North Carolina Administrative Code

SUBCHAPTER 1C - ADMINISTRATIVE HEARING PROCEDURE SECTION .0100 - GENERAL PROVISIONS 19A NCAC 01C .0101 PROCEDURAL REQUIREMENTS History Note: Authority G.S. 20-1; 136-18(5); 143B-346; 143B-350(f), (g); 150A-1; 150A-23; Resolutions of the Board of Transportation of November 7, 1975…

19A NCAC 01C .0102 GENERAL PROCEDURE This Subchapter is to be read and applied in conjunction with the applicable statutes of the Administrative Procedure Act, but will not apply to the extent that any statute makes provisions to the contrary. Note: The department is subject to t…

SECTION .0200 - INITIATING ADMINISTRATIVE HEARING 19A NCAC 01C .0201 INFORMAL NEGOTIATIONS History Note: Authority G.S. 136-29; 143B-10(j); 143B-350; 150B-1(e)(8); 150B-22; Eff. July 1, 1978; Amended Eff. November 1, 1993; Repealed Eff. March 1, 2013.

19A NCAC 01C .0209 OFFICIAL RECORD A copy of the official record as required by Article 3 of the Administrative Procedure Act shall be on file with: Secretary, Department of Transportation Highway Building 1 South Wilmington Street P.O. Box 25201 Raleigh, North Carolina 27611 His…

CHAPTER 2 - DIVISION OF HIGHWAYS SUBCHAPTER 2A - GENERAL ADMINISTRATION SECTION .0100 – CHIEF Engineer 19A NCAC 02A .0101 GENERAL RESPONSIBILITIES History Note: Authority G.S. 136-4; 143B-10; Eff. July 1, 1978; Repealed Eff. December 1, 1993.

19A NCAC 02A .0102 DUTIES OF Chief Engineer The duties and responsibilities of the Chief Engineer conferred by law and delegated or prescribed by the Secretary or Board of Transportation include: (1) recommend ordinances based upon engineering studies of the Traffic Engineering B…

SECTION .0200 - LEASE OR RENTAL OF PROPERTY 19A NCAC 02A .0201 STATE HIGHWAY ADMINISTRATOR'S AUTHORITY History Note: Authority G.S. 146-32(2); 143B-350(f); 143B-350(g); Authority Council of State Resolution of August 9, 1972; Eff. July 1, 1978; Repealed Eff. January 1, 1994 pursu…

19A NCAC 02A .0202 FISCAL SECTION'S RESPONSIBILITY History Note: Authority G.S. 146-25.1; 146-27; 146-32(2); 143B-350(f); 143B-350(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02B .0109 ACQUISITION OTHER THAN UNIMPROVED STATE SECONDARY ROADS History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02B .0110 PROPERTY OWNER'S APPRAISALS History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0111 NEGOTIATION BY CORRESPONDENCE History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02B .0114 NEGOTIATION WITH DEPARTMENT OF TRANSPORTATION EMPLOYEES When acquiring right of way from Department of Transportation employees performing highway functions: (1) The appraisal of any property having damages in excess of two thousand five hundred dollars ($2,500…

19A NCAC 02B .0119 NEGOTIATION WITH MUNICIPALITIES AND MUNICIPAL AGREEMENTS History Note: Authority G.S. 136-18(2); 136-19; 136-66.3; 143B-24; 143B-350(f),(g); Eff. July 1, 1978; Transferred and Recodified to 19A NCAC 2B .0315 Eff. October 1, 1993.

19A NCAC 02B .0122 DISPOSITION OF IMPROVEMENTS PURCHASED BY THE BOARD History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02B .0123 SECONDARY ROAD RIGHT OF WAY History Note: Authority G.S. 136-18(2); 136-18(26); 136-29; 136-44.7; Eff. July 1, 1978; Amended Eff. November 1, 1991; Repealed Eff. October 1, 1993.

19A NCAC 02B .0124 PERSONAL PROPERTY NOT TO BE ACQUIRED History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Transferred and Recodified to 19A NCAC 2B .0316 Eff. October 1, 1993.

19A NCAC 02B .0129 NO OBLIGATION OTHER THAN IN AGREEMENT WILL BE RECOGNIZED History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Amended Eff. October 1, 1993; November 1, 1991; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0130 CONSTRUCTION OUTSIDE THE RIGHT OF WAY History Note: Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0131 CONDITIONS PRECEDENT TO CONDEMNATION Condemnation will not be instituted until the property owner has been made an offer of settlement and has been allowed a period of two weeks in which to consider the offer. The waiting period may be waived in those instances…

19A NCAC 02B .0132 NOTICE TO OWNER OF INTENT TO CONDEMN The Right of Way agent shall mail to the property owner a letter advising him of Department of Transportation intent to proceed with condemnation. The letter shall specify the amount of the offer and give the property owner …

19A NCAC 02B .0133 NOTICE TO DISPLACEES TO VACATE Written notice of when to vacate will be given to all parties owning personal property located within the taking. This notification will be given to owners, and tenants when persons are lawfully occupying real property as a home, …

19A NCAC 02B .0138 DISPOSITION OF IMPROVEMENTS All improvements that are acquired in connection with the right of way are to be disposed of by one of the following methods: (1) resold to the property owner for the retention value placed upon the improvement by the appraisal, (2) …

19A NCAC 02B .0139 PUBLIC SALE OF IMPROVEMENTS (a) Improvements acquired by the Department of Transportation that are not resold to the property owner may be disposed of by a public sale. Sales shall be by means of sealed bids or auction sale. (b) If no bids are received for the …

19A NCAC 02B .0140 PUBLIC SALE OF IMPROVEMENTS WITH LAND RESIDUE History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0141 DISPOSITION OF IMPROVEMENTS BY MOVING CONTRACT The Department of Transportation will not enter into agreements with property owners to move buildings from the right of way except where a contractual obligation exists under a previous agreement with the property…

19A NCAC 02B .0142 REMOVAL OF GRAVES OR CEMETERIES (a) If it is necessary to remove a cemetery or graves from the limits of highway right of way, the preferred procedure to follow is by consent of the next of kin. Since all work pertaining to the removal of graves shall be under …

19A NCAC 02B .0143 THE SALE OF SURPLUS LANDS History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A; Eff. July 1, 1978; Amended Eff. November 1, 1993; October 1, 1991; February 1, 1988; November 1, 1982; Repealed Eff. February 1, 2019.

19A NCAC 02B .0144 SALES OF SURPLUS LANDS History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); Eff. July 1, 1978; Amended Eff. October 1, 1991; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0145 COPIES OF FORMS History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A; Eff. July 1, 1978; Amended Eff. November 1, 1991; Repealed Eff. February 1, 2019.

19A NCAC 02B .0146 RELOCATION ASSISTANCE MANUAL History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed Eff. April 23, 1981; Authority G.S. 133-6; 133-14; 150A-63(c); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Eff. April 3, 198…

19A NCAC 02B .0147 OBTAINING COPIES History Note: Authority G.S. 136-6; 150A-62; Eff. July 1, 1978; Repealed Eff. April 3, 1981.

19A NCAC 02B .0148 UTILITY ENCROACHMENTS History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed Eff. April 23, 1981; Authority G.S. 136-18(1); 136-93; 150A-63(c); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Eff. April 3, 1981.

19A NCAC 02B .0149 OBTAINING COPIES History Note: Authority G.S. 150A-62; Eff. July 1, 1978; Repealed Eff. April 3, 1981.

19A NCAC 02B .0150 Railroad right of way definitions The following definitions apply to Rules .0150 through .0158 of this Subchapter. (1) "At-grade crossing" means an intersection where roadways and railroads join or cross at the same level. (2) "Closed crossing" means a location…

19A NCAC 02B .0151 RAILROAD GRADE CROSSING SIGNS AND SIGNALS History Note: Authority G.S. 136-18(5); 136-18(11); 136-20; Eff. July 1, 1978; Amended Eff. November 1, 1991; Repealed Eff. November 1, 1993.

19A NCAC 02B .0152 SIGNALIZATION OF EXISTING GRADE CROSSING History Note: Authority G.S. 136-18(5); 136-18(11); 136-20; 150B-21.3A; Eff. July 1, 1978; Amended Eff. December 1, 1993; Repealed Eff. June 1, 2019.

19A NCAC 02B .0153 NEW at-grade CROSSING (a) It shall be unlawful to construct a railroad track across any portion of the State highway system without the Secretary of Transportation or the Secretary's designee providing a written statement of approval. The Secretary or designee'…

19A NCAC 02B .0154 RAILROAD SEPARATION STRUCTURES (a) Whenever any highway project provides for the construction of a separation structure over or under the railroad, the Department shall construct the separation structure to provide for an additional track upon the request of th…

19A NCAC 02B .0155 Existing At-grade crossing (a) If the construction, reconstruction, or maintenance of an existing at-grade crossing causes any road, street, or highway forming a part of the State highway system to cross or intersect any railroad, including an industrial siding…

19A NCAC 02B .0156 PAVING OF ROADWAY SURFACE CROSSING RAILROAD TRACKS When any road, street or highway forming a link in the State highway system is being surfaced or resurfaced, the Department of Transportation shall, pave the roadway surface across the crossing upon request by …

19A NCAC 02B .0157 COST OF CHANGING ELEVATION OF RAILROAD FACILITIES When the grade of any road, street, or highway requires a change in the elevation of the railroad's tracks or facilities, except those changes required by surfacing or resurfacing, the Department shall pay for t…

19A NCAC 02B .0158 CHANGING GRADE OF ROAD WHEN GRADE OF RR TRACKS IS CHANGED When any railroad changes the grades of its tracks where the tracks cross or intersect any road, street, or highway of the State highway system, the railroad shall be responsible for adjusting, at its ow…

19A NCAC 02B .0161 BICYCLE TRAILS History Note: Authority G.S. 136-71.9; 136-71.10; Eff. July 1, 1978; Amended Eff. October 1, 1993; Transferred and Recodified to 19A NCAC 2E .0427 Eff. October 1, 1993.

19A NCAC 02B .0162 DELEGATION TO DIRECTOR OF PLANNING AND PROGRAMMING History Note: Authority G.S. 143B-350; Eff. March 1, 1989; Amended Eff. October 1, 1993; Repealed Eff. December 1, 1993.

19A NCAC 02B .0163 IMPLEMENTATION OF ROADWAY CORRIDOR OFFICIAL MAPS History Note: Authority G.S. 136-33.53; 136-44.50; 136-44.51; 136-44.52; Eff. October 1, 1991; Transferred and Recodified to 19A NCAC 2B .0317 Eff. October 1, 1993.

19A NCAC 02B .0164 USE OF RIGHT OF WAY CONSULTANTS (a) Introduction and purpose. The North Carolina Department of Transportation maintains a staff capable of performing the normal workload for most of the functions required for the acquisition of rights of way for our highway sys…

19A NCAC 02B .0165 ASBESTOS CONTRACTS WITH PRIVATE FIRMS (a) The North Carolina Department of Transportation maintains a staff capable of performing the normal workload for most of the functions required for the acquisition of rights of way for our highway systems. However, it is…

SECTION .0200 - TRAFFIC ENGINEERING 19A NCAC 02B .0201 DELEGATION BY STATE HIGHWAY ADMINISTRATOR History Note: Authority G.S. 136-18(5); 136-30; 136-44.1; 136-54; 136-89.53; Eff. January 1, 1986; Amended Eff. October 1, 1993; October 1, 1991; Repealed Eff. December 29, 1993.

19A NCAC 02B .0202 DEFINITIONS History Note: Authority G.S. 136-18; 136-20; 136-45; 136-66.1; 150B-21.3A; Eff. July 1, 1978; Amended Eff. November 1, 1992; Repealed Eff. February 1, 2019.

19A NCAC 02B .0203 RESPONSIBILITY FOR TRAFFIC CONTROL DEVICES History Note: Authority G.S. 20-158; 20-158.1; 20-169; 136-18; 136-30; Eff. July 1, 1978; Amended Eff. November 1, 1993; November 1, 1991; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.