real property as provided by Article 9...
  • N.C. Gen. Stat. § 136-133.   Permits required
    (a) No person shall erect or maintain any outdoor advertising within 660 feet of the nearest edge of the right-of-way of the interstate or...
  • N.C. Gen. Stat. § 136-133.1.   Outdoor advertising vegetation cutting or removal
    (a) The owner of an outdoor advertising sign permitted under G.S. 136-129(a)(4) [G.S. 136-129(4)] or G.S. 136-129(a)(5) [G.S. 136-129(5)] who obtains a selective vegetation...
  • N.C. Gen. Stat. § 136-133.2.   Issuance or denial of a selective vegetation removal permit
    Except as provided in G.S. 136-133.1(g), permits to remove vegetation may be granted for outdoor advertising locations that have been permitted for at least...
  • N.C. Gen. Stat. § 136-133.3.   Appeals of selective vegetation removal permit decisions
    (a) An applicant for a selective vegetation removal permit issued pursuant to G.S. 136-133.2 may appeal a decision of the Department pertaining to the...
  • N.C. Gen. Stat. § 136-133.4.   Selective vegetation removal permits
    (a) Selected vegetation within the approved limits shall be cut, thinned, pruned, or removed by the permittee or the permittee's agent in accordance with...
  • N.C. Gen. Stat. § 136-133.5.   Denial of a permit for proposed outdoor advertising
    (a) When a district engineer determines that a proposed outdoor advertising structure would not conform to the standards of outdoor advertising as set out...
  • N.C. Gen. Stat. § 136-134.   Illegal advertising
    Any outdoor advertising erected or maintained adjacent to the right-of-way of the interstate or primary highway system after the effective date of this Article...
  • N.C. Gen. Stat. § 136-134.1.   Judicial review
    Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by...
  • N.C. Gen. Stat. § 136-134.2.   Notification requirements
    When the Department of Transportation notifies a permit applicant, permit holder, or the owner of an outdoor advertising structure that the application is denied,...
  • N.C. Gen. Stat. § 136-135.   Enforcement provisions
    Any person, firm, corporation or association, placing, erecting or maintaining outdoor advertising along the interstate system or primary system in violation of this Article...
  • N.C. Gen. Stat. § 136-136.   Zoning changes
    All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any commercial and industrial zones within...
  • N.C. Gen. Stat. § 136-137.   Information directories
    The Department of Transportation is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest...
  • N.C. Gen. Stat. § 136-138.   Agreements with United States authorized
    The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of outdoor advertising in areas adjacent...
  • N.C. Gen. Stat. § 136-139.   Alternate control
    In addition to any other control provided for in this Article, the Department of Transportation may regulate outdoor advertising in accordance with the standards...
  • N.C. Gen. Stat. § 136-140.   Availability of federal aid funds
    The Department of Transportation shall not be required to expend any funds for the regulation of outdoor advertising under this Article, nor shall the...
  • N.C. Gen. Stat. § 136-140.1.   Adopt-A-Highway
    (a) Notwithstanding any other provision of this Article, the Department of Transportation may permit individuals or groups participating in its Adopt-A-Highway Program access to...
  • N.C. Gen. Stat. § 136-140.2.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-140.3.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-140.4.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-140.5.   Reserved for future codification purposes

Article 11A - Exemption and Deferment from Removal of Certain Directional Signs, Displays, and Devices.

  • N.C. Gen. Stat. § 136-140.6.   Declaration of policy
    Notwithstanding any other provision of law, the State of North Carolina hereby finds and declares that the removal of certain directional signs, displays, and...
  • N.C. Gen. Stat. § 136-140.7.   Definitions
    As used in this Article: "Motorist services directional signs" means signs, displays, and devices giving directional information about goods and services in the interest...
  • N.C. Gen. Stat. § 136-140.8.   Exemption procedures
    The North Carolina Department of Transportation shall upon receipt of a declaration, petition, resolution, certified copy of an ordinance, or other clear direction from...
  • N.C. Gen. Stat. § 136-140.9.   Deferment
    The North Carolina Department of Transportation shall adopt programs to assure that removal of directional signs, displays or devices, providing directional information about goods...
  • N.C. Gen. Stat. § 136-140.10 through 136-140.14.   Reserved for future codification purposes

Article 11B - Tourist-Oriented Directional Sign Program.

  • N.C. Gen. Stat. § 136-140.15.   Scope of operations
    (a) Program. - The Department of Transportation shall administer a tourist-oriented directional signs (TODS) program. (b) Definitions. - The following definitions apply in this...
  • N.C. Gen. Stat. § 136-140.16.   Eligibility criteria
    A business or facility is eligible to participate in the TODS program if it meets all of the following conditions: (1) It is open...
  • N.C. Gen. Stat. § 136-140.17.   Terminating participation in program
    A business or facility may terminate its participation in the TODS program at any time. The business or facility is not entitled to a...
  • N.C. Gen. Stat. § 136-140.18.   Temporary modification of TODS panels
    (a) The Department shall allow a participating business or facility to close for remodeling or to repair damage from fire or other natural disaster...
  • N.C. Gen. Stat. § 136-140.19.   Department to adopt rules to implement the TODS program
    The Department shall adopt rules to implement the TODS program created by this Article. The rules shall include all of the following: (1) The...

Article 12 - Junkyard Control Act.

  • N.C. Gen. Stat. § 136-141.   Title of Article
    This Article may be cited as the Junkyard Control Act. (1967, c. 1198, s. 1.)
  • N.C. Gen. Stat. § 136-142.   Declaration of policy
    The General Assembly hereby finds and declares that although junkyards are a legitimate business, the establishment and use and maintenance of junkyards in the...
  • N.C. Gen. Stat. § 136-143.   Definitions
    As used in this Article: (1) The term "automobile graveyard" shall mean any establishment or place of business which is maintained, used, or operated...
  • N.C. Gen. Stat. § 136-144.   Restrictions as to location of junkyards
    No junkyard shall be established, operated or maintained, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of...
  • N.C. Gen. Stat. § 136-145.   Enforcement provisions
    Any person, firm, corporation or association that establishes, operates or maintains a junkyard within 1,000 feet of the nearest edge of the right-of-way of...
  • N.C. Gen. Stat. § 136-146.   Removal of junk from illegal junkyards
    Any junkyard established after the effective date of this Article as determined by G.S. 136-155, in violation of the provisions of this Article or...
  • N.C. Gen. Stat. § 136-147.   Screening of junkyards lawfully in existence
    Any junkyard lawfully in existence on the effective date of this Article as determined by G.S. 136-155 which does not conform to the requirements...
  • N.C. Gen. Stat. § 136-148.   Acquisition of existing junkyards where screening impractical
    (a) In the event that the Department of Transportation shall determine that screening of any existing junkyard designated in G.S. 136-147 hereof would be...
  • N.C. Gen. Stat. § 136-149.   Permit required for junkyards
    No person shall establish, operate or maintain a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way...
  • N.C. Gen. Stat. § 136-149.1.   Judicial review
    Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by...
  • N.C. Gen. Stat. § 136-150.   Condemnation procedure
    The Department of Transportation shall use the condemnation procedure as provided by Article 9 of Chapter 136 of the General Statutes for the purposes...
  • N.C. Gen. Stat. § 136-151.   Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation
    The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The establishment, operation and maintenance of...
  • N.C. Gen. Stat. § 136-152.   Agreements with United States
    The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of junkyards and areas in the...
  • N.C. Gen. Stat. § 136-153.   Zoning changes
    All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any industrial zone within 660 feet...
  • N.C. Gen. Stat. § 136-154.   Alternate control
    In addition to any other provisions of this Article, the Department of Transportation shall have the authority to acquire by purchase, gift, exchange, or...
  • N.C. Gen. Stat. § 136-155.   Availability of federal aid funds
    The Department of Transportation shall not be required to expend any funds for the regulation of junkyards under this Article, nor shall the provisions...

Article 13 - Highway Relocation Assistance Act.

  • N.C. Gen. Stat. § 136-156 through 136-174.   Repealed by Session Laws 1971, c. 1107, s. 2

Article 14 - North Carolina Highway Trust Fund.

  • N.C. Gen. Stat. § 136-175.   Definitions
    The following definitions apply in this Article: (1) Repealed by Session Laws 2013-183, s. 4.7, effective July 1, 2013. (2) Transportation Improvement Program. The...
  • N.C. Gen. Stat. § 136-176.   Creation, revenue sources, and purpose of North Carolina Highway Trust Fund
    (a) A special account, designated the North Carolina Highway Trust Fund, is created within the State treasury. The Trust Fund consists of the following...
  • N.C. Gen. Stat. § 136-177 through 136-180.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-177 through 136-180.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-177 through 136-180.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-177 through 136-180.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-177 through 136-180.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-180.1.   Repealed by Session Laws 2002-126, s. 26.10(b), effective July 1, 2002
  • N.C. Gen. Stat. § 136-181.   Repealed by Session Laws 2013-183, s. 3.2, effective July 1, 2013
  • N.C. Gen. Stat. § 136-182.   Repealed by Session Laws 2013-183, s. 2.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-183.   Repealed by Session Laws 2001-424, s. 27.1
  • N.C. Gen. Stat. § 136-184, 136-185.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-184, 136-185.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-186.   Reserved for future codification purposes

Article 14A - North Carolina Mobility Fund.

  • N.C. Gen. Stat. § 136-187 through 136-189.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-187 through 136-189.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-187 through 136-189.   Repealed by Session Laws 2013-183, s. 4.9, effective July 1, 2013
  • N.C. Gen. Stat. § 136-189.1.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.2.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.3.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.4.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.5.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.6.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.7.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.8.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-189.9.   Reserved for future codification purposes

Article 14B - Strategic Prioritization Funding Plan for Transportation Investments.

  • N.C. Gen. Stat. § 136-189.10.   Definitions
    The following definitions apply in this Article: (1) Distribution Regions. - The following Distribution Regions apply to this Article: a. Distribution Region A consists...
  • N.C. Gen. Stat. § 136-189.11.   Transportation Investment Strategy Formula
    (a) Funds Subject to Formula. - The following sources of funds are subject to this section: (1) Highway Trust Fund funds, in accordance with...

Article 15 - Railroads.

  • N.C. Gen. Stat. § 136-190.   Powers of railroad corporations
    Every railroad corporation shall have power: (1) To Survey and Enter on Land. - To cause such examination and surveys for its proposed railroad...
  • N.C. Gen. Stat. § 136-191.   Intersection with highways
    Whenever the track of a railroad shall cross a highway or turnpike, such highway or turnpike may be carried under or over the track,...
  • N.C. Gen. Stat. § 136-192.   Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor
    (a) Whenever, in their construction, the works of any railroad corporation shall cross established roads or ways, the corporation shall so construct its works...
  • N.C. Gen. Stat. § 136-193.   Joint construction of railroads having same location
    Whenever two railroad companies shall, for a portion of their respective lines, embrace the same location of line, they may by agreement provide for...
  • N.C. Gen. Stat. § 136-194.   Cattle guards and private crossings; failure to erect and maintain misdemeanor
    Every company owning, operating or constructing any railroad passing through and over the enclosed land of any person shall, at its own expense, construct...
  • N.C. Gen. Stat. § 136-195.   To regulate crossings and to abolish grade crossings
    The Department may require the raising or lowering of any tracks or roadway at any grade crossing in a road or street not forming...
  • N.C. Gen. Stat. § 136-196.   Injury to passenger while in prohibited place
    If any passenger on any railroad is injured in any portion of a train where passengers are prohibited by notice conspicuously posted in its...
  • N.C. Gen. Stat. § 136-197.   Ticket may be refused intoxicated person; penalty for prohibited entry
    The ticket agent of a passenger train shall at all times have the power to refuse to sell a ticket to a person wanting...
  • N.C. Gen. Stat. § 136-198.   Passenger refusing to pay fare or violating rules may be ejected
    If a passenger shall refuse to pay the fare, be or become intoxicated, or violate the rules of a passenger train, it shall be...
  • N.C. Gen. Stat. § 136-199.   Reserved for future codification purposes

Article 16 - Planning.

  • N.C. Gen. Stat. § 136-200.   Definitions
    As used in this Article: (1) "Conformity" means the extent to which transportation plans, programs, and projects conform to federal air quality requirements as...
  • N.C. Gen. Stat. § 136-200.1.   Metropolitan planning organizations recognized
    Metropolitan planning organizations established pursuant to the provisions of 23 U.S.C. 134 are hereby recognized under the law of the State. Metropolitan planning organizations...
  • N.C. Gen. Stat. § 136-200.2.   Decennial review of metropolitan planning organization boundaries, structure, and governance
    (a) Evaluation. - Following each decennial census, and more frequently if requested by an individual metropolitan planning organization, the Governor and the Secretary of...
  • N.C. Gen. Stat. § 136-200.3.   Additional provisions applicable to consolidated metropolitan planning organizations
    (a) Limit on Basis for Project Objection. - Beginning with the 2004 State Transportation Improvement Program, neither the State nor a consolidated metropolitan planning...
  • N.C. Gen. Stat. § 136-200.4.   Additional requirements for metropolitan planning organizations located in nonattainment areas
    (a) Consultation and Single Conformity Plan Required. - When an area of the State is designated as non-attainment under the federal Clean Air Act...
  • N.C. Gen. Stat. § 136-200.5.   Matching funds for Metropolitan Planning Organizations located in nonattainment areas or maintenance areas
    (a) Application. - The lead planning agency for any Metropolitan Planning Organization located in an area designated as a nonattainment or maintenance area under...
  • N.C. Gen. Stat. § 136-200.6.   Funds for local transportation planning efforts in areas designated nonattainment areas or maintenance areas
    (a) Application. - A regional transportation planning agency in an area designated as a nonattainment or maintenance area under the federal Clean Air Act...
  • N.C. Gen. Stat. § 136-201.   Plan for intermodal interface
    When planning a regionally significant transportation project, the Department shall consider design alternatives that will facilitate the cost-effective interface of the project with other...
  • N.C. Gen. Stat. § 136-202.   Metropolitan planning organizations
    (a) Each Metropolitan Planning Organization shall base all transportation plans, metropolitan transportation improvement programs, and conformity determinations on the most recently completed regional travel...
  • N.C. Gen. Stat. § 136-203.   Repealed by Session Laws 2002-148, s. 1, effective October 9, 2002
  • N.C. Gen. Stat. § 136-204 through 136-209.   Reserved for future codification purposes

Article 17 - Rural Transportation Planning Organizations.

  • N.C. Gen. Stat. § 136-210.   Definitions
    As used in this Article, "Rural Transportation Planning Organization" means a voluntary organization of local elected officials or their designees and representatives of local...
  • N.C. Gen. Stat. § 136-211.   Department authorized to establish Rural Transportation Planning Organizations
    (a) Authorization. - The Department of Transportation is authorized to form Rural Transportation Planning Organizations. (b) Area Represented. - Rural Transportation Planning Organizations shall...
  • N.C. Gen. Stat. § 136-212.   Duties of Rural Transportation Planning Organizations
    The duties of a Rural Transportation Planning Organization shall include, but not be limited to: (1) Developing, in cooperation with the Department, long-range local...
  • N.C. Gen. Stat. § 136-213.   Administration and staff
    (a) Administrative Entity. - Each Rural Transportation Planning Organization, working in cooperation with the Department, shall select an appropriate administrative entity for the organization....
  • N.C. Gen. Stat. § 136-214.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-215.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-216.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-217.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-218.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-219.   Reserved for future codification purposes

Article 18 - Virginia North Carolina Interstate High Speed Rail Compact.

  • N.C. Gen. Stat. § 136-220.   Compact established
    Pursuant to the invitation in 49 U.S.C. 24101 (Interstate Compacts), in which the United States Congress grants consent to states with an interest in...
  • N.C. Gen. Stat. § 136-221.   Agreement
    The Commonwealth of Virginia and the State of North Carolina agree, upon adoption of this compact: (1) To study, develop, and promote a plan...
  • N.C. Gen. Stat. § 136-222.   Commission established; appointment and terms of members; chairman; reports; commission funds; staff
    (a) Commission established. - The Virginia-North Carolina High-Speed Rail Compact Commission is hereby established as a regional instrumentality and a common agency of each...
  • N.C. Gen. Stat. § 136-223 through 136-249.   Reserved for future codification purposes

Article 19 - Congestion Relief and Intermodal 21st Century Transportation Fund.

  • N.C. Gen. Stat. § 136-250.   Congestion Relief and Intermodal Transportation 21st Century Fund
    There is established in the State treasury the Congestion Relief and Intermodal Transportation 21 st Century Fund, hereinafter referred to as the Fund. The...
  • N.C. Gen. Stat. § 136-251.   Findings of fact
    The General Assembly finds that: (1) Increased use of rail for transport of freight will reduce highway congestion as well as allow economic expansion...
  • N.C. Gen. Stat. § 136-252.   Grants to local governments and transportation authorities
    (a) Eligible Entities. - The following entities are eligible to receive grants under this section from the Fund for public transportation purposes, which includes...
  • N.C. Gen. Stat. § 136-253.   Grants to other units
    (a) Eligible Entities; Purposes. - State agencies and railroads are eligible to receive grants under this section from the Fund for any of the...
  • N.C. Gen. Stat. § 136-254.   Grant approval
    All grants made under this Article are subject to approval of the Secretary of Transportation after consultation with the Board of Transportation. The Fund...
  • N.C. Gen. Stat. § 136-255.   Expenditure
    No monies shall be expended from the Fund until appropriated by the General Assembly. (2009-527, s. 1.)
  • N.C. Gen. Stat. § 136-256.   Funds remain available until expended
    Appropriations to the Fund remain available until expended. (2009-527, s. 1.)
  • N.C. Gen. Stat. § 136-257.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-258.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 136-259.   Reserved for future codification purposes

Article 20 - North Carolina State Ports Authority.

  • N.C. Gen. Stat. § 136-260.   Creation of Authority - membership; appointment, terms and vacancies; officers; meetings and quorum; compensation
    (a) The North Carolina State Ports Authority is hereby created within the Department of Transportation and shall be subject to and under the direct...
  • N.C. Gen. Stat. § 136-261.   Purposes of Authority
    Through the Authority hereinbefore created, the State of North Carolina may engage in promoting, developing, constructing, equipping, maintaining and operating the harbors and seaports...
  • N.C. Gen. Stat. § 136-262.   Powers of Authority
    (a) In order to enable it to carry out the purposes of this Article, the said Authority shall: (1) Have the powers of a...
  • N.C. Gen. Stat. § 136-263.   Container shipping
    The State Ports Authority shall provide at the ports of Morehead City and Wilmington adequate equipment and facilities including container cranes at each port...
  • N.C. Gen. Stat. § 136-264.   Approval of acquisition and disposition of real property
    Any transactions relating to the acquisition or disposition of real property or any estate or interest in real property, by the North Carolina State...
  • N.C. Gen. Stat. § 136-265.   Issuance of bonds and notes
    (a) As a means of raising the funds needed from time to time in the acquisition, construction, equipment, maintenance or operation of any facility,...
  • N.C. Gen. Stat. § 136-266.   Bonds and notes for special user projects
    (a) The Authority is also hereby authorized, subject to the provisions of this section, to issue, at one time or from time to time,...
  • N.C. Gen. Stat. § 136-267.   Power of eminent domain
    For the acquiring of rights-of-way and property necessary for the construction of structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships,...
  • N.C. Gen. Stat. § 136-268.   Exchange of property; removal of buildings, etc
    The Authority may exchange any property or properties acquired under the authority of this Chapter for other property, or properties usable in carrying out...
  • N.C. Gen. Stat. § 136-269.   Jurisdiction of the Authority; application of Chapter 20; appointment and authority of special police
    (a) The jurisdiction of the Authority in any of said harbors or seaports within the State shall extend to all properties owned by or...
  • N.C. Gen. Stat. § 136-270.   Treasurer of the Authority
    The Authority shall select its own treasurer. The Authority shall require a surety bond of such appointee in such amount as the Authority may...
  • N.C. Gen. Stat. § 136-271.   Deposit and disbursement of funds
    All Authority funds shall be deposited in a bank or banks to be designated by the Authority. Funds of the Authority shall be paid...
  • N.C. Gen. Stat. § 136-272.   Audit
    The operations of the State Ports Authority shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147...
  • N.C. Gen. Stat. § 136-273.   Purchase of supplies, material and equipment and building contracts
    (a) All of the provisions of Article 3 of Chapter 143 of the General Statutes relating to the purchase of supplies, material and equipment...
  • N.C. Gen. Stat. § 136-274.   Liberal construction of Article
    It is intended that the provisions of this Article shall be liberally construed to accomplish the purposes provided for, or intended to be provided...
  • N.C. Gen. Stat. § 136-275.   Warehouses, wharves, etc., on property abutting navigable waters
    The powers, authority and jurisdiction granted to the North Carolina State Ports Authority under this Article and Chapter shall not be construed so as...

Last modified: March 23, 2014