North Carolina Administrative Code

19A NCAC 02B .0509 AGREEMENTS DURING CONSTRUCTION (a) After a highway construction project has been let to contract, the applicant must make satisfactory arrangements with the highway contractor, to insure that the encroachment activity will not interfere with or delay the contra…

19A NCAC 02B .0510 VEGETATION IN ENCROACHMENT AGREEMENTS When vegetation on highway right-of-way is involved with utility installations, the encroachment application shall be referred to the Area Roadside Environmental Engineer for investigation and approval before final approval…

19A NCAC 02B .0511 NOTICE REQUIRED BEFORE WORK BEGINS (a) The applicant shall notify the Division Engineer or his appointed representative prior to beginning work on the highway right-of-way. Notice is not required for underground utility service connections and aerial crossings …

19A NCAC 02B .0512 NOTIFICATION REQUIRED UPON COMPLETION OF WORK The applicant shall notify the Division Engineer in writing when all work contained in the agreement has been completed. Written notification of completion will not be required for encroachments on active highway pr…

19A NCAC 02B .0513 FINAL INSPECTION: FINAL REPORTS (a) The Division Engineer or his designated representative shall make a final inspection of all authorized encroachments. Where applicable, the Bridge Maintenance Superintendent will also participate in the final inspection. (b) …

19A NCAC 02B .0514 ENCROACHMENT AGREEMENTS ON FEDERAL-AID HIGHWAYS 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 April 3, 1981; Repealed Eff.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 .0515 RELOCATION OF UTILITIES ENCOUNTERED IN HIGHWAY IMPROVEMENTS (a) The Department of Transportation shall assume the financial responsibility for non-betterment costs of adjusting or relocating utilities which are in conflict with the construction of a highway pro…

SECTION .0600 - DRIVEWAY ENTRANCES 19A NCAC 02B .0601 DRIVEWAYS IN HIGHWAY RIGHT OF WAY - GENERAL (a) Any person or corporation desiring to construct a driveway or other connection within the right of way of a state system street or highway shall, before beginning any constructio…

19A NCAC 02B .0602 OBTAINING A DRIVEWAY CONSTRUCTION PERMIT (a) Application for a driveway construction permit will be made to the District Engineer having jurisdiction in the area. (b) Information that must be given with the application is listed below. Additional information wi…

19A NCAC 02B .0603 DRIVEWAY PERMITS FOR SPECIAL COMMERCIAL PROPERTY (a) Property use designated as special commercial in Rule .0602 of this Section shall require study to a greater depth than other commercial property uses due to the possibility of greater traffic generation. As …

19A NCAC 02B .0604 APPROVAL OF APPLICATION The approval of the application shall be subject to the following conditions: (1) The application shall be properly and clearly completed. (2) The location, design, and construction of driveways shall meet the general and geometric requi…

19A NCAC 02B .0605 APPLICATION REVIEW PERIOD The Department will process all permit applications as expeditiously as possible. Routine permit applications processed by the District Engineer will require approximately two weeks to process. Permit applications that are considered c…

SUBCHAPTER 02C - SECONDARY ROADS SECTION SECTION .0100 - SECONDARY ROADS Note: The Department of Transportation publishes a volume entitled "Minimum Design and Construction Criteria for Subdivision Streets" which contains design standards and subdivision street policies. A copy o…

19A NCAC 02C .0102 MINIMUM STANDARDS FOR SECONDARY ROADS The minimum standards for secondary roads are as follows: (1) The Department of Transportation shall require a right of way width of 50 feet for secondary roads added to the system. The right-of-way width may be such as to …

19A NCAC 02C .0103 ADDITION OF ROADS TO THE SECONDARY ROAD SYSTEM The following requirements must be met before a county road will be added to the secondary road system, provided, however, that the Board of Transportation reserves the right not to add a road to the system if it i…

19A NCAC 02C .0104 IMPROVEMENT OF ROADS ADDED TO THE HIGHWAY SYSTEM (a) When a county road is added to the highway system, the road shall be maintained. The addition of the road to the secondary road system does not imply that this road shall be widened, improved, stabilized or p…

19A NCAC 02C .0105 PROPERTY OWNER PARTICIPATION PAVING (a) Subdivision-Residential Roads. Those roads which are eligible to be paved on a property owner participating basis will be administered according to the following procedure: (1) The property owners or their representative …

19A NCAC 02C .0106 PRIORITY RATINGS FOR PAVING SECONDARY ROADS (a) The paving of unpaved roads in any county is based upon the total needs which take into account land use and public service characteristics, traffic characteristics, and general route characteristics. (b) A priori…

19A NCAC 02C .0107 ABANDONMENT OF SECONDARY ROADS History Note: Authority G.S. 136-44.1, 136-55.1; 136-63; 143B-350(f); 143B-350(g); Eff. July 1, 1978; Repealed Eff. December 29, 1993.

19A NCAC 02C .0108 ACQUISITION OF RIGHT OF WAY FOR SECONDARY ROADS (a) For the improvement or paving of unpaved secondary roads, the property owners shall dedicate, at no cost to the Department of Transportation, adequate right of way for construction and maintenance. As an excep…

19A NCAC 02C .0109 RIVER ROAD OR MOUNTAIN DEVELOPMENTS Many areas have developments that serve seasonal residences mainly even though there may be some year-round occupancy. These type roads are to be added to the state maintained system by the Board of Transportation only if the…

19A NCAC 02C .0110 IMPROVEMENTS FOR INDUSTRIAL: MANUFACTURING PROJECTS (a) The Board of Transportation may review requests for access road improvements to industrial or manufacturing projects as a part of the statewide effort to attract new industry to North Carolina. Projects el…

19A NCAC 02C .0111 COUNTY LANDFILL ROADS (a) The Department of Transportation may assist the individual counties in the construction of roads to serve county supervised landfills by either participating with the financing, by doing the construction on a 100 percent reimbursable b…

19A NCAC 02C .0112 STATEMENT OF POLICY History Note: Authority G.S. 136-44.1, 136-44.10; 136-102.6; 143B-350(f); 143B-350(g); 153A-205; Eff. July 1, 1978; Amended Eff. December 29, 1993; November 1, 1991; October 1, 1982; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02C .0113 DESIGN AND CONSTRUCTION CRITERIA - SUBDIVISION STREETS History Note: Legislative Objection [(a)] Lodged Eff. August 19, 1980; Legislative Objection [(a)] Removed Eff. April 23, 1981; Authority G.S. 136-18(1); 136-44.1; 136-102.6; 143B-350(f); 150A-62; 150A-63(c…

19A NCAC 02C .0114 SCHOOL BUS DRIVES AND SCHOOL BUS PARKING AREAS The Board of Transportation shall pave a school bus drive and stabilize a school bus parking area at public schools. History Note: Authority G.S. 136-18(17); 143B-350(f) and (g); Eff. November 1, 1991; Amended Eff.…

19A NCAC 02C .0115 RURAL VOLUNTEER FIRE AND RESCUE SQUAD FACILITIES The Board of Transportation may finance the construction of entrance driveways to the vehicle bays of rural volunteer firehouses approved by the North Carolina Fire Insurance Rating Bureau and the vehicle bays at…

19A NCAC 02C .0116 REIMBURSEMENT OF SCHOOLS FOR TRANSPORTATION IMPROVEMENTS COMPLETED ON THE STATE HIGHWAY SYSTEM (a) The school shall consult with the Department by contacting the Division of Highways, Division Office, District Engineer governing the specific area in which the s…

SECTION .0200 - MINIMUM DESIGN AND CONSTRUCTION CRITERIA FOR SUBDIVISION STREETS Note: The Department of Transportation publishes a volume entitled "Subdivision Roads." This volume contains illustrations of typical subdivision cross sections, street connections, intersections, dr…

19A NCAC 02C .0202 APPLICATION REQUIREMENTS Any person or corporation desiring to construct a new subdivision road which is to be dedicated as public, must submit the following information to the District Engineer for proper evaluation in order to obtain a certificate of approval…

19A NCAC 02C .0203 REQUIREMENTS/ADDITION OF SUBDIVISION ROADS TO THE SYSTEM The following conditions must be met before the Division of Highways may consider the addition of a subdivision street to the state highway system: (1) The minimum construction standards and other require…

19A NCAC 02C .0204 UTILITY REQUIREMENTS FOR SUBDIVISION ROADS The following conditions must be met for utilities to be added to subdivision roads. (1) Location. (a) Poles and other above-ground utilities which are to remain inside the right-of-way under an encroachment agreement …

19A NCAC 02C .0205 DRAINAGE REQUIREMENTS FOR SUBDIVISION ROADS (a) The Division of Highways shall review all drainage prior to acceptance of any facility to the state system. (b) All storm drainage shall be adequate so that the road may be maintained without excessive cost, and n…

19A NCAC 02C .0208 WHEEL CHAIR RAMPS History Note: Authority G.S. 136-18(1); 136-44.1; Eff. April 3, 1981; Amended Eff. December 29, 1993; Repealed Eff. December 1, 2013.

19A NCAC 02C .0212 ISLANDS OR SHORT MEDIANS AT SUBDIVISION ENTRANCES The Department of Transportation may review requests for the allowance of islands or short medians in the right of way desired for aesthetics on State Highway System Secondary Roads at the entrance to a subdivis…

19A NCAC 02C .0213 SUBDIVISION NAME MARKERS The Department of Transportation may review requests to erect subdivision name markers on an individual basis. The name markers may be allowed to be located within the State Highway System Secondary Road rights of way at the beginning o…

SUBCHAPTER 2D - HIGHWAY OPERATIONS SECTION .0100 - STANDARDS FOR DESIGN AND CONSTRUCTION 19A NCAC 02D .0101 STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES History Note: Legislative Objection [(a)] Lodged Eff. August 19, 1980; Legislative Objection [(a)] Removed Eff. April 23, 1…

19A NCAC 02D .0102 MINIMUM SIZE OF SURFACE DRAINAGE PIPELINE All installation of pipe for surface drainage purposes on the State Highway System right of way shall be a minimum diameter of 12". History Note: Authority G.S. 136-18(1); 136-92; 136-93; 156-88; Eff. July 1, 1978; Amen…

19A NCAC 02D .0103 ROADWAY STANDARDS History Note: Authority G.S. 136-18(1); 136-45; 136-44.1; 143B-350(f); 143B-350(g); 150A-62; 150A-63(c); Eff. July 1, 1978; Repealed Eff. April 3, 1981.

19A NCAC 02D .0104 GUIDELINES - CURB RAMPS (a) Guidelines for the design and construction of curb ramps are available from the Division of Highways, 1 S. Wilmington Street, Raleigh, North Carolina 27601, (919) 707-2500. (b) The party or parties cutting an existing curb or constru…

SECTION .0200 - LANDSCAPE 19A NCAC 02D .0201 COOPERATION WITH PROPERTY OWNERS The Department of Transportation will cooperate with owners of property abutting highway rights of way in eradicating or satisfactorily controlling the growth of kudzu, bermuda grass, johnson grass, or …

19A NCAC 02D .0202 CONDITIONAL COOPERATION (a) The extent of participation of the Department in eradication or control work shall be determined by the severity of damage to abutting property, the possibility of roadside erosion and drainage problems resulting from eradication, an…

19A NCAC 02D .0203 PLANTING PLANS Planting proposals of the type in Rule .0423 of this Subchapter shall be accompanied by a plan and a typical cross-section. They shall be to scale; or approximately to scale with dimensions shown so as to be adaptable to office review. Sizes pref…

SECTION .0400 - FIELD OPERATIONS - MAINTENANCE AND EQUIPMENT 19A NCAC 02D .0401 HIGHWAY MAINTENANCE CONTRACT RETREATMENT PROGRAM History Note: Authority G.S. 136-44.3; 136-44.1; 143B-350(f); 143B-350(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.

19A NCAC 02D .0402 CURB AND GUTTER AND UNDERGROUND DRAINAGE ON HIGHWAYS (a) The following Subparagraphs are applicable to Projects included in the State Transportation Improvement Program. (1) If curb and gutter or underground storm drainage facilities are not included in a State…

19A NCAC 02D .0403 USE OF DUST ALLAYING MATERIALS (a) Requests for calcium chloride dust treatments shall be addressed to the County Maintenance Yard having jurisdiction in the county where the work is proposed. (b) Calcium chloride dust treatments shall only be placed on State h…

19A NCAC 02D .0404 MAINTENANCE WITHIN MUNICIPALITIES (a) The definitions set forth in this Paragraph shall apply to this Rule. (1) "Board" means the Board of Transportation. (2) "Cross pipe lines" means pipe lines under the roadway surface, designed to convey water from one side …

19A NCAC 02D .0405 EXAMPLES OF CONSTRUCTION AND MAINTENANCE ACTIVITIES History Note: Authority G.S. 136-66.1; 143B-346; 143B-350(f); 143B-350(g); 150B-21.3A; Eff. July 1, 1978; Amended Eff. November 1, 1993; Repealed Eff. June 1, 2019.

19A NCAC 02D .0406 CONSTRUCTION AND MAINTENANCE OF SIDEWALKS (a) The Department shall replace any sidewalk torn up as a result of a highway construction project having to do with the widening of an existing street. (b) The Department shall evaluate the need for proposed sidewalks…

19A NCAC 02D .0407 HIGHWAY AND STREET PLANTING IN MUNICIPALITIES History Note: Authority G.S. 136-66.1; 143B-346; 143B-350(f); 143B-350(g); Eff. July 1, 1978; Repealed Eff. November 1, 1991.