North Carolina Administrative Code

19A NCAC 02D .1005 RESPONSIBILITIES OF PROGRAM PARTICIPANTS AND DEPARTMENT (a) Any individual or group participating in the Adopt-A-Highway Program shall be subject to the following requirements and responsibilities: (1) Appointing or selecting an authorized representative to act…

19A NCAC 02D .1006 GENERAL LIMITING CONDITIONS (a) The Department shall determine which highways are eligible for adoption. (b) The Department shall determine the designation of the section of right-of-way to be adopted. The Department will consider community sentiment in determi…

19A NCAC 02D .1007 MODIFICATION/RENEWAL/TERMINATION OF THE AGREEMENT (a) The Adopt-A-Highway agreement may be modified in scope or altered in any other manner at the discretion of the Department. (b) Program participants shall have the option of renewing the agreement, subject to…

19A NCAC 02D .1008 TERMINATION OF THE PROGRAM History Note: Authority G.S. 136-18(10); Eff. November 1, 1991; Repealed Eff. November 1, 1993.

SECTION .1100 - DISADVANTAGED BUSINESS ENTERPRISE, MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PROGRAMS FOR HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTS 19A NCAC 02D .1101 PURPOSE AND SCOPE (a) The Department shall ensure that Disadvantaged Business Enterprises (DBE),…

19A NCAC 02D .1102 DEFINITIONS In addition to the terms defined in G.S. 136-28.4, the following terms shall apply for purposes of this Section: (1) Disadvantaged Business Enterprise shall have the same meaning as provided in 49 C.F.R. 26.5(2). (2) Disadvantaged Minority-owned Bus…

19A NCAC 02D .1103 CERTIFICATION OF FIRMS (a) In order to be certified by the Department as a Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, or disadvantaged Women-owned Business Enterprise, the business enterprise shall submit a Unified Cert…

19A NCAC 02D .1104 RENEWAL OF CERTIFICATION Each firm certified as a Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, or disadvantaged Women-owned Business Enterprise shall satisfy the annual affidavit requirements of 49 C.F.R. 26.83(i). Histor…

19A NCAC 02D .1105 CHANGE IN OWNERSHIP OR CONTROL Pursuant to, and in accordance with, 49 C.F.R. 26.83(i), any time a firm certified with the Department has a change of ownership, control, business size, type of work, or other factors that affect the firm's eligibility as a Disad…

19A NCAC 02D .1106 DECERTIFICATION If the Department finds a firm in non-compliance with the eligibility requirements of 49 C.F.R. 23 or 26, then that firm shall be suspended or decertified in accordance with 49 C.F.R. 23.31 through 23.39, if the firm is a Disadvantaged Business …

19A NCAC 02D .1107 APPEALS OF DENIAL OF CERTIFICATION (a) Any Minority Business Enterprise firm or Women Business Enterprise firm denied certification or decertified may file an appeal of that action to the Department's DBE/UCP Program Manager. (1) The appeal shall be received by…

19A NCAC 02D .1108 GOALS (a) The Department shall perform an analysis to determine the availability of eligibility, of Disadvantaged Business Enterprise, Minority-owned Business Enterprise, and Women-owned Business Enterprise firms relative to all businesses available to particip…

19A NCAC 02D .1109 COUNTING PARTICIPATION TOWARD MEETING THE GOAL Participation of Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, and Women-owned Business Enterprise firms for federally funded and non-federally funded projects shall be counte…

19A NCAC 02D .1110 GOOD FAITH REQUIREMENTS FOR ESTABLISHED GOALS A contractor who does not meet the goals established in the project shall comply with the good faith requirements as set forth in 49 C.F.R. Appendix A Part 26. History Note: Authority G.S. 136-28.4; 143B-348; Eff. A…

19A NCAC 02D .1111 REPLACEMENT OF CERTIFIED FIRMS If a certified firm, utilized to meet the goal established pursuant to 49 C.F.R. Part 26, is replaced, then the replacement shall comply with 49 CFR. 26.53. History Note: Authority G.S. 136-28.4; 143B-348; Eff. April 30, 1997; Ame…

19A NCAC 02D .1112 REPLACEMENT OF A FIRM REMOVED BY DECERTIFICATION If a certified firm, utilized to meet the goal established pursuant to 49 C.F.R. Part 26, is decertified, and is replaced. The replacement shall comply with 49 C.F.R. 26.53. History Note: Authority G.S. 136-28.4;…

SUBCHAPTER 02E - MISCELLANEOUS OPERATIONS SECTION .0100 - TORT CLAIMS 19A NCAC 02E .0101 CLAIMS INVOLVING THE DIVISION OF HIGHWAYS (a) To assist persons in processing a claim against the State of North Carolina as a result of accidents involving division of highways' marine vesse…

19A NCAC 02E .0102 ACCIDENTS INVOLVING STATE-OWNED VEHICLES OR EQUIPMENT (a) Division of Highways' vehicles or equipment are covered by liability insurance with the Travelers Insurance Companies. This coverage includes any type of claim that is related to an accident involving a …

SECTION .0200 – OUTDOOR ADVERTISING 19A NCAC 02E .0201 DEFINITIONS FOR OUTDOOR ADVERTISING CONTROL In addition to the definitions set forth in G.S. 136-128, of Article 11 of North Carolina General Statutes, also known as the Outdoor Advertising Act, the following definitions shal…

19A NCAC 02E .0202 AGREEMENT The Department of Transportation has entered into an agreement with the United States Department of Transportation relating to the control of outdoor advertising in areas adjacent to the interstate and federal-aid primary highway systems or NHS in acc…

19A NCAC 02E .0203 OUTDOOR ADVERTISING ON CONTROLLED ROUTES Except for those signs set forth in G.S. 136-129(1), (2), (2a), and (3), this Rule shall apply to the erection and maintenance of outdoor advertising signs in all zoned and unzoned commercial and industrial areas located…

19A NCAC 02E .0204 LOCAL ZONING AUTHORITIES Local zoning authorities may certify to the Board of Transportation when they have established effective control within zoned commercial and industrial areas, through regulations or ordinances with respect to size, lighting and spacing …

19A NCAC 02E .0205 PERMITS REQUIRED History Note: Authority G.S. 136-130; 136-133; Eff. July 1, 1978; Amended Eff. June 15, 1981; Repealed Eff. November 1, 1993.

19A NCAC 02E .0206 APPLICATIONS (a) An application for an outdoor advertising permit shall be made on NCDOT form OA-1, which may be obtained at any District Office. Upon completion, the application shall be submitted to the district office for the district where the proposed site…

19A NCAC 02E .0207 FEES AND RENEWALS (a) All applicable fees shall be paid by the permit holders for each permit requested. (b) An initial nonrefundable fee of one hundred twenty dollars ($120.00) per outdoor advertising structure shall be submitted with each new permit applicati…

19A NCAC 02E .0208 PERMIT AND PERMIT EMBLEM (a) Permits shall be issued for signs that are in compliance with all federal, State, or local laws pertaining to outdoor advertising structures by the Division of Highways of the Department of Transportation upon application, approval,…

19A NCAC 02E .0209 TRANSFER OF PERMIT/CHANGE OF ADDRESS (a) Within 30 days after ownership of a permitted outdoor advertising sign is transferred, the previous or new owner shall submit a written notice, signed by the transferring owner and notarized, to the District Engineer's o…

19A NCAC 02E .0210 REVOCATION OF OUTDOOR ADVERTISING PERMIT The appropriate District Engineer's office shall revoke a permit for a lawful outdoor advertising structure based on any of the following: (1) mistake of facts by the issuing District Engineer's office for which had the …

19A NCAC 02E .0211 DENIAL OF PERMIT History Note: Authority G.S. 136-130; Eff. July 1, 1978; Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981; Temporary Repeal Eff. March 1, 2012; Repealed Eff. November 1, 2012.

19A NCAC 02E .0212 NOTICE GIVEN FOR REVOKING PERMIT (a) Prior to the revocation of an outdoor advertising permit, the District Engineer's office shall send the permit holder a notice of violation by certified mail of the alleged violation under Rule .0210 of this Section. The per…

19A NCAC 02E .0213 APPEAL OF DECISION OF DISTRICT ENGINEER'S OFFICE TO SEC. OF TRANS. (a) Should any permit applicant, permit holder, or sign owner disagree with a decision of the appropriate District Engineer's office pertaining to the denial or revocation of a permit for outdoo…

19A NCAC 02E. 0214 STANDARDS FOR DIRECTIONAL SIGNS (a) For the purposes of this Section, the following directional signs shall be prohibited: (1) signs that are erected or maintained upon trees or painted or drawn upon rocks or other natural features; (2) signs that move or have …

19a ncac 02E .0215 PERMITS FOR DIRECTIONAL SIGNS (a) A permit shall be required for the construction or maintenance of any directional sign permitted by Rule .0214 of this Section, except that no permit shall be required to erect or maintain directional signs to religious sites o…

19A NCAC 02E .0216 SPECIFIC service SIGNING (Logo) PROGRAM The Specific Service Signing Program, hereinafter "Program", provides eligible businesses with the opportunity to be listed on official signs within the right-of-way of fully controlled access highways. The Traffic Engine…

19A NCAC 02E .0221 Logo Program FEES (a) All logo signs, to which individual Logo Signing Program business panels are attached, shall be constructed, owned, and maintained by the Department. The participating logo business shall pay an annual fee as set forth in this Rule. (b) Th…

19A NCAC 02E .0222 CONTRACTS WITH THE DEPARTMENT History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f); Eff. April 1, 1982; Amended Eff. July 1, 2000; August 1, 1998; December 1, 1994; October 1, 1993…

19A NCAC 02E .0223 APPEAL OF DECISION OF DIVISION ENGINEER TO SECRETARY History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f); Eff. April 1, 1982; Amended Eff. October 1, 1993; Expired Eff. October 1,…

19A NCAC 02E .0224 SCENIC BYWAYS (a) Outdoor advertising is prohibited adjacent to any highway designated as a scenic byway by the Board of Transportation after the date of the designation as scenic, regardless of the highway classification, except for outdoor advertising permitt…

19a ncac 02E .0225 REPAIR/MAINTENANCE/ALTERATION OF SIGNS (a) Signs may not be serviced from or across the right of way of freeways or from or across controlled access barriers or fences of controlled routes. (b) Conforming signs may be altered within the limits of the rules in t…

19a ncac 02E .0226 ORDER TO STOP WORK ON UNPERMITTED OUTDOOR ADVERTISING History Note: Authority G.S. 136-130; 136-133; Temporary Adoption Eff. November 16, 1999; Eff. August 1, 2000; Repealed Eff. January 1, 2021.

SECTION .0300 - JUNKYARD CONTROL 19A NCAC 02E .0301 UNZONED INDUSTRIAL AREA (a) For purposes of this Section and the Junkyard Control Act, "Unzoned industrial area" means the land occupied by an industrial activity, including its building, parking lot, storage or processing, and …

19A NCAC 02E .0302 PERMITS History Note: Authority G.S. 136-151; 136-149; Eff. July 1, 1978; Repealed Eff. December 1, 1993.

19A NCAC 02E .0303 FEES (a) The application fee for the Application for Junkyard payment shall be fifteen dollars ($15.00). (b) The Application for Junkyard Permit is available from the Division Engineer having jurisdiction in the county where the proposed or existing junkyard is…

SECTION .0400 - GENERAL ORDINANCES 19A NCAC 02E .0401 PENALTY IMPOSED FOR VIOLATION OF ORDINANCES History Note: Authority G.S. 136-18(5); Eff. July 1, 1978; Repealed Eff. November 1, 1993.

19A NCAC 02E .0402 PILING OBSTRUCTIONS ON HIGHWAYS OR WITHIN RIGHT OF WAY It shall be unlawful to pile, place, or leave, any trash, refuse, garbage, lumber, logs, cordwood, tree-laps, scrapped automobile, scrapped truck or part thereof, or any other material upon any road, highwa…

19A NCAC 02E .0403 DEPOSITING MUD ON STATE HIGHWAYS No person operating a vehicle with "dual wheels" or a vehicle equipped with four-wheel drive shall track mud onto any paved portion of any State highway so as to create a safety hazard to the traveling public. History Note: Auth…

19A NCAC 02E .0404 HIGHWAY OBSTRUCTIONS INTERFERING WITH TRAFFIC/MAINTENANCE (a) It shall be unlawful to place any highway obstruction, including, but not limited to, a driveway headwall, fence, rural mailbox, newspaper delivery box, or other roadside obstruction, so as to interf…

19A NCAC 02E .0405 DAMAGE to state highway system SURFACE OR SHOULDER It shall be unlawful to move on, over, or across the surface or shoulder of any State highway system bridge, road, or highway, any object, tractor, engine, farm equipment, or vehicle of any kind that has wheels…

19A NCAC 02E .0406 VEHICLES SERVED BY SERVICE STATION History Note: Authority G.S. 136-18(5); 136-90; Eff. July 1, 1978; Repealed Eff. July 1, 2019.

19A NCAC 02E .0407 CONTROL AND REGULATION OF ROADSIDE PARKS AND REST AREAS (a) It shall be unlawful, within any scenic service overlook, rest area, or other designated parking area on the primary and secondary roads and highways of the State, for any person, firm, or corporation …