§ 136-11.1. Local consultation on transportation projects. - North Carolina Statutes

§136‑11.1.  Local consultation on transportation projects.

Prior to any action of theBoard on a transportation project, the Department shall inform allmunicipalities and counties affected by a planned transportation project andrequest each affected municipality or county to submit within 45 days a writtenresolution expressing their views on the project. A municipality or county maydesignate a Transportation Advisory Committee to submit its response to theDepartment's request for a resolution. Upon receipt of a written resolutionfrom all affected municipalities and counties or their designees, or theexpiration of the 45‑day period, whichever occurs first, the Board maytake action. The Department and the Board shall consider, but shall not bebound by, the views of the affected municipalities and counties on eachtransportation project. The failure of a county or municipality to express itsviews within the time provided shall not prevent the Department or the Boardfrom taking action. The Department shall not be required to send notice underthis section if it has already received a written resolution from the affectedcounty or municipality on the planned transportation project. "Action ofthe Board", as used in this section, means approval by the Board of: theTransportation Improvement Program and amendments to the TransportationImprovement Program; the Secondary Roads Paving Program and amendments to theSecondary Roads Paving Program; and individual applications for access andpublic service road projects, contingency projects, small urban projects, andspot safety projects that exceed one hundred fifty thousand dollars ($150,000).The 45‑day notification provision may be waived upon a finding by theSecretary of Transportation that emergency action is required. Such findingsmust be reported to the Joint Legislative Transportation Oversight Committee. (1998‑169,s. 3.)