§ 136-18. Powers of Department of Transportation. - North Carolina Statutes

§ 136‑18.  Powers ofDepartment of Transportation.

The said Department ofTransportation is vested with the following powers:

(1)        The generalsupervision over all matters relating to the construction of the Statehighways, letting of contracts therefor, and the selection of materials to beused in the construction of State highways under the authority of this Chapter.

(2)        To take over andassume exclusive control for the benefit of the State of any existing county ortownship roads, and to locate and acquire rights‑of‑way for any newroads that may be necessary for a State highway system, and subject to theprovisions of G.S. 136‑19.5(a) and (b) also locate and acquire suchadditional rights‑of‑way as may be necessary for the present orfuture relocation or initial location, above or below ground, of telephone,telegraph, broadband communications, electric and other lines, as well as gas,water, sewerage, oil and other pipelines, to be operated by public utilities asdefined in G.S. 62‑3(23) and which are regulated under Chapter 62 of theGeneral Statutes, or by municipalities, counties, any entity created by one ormore political subdivisions for the purpose of supplying any such utilityservices, electric membership corporations, telephone membership corporations,or any combination thereof, with full power to widen, relocate, change or alterthe grade or location thereof and to change or relocate any existing roads thatthe Department of Transportation may now own or may acquire; to acquire bygift, purchase, or otherwise, any road or highway, or tract of land or otherproperty whatsoever that may be necessary for a State transportation system andadjacent utility rights‑of‑way: Provided, all changes oralterations authorized by this subdivision shall be subject to the provisionsof G.S. 136‑54 to 136‑63, to the extent that said sections areapplicable: Provided, that nothing in this Chapter shall be construed toauthorize or permit the Department of Transportation to allow or pay anythingto any county, township, city or town, or to any board of commissioners orgoverning body thereof, for any existing road or part of any road heretoforeconstructed by any such county, township, city or town, unless a contract hasalready been entered into with the Department of Transportation.

(3)        To provide for suchroad materials as may be necessary to carry on the work of the Department ofTransportation, either by gift, purchase, or condemnation: Provided, that whenany person, firm or corporation owning a deposit of sand, gravel or othermaterial, necessary, for the construction of the system of State highwaysprovided herein, has entered into a contract to furnish the Department ofTransportation any of such material, at a price to be fixed by said Departmentof Transportation, thereafter the Department of Transportation shall have theright to condemn the necessary right‑of‑way under the provisions ofArticle 9 of Chapter 136, to connect said deposit with any part of the systemof State highways or public carrier, provided that easements to materialdeposits, condemned under this Article shall not become a public road and thecondemned easement shall be returned to the owner as soon as the deposits areexhausted or abandoned by the Department of Transportation.

(4)        To enforce bymandamus or other proper legal remedies all legal rights or causes of action ofthe Department of Transportation with other public bodies, corporations, orpersons.

(5)        To make rules,regulations and ordinances for the use of, and to police traffic on, the Statehighways, and to prevent their abuse by individuals, corporations and publiccorporations, by trucks, tractors, trailers or other heavy or destructivevehicles or machinery, or by any other means whatsoever, and to provide amplemeans for the enforcement of same; and the violation of any of the rules,regulations or ordinances so prescribed by the Department of Transportationshall constitute a Class 1 misdemeanor: Provided, no rules, regulations orordinances shall be made that will conflict with any statute now in force orany ordinance of incorporated cities or towns, except the Department ofTransportation may regulate parking upon any street which forms a link in theState highway system, if said street be maintained with State highway funds.

(6)        To establish atraffic census to secure information about the relative use, cost, value,importance, and necessity of roads forming a part of the State highway system,which information shall be a part of the public records of the State, and uponwhich information the Department of Transportation shall, after duedeliberation and in accordance with these established facts, proceed to orderthe construction of the particular highway or highways.

(7)        To assume full andexclusive responsibility for the maintenance of all roads other than streets intowns and cities, forming a part of the State highway system from date ofacquiring said roads. The Department of Transportation shall have authority tomaintain all streets constructed by the Department of Transportation in townsof less than 3,000 population by the last census, and such other streets as maybe constructed in towns and cities at the expense of the Department ofTransportation, whenever in the opinion of the Department of Transportation itis necessary and proper so to do.

(8)        To give suitablenames to State highways and change the names as determined by the Board ofTransportation of any highways that shall become a part of the State system ofhighways.

(9)        To employappropriate means for properly selecting, planting and protecting trees,shrubs, vines, grasses or legumes in the highway right‑of‑way inthe promotion of erosion control, landscaping and general protection of saidhighways; to acquire by gift or otherwise land for and to construct, operateand maintain roadside parks, picnic areas, picnic tables, scenic overlooks andother appropriate turnouts for the safety and convenience of highway users; andto cooperate with municipal or county authorities, federal agencies, civicbodies and individuals in the furtherance of those objectives. None of theroadside parks, picnic areas, picnic tables, scenic overlooks or otherturnouts, or any part of the highway right‑of‑way shall be used forcommercial purposes except (i) for materials displayed in welcome centers inaccordance with G.S. 136‑89.56, and (ii) for vending machines permittedby the Department of Transportation and placed by the Division of Services forthe Blind, Department of Health and Human Services, as the State licensingagency designated pursuant to Section 2(a)(5) of the Randolph‑SheppardAct (20 USC 107a(a)(5)). The Department of Transportation shall regulate theplacing of the vending machines in highway rest areas and shall regulate thearticles to be dispensed. Every other use or attempted use of any of theseareas for commercial purposes shall constitute a Class 1 misdemeanor and eachday's use shall constitute a separate offense.

(10)      To make proper andreasonable rules, regulations and ordinances for the placing or erection oftelephone, telegraph, electric and other lines, above or below ground,signboards, fences, gas, water, sewerage, oil, or other pipelines, and othersimilar obstructions that may, in the opinion of the Department ofTransportation, contribute to the hazard upon any of the said highways or inany way interfere with the same, and to make reasonable rules and regulationsfor the proper control thereof. And whenever the order of the said Departmentof Transportation shall require the removal of, or changes in, the location oftelephone, telegraph, electric or other lines, signboards, fences, gas, water,sewerage, oil, or other pipelines, or other similar obstructions, the ownersthereof shall at their own expense, except as provided in G.S. 136‑19.5(c),move or change the same to conform to the order of said Department ofTransportation. Any violation of such rules and regulations or noncompliancewith such orders shall constitute a Class 1 misdemeanor.

(11)      To regulate, abandonand close to use, grade crossings on any road designated as part of the Statehighway system, and whenever a public highway has been designated as part ofthe State highway system and the Department of Transportation, in order toavoid a grade crossing or crossings with a railroad or railroads, continues orconstructs the said road on one side of the railroad or railroads, theDepartment of Transportation shall have power to abandon and close to use suchgrade crossings; and whenever an underpass or overhead bridge is substitutedfor a grade crossing, the Department of Transportation shall have power toclose to use and abandon such grade crossing and any other crossing adjacentthereto.

(12)      The Department ofTransportation shall have such powers as are necessary to comply fully with theprovisions of the Intermodal Surface Transportation Efficiency Act of 1991,Pub. L. No. 102‑240, 105 Stat. 1914 (1991), as amended, and all otherfederal aid acts and programs the Department is authorized to administer. Thesaid Department of Transportation is hereby authorized to enter into allcontracts and agreements with the United States government relating to survey,construction, improvement and maintenance of roads, urban area trafficoperations studies and improvement projects on the streets on the State highwaysystem and on the municipal system in urban areas, under the provisions of thepresent or future congressional enactments, to submit such scheme or program ofconstruction or improvement and maintenance as may be required by the Secretaryof Transportation or otherwise provided by federal acts, and to do all otherthings necessary to carry out fully the cooperation contemplated and providedfor by present or future aid acts of Congress for the construction orimprovement and maintenance of federal aid of State highways. The good faithand credit of the State are further hereby pledged to make available fundsnecessary to meet the requirements of the acts of Congress, present or future,appropriating money to construct and improve rural post roads and apportionedto this State during each of the years for which federal funds are now or mayhereafter be apportioned by the said act or acts, to maintain the roadsconstructed or improved with the aid of funds so appropriated and to makeadequate provisions for carrying out such construction and maintenance. Thegood faith and credit of the State are further pledged to maintain such roadsnow built with federal aid and hereafter to be built and to make adequateprovisions for carrying out such maintenance. Upon request of the Department ofTransportation and in order to enable it to meet the requirements of acts ofCongress with respect to federal aid funds apportioned to the State of NorthCarolina, the State Treasurer is hereby authorized, with the approval of theGovernor and Council of State, to issue short term notes from time to time, andin anticipation of State highway revenue, and to be payable out of Statehighway revenue for such sums as may be necessary to enable the Department ofTransportation to meet the requirements of said federal aid appropriations, butin no event shall the outstanding notes under the provisions of this sectionamount to more than two million dollars ($2,000,000).

(12a)    The Department ofTransportation shall have such powers as are necessary to establish,administer, and receive federal funds for a transportation infrastructurebanking program as authorized by the Intermodal Surface TransportationEfficiency Act of 1991, Pub. L. 102‑240, as amended, and the National HighwaySystem Designation Act of 1995, Pub. L. 104‑59, as amended. TheDepartment of Transportation is authorized to apply for, receive, administer,and comply with all conditions and requirements related to federal financialassistance necessary to fund the infrastructure banking program. Theinfrastructure banking program established by the Department of Transportationmay utilize federal and available State funds for the purpose of providingloans or other financial assistance to governmental units, including tollauthorities, to finance the costs of transportation projects authorized by theabove federal aid acts. Such loans or other financial assistance shall besubject to repayment and conditioned upon the establishment of such securityand the payment of such fees and interest rates as the Department ofTransportation may deem necessary. The Department of Transportation isauthorized to apply a municipality's share of funds allocated under G.S. 136‑41.1or G.S. 136‑44.20 as necessary to ensure repayment of funds advancedunder the infrastructure banking program. The Department of Transportationshall establish jointly, with the State Treasurer, a separate infrastructurebanking account with necessary fiscal controls and accounting procedures. Fundscredited to this account shall not revert, and interest and other investmentincome shall accrue to the account and may be used to provide loans and otherfinancial assistance as provided under this subdivision. The Department ofTransportation may establish such rules and policies as are necessary toestablish and administer the infrastructure banking program. The infrastructurebanking program authorized under this subdivision shall not modify the regionaldistribution formula for the distribution of funds established by G.S. 136‑17.2A.Governmental units may apply for loans and execute debt instruments payable tothe State in order to obtain loans or other financial assistance provided forin this subdivision. The Department of Transportation shall require thatapplicants shall pledge as security for such obligations revenues derived fromoperation of the benefited facilities or systems, other sources of revenue, ortheir faith and credit, or any combination thereof. The faith and credit ofsuch governmental units shall not be pledged or be deemed to have been pledgedunless the requirements of Article 4, Chapter 159 of the General Statutes havebeen met. The State Treasurer, with the assistance of the Local GovernmentCommission, shall develop and adopt appropriate debt instruments for use underthis subdivision. The Local Government Commission shall develop and adoptappropriate procedures for the delivery of debt instruments to the Statewithout any public bidding therefor. The Local Government Commission shallreview and approve proposed loans to applicants pursuant to this subdivisionunder the provisions of Articles 4 and 5, Chapter 159 of the General Statutes,as if the issuance of bonds was proposed, so far as those provisions areapplicable. Loans authorized by this subdivision shall be outstanding debt forthe purpose of Article 10, Chapter 159 of the General Statutes.

(12b)    To issue"GARVEE" bonds (Grant Anticipation Revenue Vehicles) or othereligible debt‑financing instruments to finance federal‑aid highwayprojects using federal funds to pay a portion of principal, interest, andrelated bond issuance costs, as authorized by 23 U.S.C. § 122, as amended (theNational Highway System Designation Act of 1995, Pub. L. 104‑59). Thesebonds shall be issued by the State Treasurer on behalf of the Department andshall be issued pursuant to an order adopted by the Council of State under G.S.159‑88. The State Treasurer shall develop and adopt appropriate debtinstruments, consistent with the terms of the State and Local GovernmentRevenue Bond Act, Article 5 of Chapter 159 of the General Statutes, for useunder this subdivision. Prior to issuance of any "GARVEE" or othereligible debt instrument using federal funds to pay a portion of principal,interest, and related bond issuance costs, the State Treasurer shall determine(i) that the total outstanding principal of such debt does not exceed the totalamount of federal transportation funds authorized to the State in the priorfederal fiscal year; or (ii) that the maximum annual principal and interest ofsuch debt does not exceed fifteen percent (15%) of the expected average annualfederal revenue shown for the seven‑year period in the most recentlyadopted Transportation Improvement Program. Notes issued under the provisionsof this subdivision may not be deemed to constitute a debt or liability of theState or of any political subdivision thereof, or a pledge of the full faithand credit of the State or of any political subdivision thereof, but shall bepayable solely from the funds and revenues pledged therefor. All the notesshall contain on their face a statement to the effect that the State of NorthCarolina shall not be obligated to pay the principal or the interest on thenotes, except from the federal transportation fund revenues as shall beprovided by the documents governing the revenue note issuance, and that neitherthe faith and credit nor the taxing power of the State of North Carolina or ofany of its political subdivisions is pledged to the payment of the principal orinterest on the notes. The issuance of notes under this Part shall not directlyor indirectly or contingently obligate the State or any of its politicalsubdivisions to levy or to pledge any form of taxation whatever or to make anyappropriation for their payment.

(13)      The Department ofTransportation may construct and maintain all walkways and driveways within theMansion Square in the City of Raleigh and the Western Residence of the Governorin the City of Asheville including the approaches connecting with the citystreets, and any funds expended therefor shall be a charge against generalmaintenance.

(14)      The Department ofTransportation shall have authority to provide roads for the connection ofairports in the State with the public highway system, and to mark the highwaysand erect signals along the same for the guidance and protection of aircraft.

(15)      The Department ofTransportation shall have authority to provide facilities for the use ofwaterborne traffic and recreational uses by establishing connections betweenthe highway system and the navigable and nonnavigable waters of the State bymeans of connecting roads and piers. Such facilities for recreational purposesshall be funded from funds available for safety or enhancement purposes.

(16)      The Department ofTransportation, pursuant to a resolution of the Board of Transportation, shallhave authority, under the power of eminent domain and under the same procedureas provided for the acquirement of rights‑of‑way, to acquire titlein fee simple to parcels of land for the purpose of exchanging the same forother real property to be used for the establishment of rights‑of‑wayor for the widening of existing rights‑of‑way or the clearing ofobstructions that, in the opinion of the Department of Transportation,constitute dangerous hazards at intersections. Real property may be acquiredfor such purposes only when the owner of the property needed by the Departmentof Transportation has agreed in writing to accept the property so acquired inexchange for that to be used by the Department of Transportation, and when, inthe opinion of the Department of Transportation, an economy in the expenditureof public funds and the improvement and convenience and safety of the highwaycan be effected thereby.

(17)      The Department ofTransportation is hereby authorized and required to maintain and keep inrepair, sufficient to accommodate the public school buses, roads leading fromthe state‑maintained public roads to all public schools and public schoolbuildings to which children are transported on public school buses to and fromtheir homes. Said Department of Transportation is further authorized toconstruct, pave, and maintain school bus driveways and sufficient parkingfacilities for the school buses at those schools. The Department ofTransportation is further authorized to construct, pave, and maintain all otherdriveways and entrances to the public schools leading from public roads notrequired in the preceding portion of this subdivision.

(18)      To cooperate withappropriate agencies of the United States in acquiring rights‑of‑wayfor and in the construction and maintenance of flight strips or emergencylanding fields for aircraft adjacent to State highways.

(19)      To prohibit theerection of any informational, regulatory, or warning signs within the right‑of‑wayof any highway project built within the corporate limits of any municipality inthe State where the funds for such construction are derived in whole or in partfrom federal appropriations expended by the Department of Transportation,unless such signs have first been approved by the Department of Transportation.

(20)      The Department ofTransportation is hereby authorized to maintain and keep in repair a suitableway of ingress and egress to all public or church cemeteries or burial groundsin the State notwithstanding the fact that said road is not a part of the state‑maintainedsystem of roads. For the purpose of this subdivision a public or churchcemetery or burial ground shall be defined as a cemetery or burial ground inwhich there are buried or permitted to be buried deceased persons of thecommunity in which said cemetery or burial ground is located, but shall notmean a privately owned cemetery operated for profit or family burial plots.

(21)      The Department ofTransportation is hereby authorized and directed to remove all dead animalsfrom the traveled portion and rights‑of‑way of all primary andsecondary roads and to dispose of such animals by burial or otherwise. In caseswhere there is evidence of ownership upon the body of any dead dog, theDepartment of Transportation shall take reasonable steps to notify the ownerthereof by mail or other means.

(22)      No airport oraircraft landing area shall be constructed or altered where such constructionor alteration when undertaken or completed may reasonably affect motor vehicleoperation and safety on adjoining public roads except in accordance with awritten permit from the Department of Transportation or its duly authorizedofficers. The Department of Transportation is authorized and empowered toregulate airport and aircraft landing area construction and alteration in orderto preserve safe clearances between highways and airways and the Department ofTransportation is authorized and empowered to make rules, regulations, andordinances for the preservation of safe clearances between highways andairways. The Department of Transportation shall be responsible for determiningsafe clearances and shall fix standards for said determination which shall notexceed the standards adopted for similar purposes by the United States Bureauof Public Roads under the Federal Aid Highway Act of 1958. Any person, firm,corporation or airport authority constructing or altering an airport oraircraft landing area without obtaining a written permit as herein provided, ornot in compliance with the terms of such permit, or violating the provisions ofthe rules, regulations or ordinances promulgated under the authority of thissection shall be guilty of a Class 1 misdemeanor; provided, that thissubdivision shall not apply to publicly owned and operated airports andaircraft landing areas receiving federal funds and subject to regulation by theFederal Aviation Authority.

(23)      When in the opinionof the Department of Transportation an economy in the expenditure of publicfunds can be effected thereby, the Department of Transportation shall haveauthority to enter into agreements with adjoining states regarding theplanning, location, engineering, right‑of‑way acquisition andconstruction of roads and bridges connecting the North Carolina State highwaysystem with public roads in adjoining states, and the Department ofTransportation shall have authority to do planning, surveying, locating,engineering, right‑of‑way acquisition and construction on shortsegments of roads and bridges in adjoining states with the cost of said work tobe reimbursed by the adjoining state, and may also enter into agreements withadjoining states providing for the performance of and reimbursement to theadjoining state of the cost of such work done within the State of NorthCarolina by the adjoining state: Provided, that the Department ofTransportation shall retain the right to approve any contract for work to bedone in this State by an adjoining state for which the adjoining state is to bereimbursed.

(24)      The Department ofTransportation is further authorized to pave driveways leading from state‑maintainedroads to rural fire district firehouses which are approved by the NorthCarolina Fire Insurance Rating Bureau and to facilities of rescue squadsfurnishing ambulance services which are approved by the North Carolina StateAssociation of Rescue Squads, Inc.

(25)      The Department ofTransportation is hereby authorized and directed to design, construct, repair,and maintain paved streets and roads upon the campus of each of the State'sinstitutions of higher education, at state‑owned hospitals for thetreatment of tuberculosis, state‑owned orthopedic hospitals, juvenilecorrection centers, mental health hospitals and retarded centers, schools forthe deaf, and schools for the blind, when such construction, maintenance, orrepairs have been authorized by the General Assembly in the appropriationsbills enacted by the General Assembly. Cost for such construction, maintenance,and repairs shall be borne by the Highway Fund. Upon the General Assemblyauthorizing the construction, repair, or maintenance of a paved road or driveupon any of the above‑mentioned institutions, the Department ofTransportation shall give such project priority to insure that it shall beaccomplished as soon as feasible, at the minimum cost to the State, and in anyevent during the biennium for which the authorization shall have been given bythe General Assembly.

(26)      The Department ofTransportation, at the request of a representative from a board of countycommissioners, is hereby authorized to acquire by condemnation new oradditional right‑of‑way to construct, pave or otherwise improve adesignated State‑maintained secondary road upon presentation by saidboard to the Department of Transportation of a duly verified copy of theminutes of its meeting showing approval of such request by a majority of itsmembers and by the further presentation of a petition requesting such improvementexecuted by the abutting owners whose frontage on said secondary road shallequal or exceed seventy‑five percent (75%) of the linear front footagealong the secondary road sought to be improved. This subdivision shall not beconstrued to limit the authority of the Department of Transportation toexercise the power of eminent domain.

(27)      The Department ofTransportation is authorized to establish policies and promulgate rulesproviding for voluntary local government, property owner or highway user participationin the costs of maintenance or improvement of roads which would not otherwisebe necessary or would not otherwise be performed by the Department ofTransportation and which will result in a benefit to the property owner orhighway user. By way of illustration and not as a limitation, such costsinclude those incurred in connection with drainage improvements or maintenance,driveway connections, dust control on unpaved roads, surfacing or paving ofroads and the acquisition of rights‑of‑way. Local government,property owner and highway user participation can be in the form of materials,money, or land (for right‑of‑way) as deemed appropriate by theDepartment of Transportation. The authority of this section shall not be usedto authorize, construct or maintain toll roads or bridges.

(28)      The Department ofTransportation may obtain land, either by gift, lease or purchase which shallbe used for the construction and maintenance of ridesharing parking lots. TheDepartment may design, construct, repair, and maintain ridesharing parkingfacilities.

(29)      The Department ofTransportation may establish policies and adopt rules about the size, location,direction of traffic flow, and the construction of driveway connections intoany street or highway which is a part of the State Highway System. TheDepartment of Transportation may require the construction and public dedicationof acceleration and deceleration lanes, and traffic storage lanes and mediansby others for the driveway connections into any United States route, or NorthCarolina route, and on any secondary road route with an average daily trafficvolume of 4,000 vehicles per day or more.

(29a)    To coordinate with allpublic and private entities planning schools to provide written recommendationsand evaluations of driveway access and traffic operational and safety impactson the State highway system resulting from the development of the proposedsites. All public and private entities shall, upon acquiring land for a newschool or prior to beginning construction of a new school, relocating a school,or expanding an existing school, request from the Department a writtenevaluation and written recommendations to ensure that all proposed accesspoints comply with the criteria in the current North Carolina Department ofTransportation "Policy on Street and Driveway Access". The Departmentshall provide the written evaluation and recommendations within a reasonabletime, which shall not exceed 60 days. This subdivision shall not be construedto require the public or private entities planning schools to meet therecommendations made by the Department, except those highway improvements thatare required for safe ingress and egress to the State highway system.

(30)      Consistent with G.S.130A‑309.14(a1), the Department of Transportation shall review and reviseits bid procedures and specifications set forth in Chapter 136 of the GeneralStatutes to encourage the purchase or use of reusable, refillable, repairable,more durable, and less toxic supplies and products. The Department ofTransportation shall require the purchase or use of such supplies and productsin the construction and maintenance of highways and bridges to the extent thatthe use is practicable and cost‑effective. The Department shall preparean annual report on October 1 of each year to the Environmental ReviewCommission as required under G.S. 130A‑309.14(a1).

(31)      The Department ofTransportation is authorized to designate portions of highways as scenichighways, and combinations of portions of highways as scenic byways, forportions of those highways that possess unusual, exceptional, or distinctivescenic, recreational, historical, educational, scientific, geological, natural,wildlife, cultural or ethnic features. The Department shall remove, upon application,from any existing or future scenic highway or scenic byway designation, highwaysections that:

a.         Have no scenicvalue,

b.         Have been designatedor would be so designated solely to preserve system continuity, and

c.         Are adjacent toproperty on which is located one or more permanent structures devoted to acommercial or industrial activity and on which a commercial or industrialactivity is actually conducted, in an unzoned area or an area zoned commercialor industrial pursuant to a State or local zoning ordinance or regulation,except for commercial activity related to tourism or recreation.

TheDepartment shall adopt rules and regulations setting forth the criteria andprocedures for the designation of scenic highways and scenic byways under thissubsection.

Thoseportions of highways designated as scenic by the Department prior to July 1,1993, are considered to be designated as scenic highways and scenic bywaysunder this subsection but the Department shall remove from this designationportions of those highway sections that meet the criteria set forth in thissubsection, if requested.

(32)      The Department ofTransportation may perform dredging services, on a cost reimbursement basis,for a unit of local government if the unit cannot obtain the services from aprivate company at a reasonable cost. A unit of local government is consideredto be unable to obtain dredging services at a reasonable cost if it solicitsbids for the dredging services in accordance with Article 8 of Chapter 143 ofthe General Statutes and does not receive a bid, considered by the Departmentof Transportation Engineering Staff, to be reasonable.

(33)      The Department ofTransportation is empowered and directed, from time to time, to carefullyexamine into and inspect the condition of each railroad, its equipment andfacilities, in regard to the safety and convenience of the public and therailroad employees. If the Department finds any equipment or facilities to beunsafe, it shall at once notify the railroad company and require the company torepair the equipment or facilities.

(34)      The Department ofTransportation may conduct, in a manner consistent with federal law, a programof accident prevention and public safety covering all railroads and mayinvestigate the cause of any railroad accident. In order to facilitate thisprogram, any railroad involved in an accident that must be reported to theFederal Railroad Administration shall also notify the Department ofTransportation of the occurrence of the accident.

(35)      To establish ruralplanning organizations, as provided in Article 17 of this Chapter.

(36)      To oversee the safetyof fixed guideway transit systems in the State not regulated by the FederalRailroad Administration, pursuant to the Intermodal Surface Transportation EfficiencyAct of 1991 (49 U.S.C. § 5330). The Department shall adopt rules in conformancewith 49 U.S.C. § 5330 concerning its oversight of the safety of fixed guidewaytransit systems.

(37)      To permit private useof and encroachment upon the right‑of‑way of a State highway orroad for the purpose of construction and maintenance of a privately ownedbridge for pedestrians or motor vehicles, if the bridge shall not unreasonablyinterfere with or obstruct the public use of the right‑of‑way. Anyagreement for an encroachment authorized by this subdivision shall be approvedby the Board of Transportation, upon a finding that the encroachment isnecessary and appropriate, in the sole discretion of the Board. Locations,plans, and specifications for any pedestrian or vehicular bridge authorized bythe Board for construction pursuant to this subdivision shall be approved bythe Department of Transportation. For any bridge subject to this subdivision,the Department shall retain the right to reject any plans, specifications, ormaterials used or proposed to be used, inspect and approve all materials to beused, inspect the construction, maintenance, or repair, and require thereplacement, reconstruction, repair, or demolition of any partially or whollycompleted bridge that, in the sole discretion of the Department, is unsafe orsubstandard in design or construction. An encroachment agreement authorized bythis subdivision may include a requirement to purchase and maintain liabilityinsurance in an amount determined by the Department of Transportation. TheDepartment shall ensure that any bridge constructed pursuant to thissubdivision is regularly inspected for safety. The owner shall have the bridgeinspected every two years by a qualified private engineering firm based onNational Bridge Inspection Standards and shall provide the Department copies ofthe Bridge Inspection Reports where they shall be kept on file. Any bridgeauthorized and constructed pursuant to this subdivision shall be subject to allother rules and conditions of the Department of Transportation forencroachments.

(38)      To enter intoagreements with municipalities, counties, governmental entities, or nonprofitcorporations to receive funds for the purpose of advancing the constructionschedule of a project identified in the Transportation Improvement Program. Ifthese funds are subject to repayment by the Department, prior to receipt offunds, reimbursement of all funds received by the Department shall be shown inthe existing Transportation Improvement Program and shall be reimbursed withinseven years of receipt.

(39)      To enter intopartnership agreements with the North Carolina Turnpike Authority, privateentities, and authorized political subdivisions to finance, by tolls,contracts, and other financing methods authorized by law, the cost ofacquiring, constructing, equipping, maintaining, and operating transportationinfrastructure in this State, and to plan, design, develop, acquire, construct,equip, maintain, and operate transportation infrastructure in this State. Anagreement entered into under this subdivision requires the concurrence of theBoard of Transportation. The Department shall report to the Chairs of the JointLegislative Transportation Oversight Committee, the Chairs of the House of RepresentativesAppropriations Subcommittee on Transportation, and the Chairs of the SenateAppropriations Committee on the Department of Transportation, at the same timeit notifies the Board of Transportation of any proposed agreement under thissubdivision. Any contracts for construction of highways, roads, streets, andbridges which are awarded pursuant to an agreement entered into under thissection shall comply with the competitive bidding requirements of Article 2 ofthis Chapter.

(40)      To expand public accessto coastal waters in its road project planning and construction programs. TheDepartment shall work with the Wildlife Resources Commission, other Stateagencies, and other government entities to address public access to coastalwaters along the roadways, bridges, and other transportation infrastructureowned or maintained by the Department. The Department shall adhere to allapplicable design standards and guidelines in implementation of this enhancedaccess. The Department shall report on its progress in expanding public accessto coastal waters to the Joint Legislative Commission on Seafood andAquaculture and to the Joint Legislative Transportation Oversight Commission nolater than March 1 of each year.

(41)      The Department shall,prior to the beginning of construction, determine whether all sidewalks andother facilities primarily intended for the use of pedestrians and bicyclesthat are to be constructed within the right‑of‑way of a publicstreet or highway that is a part of the State highway system or an urbanhighway system must be constructed of permeable pavement. "Permeablepavement" means paving material that absorbs water or allows water toinfiltrate through the paving material. Permeable pavement materials includeporous concrete, permeable interlocking concrete pavers, concrete grid pavers,porous asphalt, and any other material with similar characteristics. Compactedgravel shall not be considered permeable pavement.  (1921, c. 2, s. 10; 1923, c.160, s. 1; c. 247; C.S., s. 3846(j); 1929, c. 138, s. 1; 1931, c. 145, ss. 21,25; 1933, c. 172; c. 517, c. 1; 1935, c. 213, s. 1; c. 301; 1937, c. 297, s. 2;c. 407, s. 80; 1941, c. 47; c. 217, s. 6; 1943, c. 410; 1945, c. 842; 1951, c.372; 1953, c. 437; 1957, c. 65, s. 11; c. 349, s. 9; 1959, c. 557; 1963, cc.520, 1155; 1965, c. 879, s. 1; 1967, c. 1129; 1969, c. 794, s. 2; 1971, cc.289, 291, 292, 977; 1973, c. 507, s. 5; 1977, c. 460, ss. 1, 2; c. 464, ss.7.1, 14, 42; 1981, c. 682, s. 19; 1983, c. 84; c. 102; 1985, c. 718, ss. 1, 6;1987, c. 311; c. 417, ss. 1, 2; 1989, c. 158; 1989 (Reg. Sess. 1990), c. 962,s. 1; 1993, c. 197, s. 2; c. 488, s. 1; c. 524, s. 4; c. 539, ss. 974‑977;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 247, s. 1; c. 507, s. 18.2; 1995(Reg. Sess., 1996), c. 673, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 19.10(a); 1997‑428,s. 1; 1997‑443, s. 11A.118(a); 2000‑123, s. 1; 2000‑140, s.102; 2001‑424, s. 27.27; 2003‑184, s. 1; 2003‑267, s. 1; 2004‑168, s. 1; 2005‑403, s. 2;2006‑230, s. 1(a); 2007‑428, s. 1; 2007‑439, s. 1; 2007‑485,s. 3.1; 2008‑164, s. 1; 2008‑180, ss. 2, 8; 2009‑266, s. 6;2009‑451, s. 25.6(a).)