§ 136-93. Openings, structures, pipes, trees, and issuance of permits. - North Carolina Statutes

§ 136‑93.  Openings,structures, pipes, trees, and issuance of permits.

No opening or otherinterference whatsoever shall be made in any State road or highway other thanstreets not maintained by the Department of Transportation in cities and towns,nor shall any structure be placed thereon, nor shall any structure which hasbeen placed thereon be changed or removed except in accordance with a writtenpermit from the Department of Transportation or its duly authorized officers,who shall exercise complete and permanent control over such roads andhighways.  No State road or State highway, other than streets not maintained bythe Department of Transportation in cities and towns, shall be dug up forlaying or placing pipes, conduits, sewers, wires, railways, or other objects,and no tree or shrub in or on any State road or State highway shall be planted,trimmed, or removed, and no obstruction placed thereon, without a writtenpermit as hereinbefore provided for, and then only in accordance with theregulations of said Department of Transportation or its duly authorizedofficers or employees; and the work shall be under the supervision and to thesatisfaction of the Department of Transportation or its officers or employees,and the entire expense of replacing the highway in as good condition as beforeshall be paid by the persons, firms, or corporations to whom the permit isgiven, or by whom the work is done.  The Department of Transportation, or itsduly authorized officers, may, in its discretion, before granting a permitunder the provisions of this section, require the applicant to file asatisfactory bond, payable to the State of North Carolina, in such an amount asmay be deemed sufficient by the Department of Transportation or its dulyauthorized officers, conditioned upon the proper compliance with therequirements of this section by the person, firm, or corporation granted suchpermit.  Any person making any opening in a State road or State highway, orplacing any structure thereon, or changing or removing any structure thereonwithout obtaining a written permit as herein provided, or not in compliancewith the terms of such permit, or otherwise violating the provisions of thissection, shall be guilty of a Class 1 misdemeanor:  Provided, this section shallnot apply to railroad crossings.  The railroads shall keep up said crossings asnow provided by law. (1921, c. 2, s. 13; 1923, c. 160, s. 2; C.S., s.3846(u); 1933, c. 172, s. 17; 1943, c. 410; 1957, c. 65, s. 11; 1973, c. 507,s. 5; 1977, c. 464, s. 7.1; 1993, c. 539, s. 992; 1994, Ex. Sess., c. 24, s.14(c).)