North Carolina Administrative Code

19A NCAC 02E .0408 FISHING FROM BRIDGES It shall be unlawful to fish from any bridge on any interstate or other controlled access highway. History Note: Authority G.S. 136-18(5); 136-89.50; 153A-242; 160A-302.1; Eff. July 1, 1978; Readopted Eff. July 1, 2019.

19A NCAC 02E .0409 OPERATING NONMOTORIZED VEHICLES Unless otherwise authorized by the Board of Transportation, it shall be unlawful for any person to ride any animal, or to operate a bicycle, horse drawn wagon, or any nonmotorized vehicle or moped on any interstate or controlled …

19A NCAC 02E .0410 HITCHHIKING ON INTERSTATE OR CONTROLLED ACCESS HIGHWAYS (a) It shall be unlawful for any person to hitchhike or to solicit rides, or for the driver of any vehicle to stop for the purpose of picking up one who is hitchhiking or soliciting a ride, on any intersta…

19A NCAC 02E .0411 JUMPING FROM BRIDGES History Note: Authority G.S. 136-18(5); 150B-21.3A; Eff. July 1, 1978; Repealed Eff. July 1, 2019.

19A NCAC 02E .0412 AIRCRAFT LANDING AND TAKING OFF ON HIGHWAYS (a) It shall be unlawful for aircraft to take-off or land on any road or highway of the State Highway System, unless authorized by the Chief Engineer, in writing. The Chief Engineer may authorize take-off or landing o…

19A NCAC 02E .0413 PARADES ON HIGHWAY SYSTEM ROADS It shall be unlawful for any person, firm, organization, school, or other group of persons to conduct or participate in a parade on any street or highway of the State Highway System located outside the limits of a municipality. H…

19A NCAC 02E .0414 PARKING VEHICLE FOR SALE OR DISTRIBUTION OF GOODS It shall be unlawful to sell any fruits, vegetables, goods, wares, or merchandise of any character from a vehicle, stand, or structure, or from any place on the right-of-way of any primary or secondary highway, …

19A NCAC 02E .0415 ADVERTISING SIGNS WITHIN right-of-way It shall be unlawful for any person, firm, or corporation to erect, place, or allow any advertising, or other sign, except regulation traffic and warning signs approved by the Department, on any highway or the right-of-way …

19A NCAC 02E .0416 PRIVATE DRIVES OR ROADS INTERSECTING HIGHWAYS (a) It shall be unlawful to intersect the State highways with any private driveway or roadway, unless approved by the Department of Transportation, and provided by the party responsible for the private driveway or r…

19A NCAC 02E .0417 COMMERCIAL ENTRANCES INTERSECTING WITH RIGHT-OF-WAY It shall be unlawful to revise or construct any commercial entrances to intersect with the right-of-way of any primary or secondary highway, or road of the State Highway System, unless a permit has first been …

19A NCAC 02E .0418 FENCING WITHIN RIGHT-OF-WAY It shall be unlawful for any person to erect a fence, of any kind, within the right-of-way limits of any highway, except upon the written permission of the Chief Engineer's Office upon a showing that the change in fencing is benefici…

19A NCAC 02E .0419 CULTIVATING CROPS AND MAINTAINING PASTURES WITHIN Right-of-way It shall be unlawful for any person to plant, cultivate, or grow any crop, or to maintain any pasture or pasture grass, within the right-of-way limits of any highway, unless written permission from …

19A NCAC 02E .0420 CONSTRUCTION WITHIN RIGHT-OF-WAY (a) Unless authorized in writing by the Chief Engineer's Office upon a showing that the change in construction within the right-of-way is beneficial to the public, it shall be unlawful for any person or firm to construct, place,…

19A NCAC 02E .0421 UTILITY WIRES OR CABLES OVER HIGHWAYS (a) For purposes of this Rule, the American National Standards Institute's National Electrical Safety Code (ANSI Code) is incorporated by reference and includes any subsequent amendments and editions. The ANSI Code may be o…

19A NCAC 02E .0422 USE OF RUNAWAY TRUCK RAMPS It shall be unlawful for any operator of a motor vehicle, non-motorized vehicle, moped, bicycle, or any pedestrian or any person having custody or control of any animal or animal powered vehicle to park on, stand upon, obstruct, or ot…

19A NCAC 02E .0423 REGULATION OF AIRPORT CONSTRUCTION (a) Except as otherwise provided by this Rule, all construction or alteration of airports or aircraft landing areas on any part of land adjoining any public highway or in close proximity, shall be in conformity with the Federa…

19A NCAC 02E .0424 TWIN TRAILERS ACCESS ROUTES History Note: Authority G.S. 20-115.1; Board of Transportation minutes on November 18, 1989; Eff. September 1, 1990; Repealed Eff. November 1, 1991.

19A NCAC 02E .0425 ACCESS ROUTES/SEMI-TRAILER TRUCKS WITH 48/53 FOOT TRAILERS History Note: Authority G.S. 20-115.1; 20-116; Eff. October 1, 1991; Repealed Eff. November 1, 1991.

19A NCAC 02E .0426 ACCESS ROUTES FOR STAA DIMENSIONED VEHICLES The definitions and requirements set forth in this Rule shall apply to access routes for Surface Transportation Assistance Act (STAA) dimensioned vehicles. (1) Definitions. (a) "Twin trailer truck" means a vehicle com…

19A NCAC 02E .0427 Multi-use PATHS (a) Authorization for a municipality to construct and maintain multi-use paths on State highway system rights-of-way shall be provided through an encroachment agreement between the municipality and Department. The encroachment agreement shall sp…

SECTION .0600 - SELECTIVE VEGETATION REMOVAL POLICY 19A NCAC 02E .0601 SELeCTIVE VEGETATION REMOVAL PERMIT REQUIRED TO REMOVE VEGETATION FROM STATE HIGHWAY RIGHT-OF-WAY Selective cutting, thinning, pruning, or removal of vegetation within highway rights-of-way may be permitted on…

19A NCAC 02E .0602 REQUESTS FOR SELeCTIVE VEGETATION REMOVAL PERMITS For A Facility (a) Applications for selective vegetation cutting, thinning, pruning, or removal (exclusive of grasses) at a facility shall be made by the owner of the facility and sent to the Division Engineer o…

19A NCAC 02E .0603 ISSUANCE OR DENIAL OF SELECTIVE VEGETATION REMOVAL PERMIT For a facility (a) Pursuant to G.S. 136-133.2, within 30 days following receipt of the application for a selective vegetation removal permit for a facility, including the fee set out in G.S. 136-18.7, th…

19A NCAC 02E .0604 CONDITIONS OF selective vegetation removal Permit for facilities The following apply to the conditions of selective vegetation removal permit for facilities: (1) Selected vegetation, within the approved limits as set forth in Rule .0602(c) of this Section may b…

19A NCAC 02E .0605 APPEAL TO THE CHIEF ENGINEER History Note: Filed as a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982; Authority G.S. 136-18(5); 136-18(7); 136-18(9); Eff. June 1, 1982; Repealed Eff. June 2, 1982.

19A NCAC 02E .0606 EXCEPTIONS TO THE POLICY History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); Eff. August 1, 1985; Repealed Eff. December 29, 1993.

19A NCAC 02E .0607 TEMPORARY MORATORIUM History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); Eff. December 1, 1990; Repealed Eff. December 29, 1993.

19A NCAC 02E .0608 REQUESTS FOR SELECTIVE VEGETATION REMOVAL PERMITS FOR OUTDOOR ADVERTISING (a) Applications for selective vegetation cutting, thinning, pruning, or removal (exclusive of grasses) shall be made by the owner of an outdoor advertising sign permitted under G.S. 136-…

19A NCAC 02E .0609 ISSUANCE OR DENIAL OF SELECTIVE VEGETATION REMOVAL PERMIT FOR OUTDOOR ADVERTISING (a) Pursuant to G.S. 136-133.2, within 30 days following receipt of the application for a selective vegetation removal permit for outdoor advertising, including the fee set out in…

19A NCAC 02E .0610 CONDITIONS OF SELECTIVE VEGETATION REMOVAL PERMITS FOR OUTDOOR ADVERTISING The following apply to the conditions of selective vegetation removal permits for outdoor advertising: (1) Selected vegetation, as defined in G.S. 136-133.1(b), may be cut, thinned, prun…

19A NCAC 02E .0611 BEAUTIFICATION AND REPLANTING REQUIREMENTS FOR SELECTIVE VEGETATION REMOVAL PERMITs (a) Any site with a valid selective vegetation removal permit issued pursuant to G.S. 136-93(b) qualifies for a beautification and replanting plan as set forth in G.S. 136-133.1…

19A NCAC 02E .0612 MODIFIED VEGETATION CUT OR REMOVAL ZONE FOR OUTDOOR ADVERTISING (a) In accordance with G.S. 136-133.1(a1), at the request of a selective vegetation removal permit applicant, the Department may approve plans for the cutting, thinning, pruning, or removal of vege…

SECTION .0700 - PROFESSIONAL OR SPECIALIZED SERVICES 19A NCAC 02E .0701 EMPLOYMENT OF PROFESSIONAL/SPECIALIZED FIRM: AUTHORIZATION (a) Except as set out Paragraph (b) of this Rule the employment by contract of any agency, firm or individual may be authorized and executed by any o…

19A NCAC 02E .0702 SOLICITATION AND AWARD OF CONTRACT (a) The Department shall maintain a "Directory of Transportation Firms" that have the necessary expertise and experience, and have expressed a desire to perform in professional engineering or other kinds of professional or spe…

19A NCAC 02E .0703 PREQUALIFYING TO award – Professional services firms (a) In order to ensure that contracts awarded pursuant to G.S. 136-28.1(f) and G.S. 143-64.31 are awarded to responsible firms, prospective professional services firms shall comply with the rules set forth in…

SECTION .0800 - SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS 19A NCAC 02E .0801 PERMIT TO SOLICIT CONTRIBUTIONS In recognition of the State of North Carolina's legitimate concern for the safety and well-being of the traveling public as well as the right of c…

19A NCAC 02E .0802 PERMITS REQUIRED (a) All organizations desiring to solicit under the provisions of this Section must first obtain a permit from the Department of Transportation for the stated purpose of allowing their members to solicit at designated areas on the state highway…

19A NCAC 02E .0803 SOLICITATION RESTRICTIONS AND REQUIREMENTS (a) Any member of an organization duly permitted under these Rules actually engaged in soliciting for contributions must provide and prominently display an identification tag or badge containing all of the following in…

19A NCAC 02E .0804 REVOCATION OF PERMIT (a) Any of the following shall be grounds for revoking a permit issued under the provisions of these Rules: (1) failure to renew the permit issued to the organization; (2) loss of federal income tax exemptions; (3) violations of the restric…

SECTION .0900 - DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS 19A NCAC 02E .0901 NEWSPAPER DISTRIBUTION POLICY The Department of Transportation, in recognition of the First Amendment right of freedom of speech which includes the right to distribute …

19A NCAC 02E .0902 PERMITS REQUIRED (a) A permit must be obtained from the Department of Transportation to distribute newspapers from newspaper dispensers at rest areas and welcome centers. (b) All permit requests must be in writing and must include the owner's name, address, tel…

19A NCAC 02E .0903 INDEMNIFICATION (a) The owner of the news dispenser, upon the placement of a newspaper dispenser at a rest area or welcome center, assumes the unconditional obligation and thereby agrees to defend, indemnify and save harmless the State, its agents, servants and…

19A NCAC 02E .0904 LOCATION, INSTALLATION AND MAINTENANCE/NEWSPAPER DISPENSERS Any newspaper dispenser which in whole or in part rests upon, in or over rest areas or welcome centers shall comply with the following standard: (1) Newspaper dispensers shall not exceed five feet in h…

19A NCAC 02E .0905 CONDITIONS, NOTICE OF VIOLATIONS AND APPEALS (a) The continued placement, use and maintenance of newspaper dispensers is conditioned upon compliance with all the provisions of this Section. If any of the provisions of this Section are alleged to have been viola…

19A NCAC 02E .0906 COMPLIANCE WITH DIV OF SERVICES FOR THE BLIND REQUIREMENTS Permittees must comply with the requirements of the Division of Services for the Blind, Department of Human Resources, as the State licensing agency designated pursuant to Section 2(a)(5) of the Randolp…

SECTION .1000 - SCENIC BYWAYS 19A NCAC 02E .1001 DEFINITIONS This Section establishes the Department's rules for the administration, designation and removal of the North Carolina Scenic Byways Program. For purposes of this Section, the following definitions shall apply: (1) "Boar…

19A NCAC 02E .1002 PURPOSE (a) The Scenic Byway/Highway system shall be established to provide the public with the opportunity to travel on a system of roads featuring the intrinsic qualities of the State within the existing highway system. (b) The Scenic Byway/Highway program is…

19A NCAC 02E .1003 ADMINISTRATION OF PROGRAM (a) The responsibilities and execution of duties of implementing and carrying out the goals of the Scenic Byway/Highway program are vested in the Division of Highways (DOH) of the NCDOT. The DOH is authorized: (1) to plan, design, and …

19A NCAC 02E .1004 DESIGNATION CRITERIA (a) The following criteria shall be required for a route to be included in the Scenic Byway/Highway system: (1) highway design which preserves and protects the natural beauty or scenery of the area; (2) location on an existing highway or ro…

19A NCAC 02E .1005 DESIGNATION PROCESS The process for designation as a Scenic Byway shall be as follows: (1) A non-profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application to the Road…