§ 136-44.50. Transportation corridor official map act. - North Carolina Statutes

Article 2E.

Transportation CorridorOfficial Map Act.

§ 136‑44.50. Transportation corridor official map act.

(a)        A transportationcorridor official map may be adopted or amended by any of the following:

(1)        The governing boardof any local government for any thoroughfare included as part of acomprehensive plan for streets and highways adopted pursuant to G.S. 136‑66.2or for any proposed public transportation corridor included in the adopted long‑rangetransportation plan.

(2)        The Board ofTransportation, or the governing board of any county, for any portion of theexisting or proposed State highway system or for any public transportationcorridor, to include rail, that is in the Transportation Improvement Program.

(3)        Regional publictransportation authorities created pursuant to Article 26 of Chapter 160A ofthe General Statutes or regional transportation authorities created pursuant toArticle 27 of Chapter 160A of the General Statutes for any portion of theexisting or proposed State highway system, or for any proposed publictransportation corridor, or adjacent station or parking lot, included in theadopted long‑range transportation plan.

(4)        The North CarolinaTurnpike Authority for any project being studied pursuant to G.S. 136‑89.183.

(5)        The Wilmington UrbanArea Metropolitan Planning Organization for any project that is within itsurbanized boundary and identified in G.S. 136‑179.

Before a city adopts atransportation corridor official map that extends beyond the extraterritorialjurisdiction of its building permit issuance and subdivision controlordinances, or adopts an amendment to a transportation corridor official mapoutside the extraterritorial jurisdiction of its building permit issuance andsubdivision control ordinances, the city shall obtain approval from the Boardof County Commissioners.

(a1)      No property may beregulated under this Article until:

(1)        The governing boardof the city, the county, the regional transportation authority, the NorthCarolina Turnpike Authority, or the Department of Transportation has held apublic hearing in each county affected by the map on the proposed map oramendment. Notice of the hearing shall be provided:

a.         By publication atleast once a week for four successive weeks prior to the hearing in a newspaperhaving general circulation in the county in which the transportation corridorto be designated is located.

b.         By two week writtennotice to the Secretary of Transportation, the Chairman of the Board of CountyCommissioners, and the Mayor of any city or town through whose corporate orextraterritorial jurisdiction the transportation corridor passes.

c.         By posting copies ofthe proposed transportation corridor map or amendment at the courthouse doorfor at least 21 days prior to the hearing date. The notice required in sub‑subdivisiona. above shall make reference to this posting.

d.         By first‑classmail sent to each property owner affected by the corridor. The notice shall besent to the address listed for the owner in the county tax records.

(1a)      The transportationcorridor official map has been adopted or amended by the governing board of thecity, the county, the regional transportation authority, the North CarolinaTurnpike Authority, or the Department.

(2)        A permanentcertified copy of the transportation corridor official map or amendment hasbeen filed with the register of deeds. The boundaries may be defined by map orby written description, or a combination thereof. The copy shall measureapproximately 20 inches by 12 inches, including no less than one and one‑halfinches binding space on the left‑hand side.

(3)        The names of allproperty owners affected by the corridor have been submitted to the Register ofDeeds.

(b)        Transportationcorridor official maps and amendments shall be distributed and maintained inthe following manner:

(1)        A copy of theofficial map and each amendment thereto shall be filed in the office of thecity clerk and in the office of the district engineer.

(2)        A copy of theofficial map, each amendment thereto and any variance therefrom grantedpursuant to G.S. 136‑44.52 shall be furnished to the tax supervisor ofany county and tax collector of any city affected thereby. The portion ofproperties embraced within a transportation corridor and any variance grantedshall be clearly indicated on all tax maps maintained by the county or city forsuch period as the designation remains in effect.

(3)        Notwithstanding anyother provision of law, the certified copy filed with the register of deedsshall be placed in a book maintained for that purpose and cross‑indexedby number of road, street name, or other appropriate description. The registerof deeds shall collect a fee of five dollars ($5.00) for each map sheet or pagerecorded.

(4)        The names submittedas required under subdivision (a1)(3) of this section shall be indexed in the"grantor" index by the Register of Deeds.

(c)        Repealed by SessionLaws 1989, c. 595, s. 1.

(d)        Within one yearfollowing the establishment of a transportation corridor official map oramendment, work shall begin on an environmental impact statement or preliminaryengineering. The failure to begin work on the environmental impact statement orpreliminary engineering within the one‑year period shall constitute anabandonment of the corridor, and the provisions of this Article shall no longerapply to properties or portions of properties embraced within thetransportation corridor. A local government may prepare environmental impactstudies and preliminary engineering work in connection with the establishmentof a transportation corridor official map or amendments to a transportationcorridor official map. When a city or county prepares a transportation corridorofficial map for a street or highway that has been designated a Stateresponsibility pursuant to G.S. 136‑66.2, the environmental impact studyand preliminary engineering work shall be reviewed and approved by theDepartment of Transportation. An amendment to a corridor shall not extend theone‑year period provided by this section unless it establishes asubstantially different corridor in a primarily new location.

(e)        The term"amendment" for purposes of this section includes any change to atransportation corridor official map, including:

(1)        Failure of theDepartment of Transportation, the North Carolina Turnpike Authority, a city, acounty, or a regional transportation authority to begin work on anenvironmental impact statement or preliminary engineering as required by thissection; or

(2)        Deletion of thecorridor from the transportation corridor official map by action of the Boardof Transportation, the North Carolina Turnpike Authority, or deletion of thecorridor from the long‑range transportation plan of a city, county, orregional transportation authority by action of the city, county, or regionaltransportation authority governing Board.

(f)         The term"transportation corridor" as used in this Article does not includebikeways or greenways.  (1987, c. 747, s. 19; 1989, c. 595, s. 1; 1998‑184, s. 1; 2005‑275,s. 1; 2005‑418, s. 9; 2006‑237, s. 1; 2008‑180, s. 3; 2009‑332,ss. 1, 2; 2009‑570, s. 44.)