§ 136-64.1. Applications for intermittent closing of roads within watershed improvement project by Department of Transportation; notice; regulation by Department; delegation of authority; markers. - North Carolina Statutes

§136‑64.1. Applicationsfor intermittent closing of roads within watershed improvement project byDepartment of Transportation; notice; regulation by Department; delegation ofauthority; markers.

(a)        Upon properapplication by the board of commissioners of a drainage district establishedunder the provisions of Chapter 156 of the General Statutes of North Carolina,by the board of trustees of a watershed improvement district established underthe provisions of Article 2 of Chapter 139 of the General Statutes, by theboard of county commissioners of any county operating a county watershedimprovement program under the provisions of Article 3 of Chapter 139 of theGeneral Statutes, by the board of commissioners of any watershed improvementcommission appointed by a board of county commissioners or by the board ofsupervisors of any soil and water conservation district designated by a boardof county commissioners to exercise authority in carrying out a countywatershed improvement program, the Department of Transportation, for roadscoming under its jurisdictional control, is hereby authorized to permit theintermittent closing of any secondary road within the boundaries of anywatershed improvement project operated by the applicants, whenever in thejudgment of the Department of Transportation it is necessary to do so, and whenthe secondary road will be intermittently subject to inundation by floodwatersretained by an approved watershed improvement project.

(b)        Before any permitmay be issued for the temporary inundation and closing of such a road, anapplication for such permit shall be made to the Department of Transportationby the public body having jurisdiction over the watershed improvement project.The application shall specify the secondary road involved, the anticipatedfrequency and duration of intermittent flooding of the secondary road involved,and shall request that a permit be granted to the applicant public body toallow the intermittent closing of the road.

(c)        Upon receipt ofsuch an application the Department of Transportation shall give public noticeof the proposed action by publication once each week for two consecutive weeksin a newspaper of general circulation in the county or counties within whichthe proposed intermittent closing of road or roads would occur; and suchnotices shall contain a description of the places of beginning and the placesof ending of such intermittent closing. In addition, the Department ofTransportation shall give notice to all public utilities or common carriershaving facilities located within the rights‑of‑way of any roadsbeing closed by mailing copies of such notices to the appropriate offices ofthe public utility or common carrier having jurisdiction over the affectedfacilities of the public utility or common carrier. Not sooner than 14 daysafter publication and mailing of notices, the Department of Transportation orthe municipality may issue its permit with respect to such road.

(d)        The Department ofTransportation shall have the discretion to deny any application submittedpursuant to this section, or it may grant a permit on any condition it deemswarranted. The Department, however, shall consider the use of alternate routesavailable during flooding of the roads, and any inconvenience to the public ortemporary loss of access to business, homes and property. The Department shallhave the authority to promulgate regulations for the issuance of permits underthis section and it may delegate the authority for the consideration, issuanceor denial of such permits to the State Highway Administrator. Any applicantgranted a permit pursuant to this section shall cause suitable markers to beinstalled on the secondary road to advise the general public of theintermittent closing of the road or roads involved. Such markers shall belocated and approved by the State Highway Administrator. (1975, c. 639, s. 1; 1977, c.464, s. 7.1.)