North Carolina Administrative Code

19A NCAC 02B .0204 TRAFFIC SIGNAL SPECIFICATIONS History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed Eff. April 23, 1981; Authority G.S. 136-18(1); 136-44.1; 136-45; 150A-63(c); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Ef…

19A NCAC 02B .0205 NORTH CAROLINA SIGN SUPPLEMENT History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed Eff. April 23, 1981; Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Ef…

19A NCAC 02B .0206 NC CONSTRUCTION AND MAINTENANCE OPERATIONS SUPPLEMENT History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed Eff. April 23, 1981; Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c); Eff. July 1, 1978; Amended Eff. Apri…

19A NCAC 02B .0207 NORTH CAROLINA SIGNAL SUPPLEMENT History Note: Legislative Objection Lodged Eff. August 19, 1980; Legislative Objection Removed April 23, 1981; Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Eff. …

19A NCAC 02B .0208 UNIFORM TRAFFIC CONTROL DEVICES History Note: Authority G.S. 20-158; 20-169; 136-18(5); 136-30; 150B-21.3A; Eff. July 1, 1978; Amended Eff. October 1, 1993; October 1, 1991; January 1, 1986; April 3, 1981; Repealed Eff. February 1, 2019.

19A NCAC 02B .0212 PARKING SIGNS (a) No Parking Signs (State Highway System). Where parking is prohibited by either Department of Transportation or municipal ordinance, the installation and maintenance of appropriate No Parking signs is the responsibility of the Department of Tra…

19A NCAC 02B .0213 TRUCK ROUTE DESIGNATION (a) Municipal governments have the authority to establish by ordinance truck routes on the state highway system within their corporate limits. Such truck routes must have approval of the Department of Transportation. (b) The Department o…

19A NCAC 02B .0214 BUSINESS AND BYPASS ROUTE DESIGNATIONS History Note: Authority G.S. 136-18(5); 136-30; Eff. July 1, 1978; Repealed Eff. April 11, 1980.

19A NCAC 02B .0215 SHOPPING CENTER SIGNS History Note: Authority G.S. 136-18(5); 136-30; Eff. July 1, 1978; Amended Eff. October 1, 1993; August 1, 1984; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0216 STREET NAME SIGNS (a) Street name signs are the sole responsibility of the municipality. If such signs are installed on the state highway system rights-of-way they must be in conformance with the "Manual on Uniform Traffic Control Devices" and may not be erecte…

19A NCAC 02B .0219 FIRE STATION WARNING SIGN History Note: Authority G.S. 136-18(5); 136-30; Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0226 TEMPORARY SIGNS FOR SPECIAL EVENTS History Note: Authority G.S. 136-18(5); 136-30; Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0227 COMMUNITY WATCH SIGNS History Note: Authority G.S. 136-32; Eff. July 1, 1978; Amended Eff. October 1, 1993; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0228 TRAFFIC SIGNALS - GENERAL History Note: Authority G.S. 20-158; 20-169; 136-18(5); Eff. July 1, 1978; Amended Eff. April 3, 1981; Repealed Eff. October 1, 1993.

19A NCAC 02B .0229 SIGNAL EQUIPMENT (STATE MUNICIPAL SYSTEM) The Department of Transportation reserves the right to select the most economical equipment and materials to do a specific job. If the municipality desires to use different or more costly equipment and materials, the mu…

19A NCAC 02B .0230 PEDESTRIAN ACTUATED SIGNALS (STATE MUNICIPAL SYSTEM) History Note: Authority G.S. 20-172; 136-66.1; Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0231 FIRE ZONE (STATION) SIGNALS (STATE MUNICIPAL SYSTEM) Special signal equipment used at or adjacent to fire stations (including preemption equipment) shall be paid for by the municipality out of its own funds and must be of a design acceptable to and approved by …

19A NCAC 02B .0232 SCHOOL FLASHERS (STATE MUNICIPAL SYSTEM) Standard signing and marking for school zones is the responsibility of the Department of Transportation. If a traffic and engineering investigation conducted by the Department of Transportation shows that there are hazar…

19A NCAC 02B .0233 UPGRADING EXISTING SIGNALS (STATE MUNICIPAL SYSTEM) The cost for upgrading existing traffic signals and flashers on the state highway system is the responsibility of the Department of Transportation. The existing equipment being replaced shall become the proper…

19A NCAC 02B .0234 AUTHORITY FOR TRAFFIC ORDINANCES History Note: Authority G.S. 20-116; 20-141; 20-158; 10-158.1; 20-161; 20-165.1; 136-18(5); 136-18(19); 136-30 to 31; 136-33.2; 136-89.50; 136-102.5; 143B-350(f),(g); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02B .0235 CUSTODIAN AND LOCATION OF TRAFFIC ORDINANCES History Note: Authority G.S. 136-18(5); 150A-63(c); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02B .0238 MANUAL ON DRIVEWAY ENTRANCE REGULATIONS 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 Ef…

19A NCAC 02B .0239 OBTAINING COPIES History Note: Authority G.S. 136-18(10); 136-93; 150A-62; Eff. July 1, 1978; Repealed Eff. April 3, 1981.

19A NCAC 02B .0240 CHANNELIZATION FOR ENTRANCES AND EXITS TO PROPERTY History Note: Authority G.S. 136-18(5); Eff. July 1, 1978; Repealed Eff. February 1, 2019.

19A NCAC 02B .0241 PLACEMENT OF HISTORICAL MARKERS IN ROW History Note: Authority G.S. 136-18(10); 136-42.2; 136-42.3; 136-129; Eff. July 1, 1978; Amended Eff. December 1, 2012; April 11, 1980; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0242 NC ROUTE NUMBERS (a) The Department of Transportation has full responsibility for establishing NC routes. Normally this relates to removing a road from the secondary road system and placing it on the primary road system. (b) NC numbered routes shall have number…

19A NCAC 02B .0243 RAILROAD GRADE CROSSING SIGNS, SIGNALS, AND GATES (a) When the Department of Transportation directs a railroad to protect its grade crossings by the erection of electric signals or other safety devices, the railroad so directed shall erect such electric signals…

19A NCAC 02B .0303 NC ROUTE NUMBERS History Note: Authority G.S. 136-18(5); 136-30; Eff. July 1, 1978; Amended Eff. July 26, 1993; Transferred and recodified to 19A NCAC 02B .0242 Eff. March 4, 1998.

19A NCAC 02B .0304 SECONDARY ROAD NUMBERS (a) All secondary roads which are a part of the Highway System will carry a number beginning at 1000. (b) Secondary road numbers 1000 to 1099 are developed for the principal routes within a county. (c) Wherever possible these numbers are …

19A NCAC 02B .0305 SOURCE AND PURPOSE - POWELL BILL Annually the North Carolina Department of Transportation shall pay state street aid allocations from the State Highway Fund to eligible and qualifying municipalities for the maintenance, construction and reconstruction of local …

19A NCAC 02B .0306 ESTABLISHING ELIGIBILITY - POWELL BILL Annually as of July 1, each participating municipality shall establish its eligibility for an allocation. Towns incorporated prior to January 1, 1945, must submit a certified statement which provides information on the mun…

19A NCAC 02B .0309 SOURCE AND PURPOSE - PL (METROPOLITAN PLANNING) FUNDS The North Carolina Department of Transportation is responsible for administering the Metropolitan Planning Funds (PL) established by the 1973 Federal-Aid Highway Act. These funds are for the purpose of carry…

19A NCAC 02B .0310 RECIPIENTS OF FUNDS - PL (METROPOLITAN PLANNING) FUNDS Metropolitan Planning Funds appropriated to the state shall be allocated to the organization recognized by the Governor, through an official designation, as having accepted responsibility for transportation…

19A NCAC 02B .0311 ALLOCATION OF FUNDS - PL (METROPOLITAN PLANNING) FUNDS Metropolitan Planning Funds shall be allocated to the designated organizations by formula developed by the state and approved by the Federal Highway and Urban Mass Transportation Administrators. North Carol…

19A NCAC 02B .0312 MATCHING - PL (METROPOLITAN PLANNING) FUNDS The federal share payable on account of work performed using PL (Metropolitan Planning) Funds shall be 80 percent. The remaining 20 percent is local money provided by the urbanized area. History Note: Authority 23 U.S…

19A NCAC 02B .0313 PROGRAMMING - PL (METROPOLITAN PLANNING) FUNDS The expenditure of PL Funds by each organization shall be supported by a planning work program setting forth the transportation planning work to be undertaken. Approval of the program by the Department of Transport…

19A NCAC 02B .0314 ADMINISTRATIVE AGREEMENT - PL (METROPOLITAN PLANNING) FUNDS Administration of PL Funds shall be pursuant to an agreement between the Department of Transportation and the planning organization. As a minimum, the agreement shall identify the parties involved; spe…

19A NCAC 02B .0315 NEGOTIATION WITH MUNICIPALITIES AND MUNICIPAL AGREEMENTS Transportation projects within municipalities shall be constructed in accordance with a municipal agreement that is executed by the municipality and the Board when the construction includes any financial …

19A NCAC 02B .0316 PERSONAL PROPERTY NOT TO BE ACQUIRED History Note: Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A; Eff. July 1, 1978; Transferred and Recodified from 19A NCAC 2B .0124 Eff. October 1, 1993; Repealed Eff. February 1, 2019.

19A NCAC 02B .0317 IMPLEMENTATION OF ROADWAY CORRIDOR OFFICIAL MAPS (a) A roadway corridor official map, hereinafter referred to as "official map," is defined as a map, drawing or written description of a planned roadway alignment, with approximations of future right of way bound…

19A NCAC 02B .0432 RELOCATION ASSISTANCE The Department of Transportation incorporates by reference 49 CFR Subpart 24 and 23 CFR Subpart C, Section 710.313, including subsequent amendments and editions. Copies are available for inspection at no cost to the public, from the Right …

19A NCAC 02B .0433 APPLICABILITY The rules in this Section shall apply to all federal and State Highway projects, except State secondary road projects. History Note: Authority G.S. 133-6; 133-14; 143B-350; Eff. October 1, 1993; Readopted Eff. February 1, 2019.

SECTION .0500 - UTILITY ENCROACHMENTS 19A NCAC 02B .0501 DEFINITIONS The following definitions apply to rules contained in this Section: (1) "Agreement" means a properly executed document granting permission for a utility encroachment on the highway right-of-way and stipulating a…

19A NCAC 02B .0502 PERMISSION REQUIRED FOR ENCROACHMENT (a) No utility shall cross or otherwise occupy rights-of-way of any road on the State Highway System without written permission from the Department of Transportation. (b) No utility which has been placed on the right-of-way …

19A NCAC 02B .0503 APPLICATION FOR UTILITY ENCROACHMENTS The applicant for a utility encroachment agreement shall prepare four copies of the standard encroachment agreement on forms which are available from Division and District Engineers Offices or from the State Utility Agent, …

19A NCAC 02B .0504 APPROVAL OF UTILITY ENCROACHMENT Approval of utility encroachments shall be granted by the responsible Division Engineer. History Note: Authority G.S. 136-18(5); 136-18(10); 136-93; Eff. April 3, 1981; Amended Eff. October 1, 1993; Pursuant to G.S. 150B-21.3A, …

19A NCAC 02B .0505 FORMS OF ENCROACHMENT AGREEMENT History Note: Authority G.S. 136-18(5); 136-18(10); 136-93; Eff. April 3, 1981; Repealed Eff. December 29, 1993.

19A NCAC 02B .0506 RESPONSIBILITY FOR EXISTING UTILITIES (a) The applicant shall be responsible for determining what, if any, facilities of other utilities are in existence in the encroachment area. Plans attached to encroachment agreements shall show, as nearly as possible, the …

19A NCAC 02B .0507 EXECUTION OF UTILITY AGREEMENT (a) This Rule specifies the attestation requirements for utility encroachment agreements between the Department and external parties. All applicable rules regarding utility encroachment agreements may be found in this Section. (b)…

19A NCAC 02B .0508 BOND MAY BE REQUIRED If deemed necessary by the Division Engineer, the applicant requesting encroachment permission shall post a performance bond (surety bond, certified or cashier's check) adequate to idemnify the Department for damages to the roadway or highw…