19A NCAC 02B .0315      NEGOTIATION WITH MUNICIPALITIES AND MUNICIPAL AGREEMENTS

Transportation projects within municipalities shall be constructed in accordance with a municipal agreement that is executed by the municipality and the Board when the construction includes any financial participation by the municipality in project costs, or the municipality requests additional work that results in maintenance responsibilities or financial participation by the municipality. If there is no financial participation by the municipality, no additional work requested by the municipality, and no maintenance requirements by the municipality, then a municipal agreement shall not be required under the terms of this Rule. If a municipal agreement is necessary in accordance with this Rule, then the agreement shall set forth conditions including whether the Department or the municipality will acquire the right-of-way, and shall identify any financial participation by the municipality.

History Note:        Authority G.S. 136‑18(2); 136‑19; 136‑66.3; 143B‑24; 143B‑350(f)(g);

Eff. July 1, 1978;

Transferred and Recodified from 19A NCAC 2B .0119 Eff. October 1, 1993;

Amended Eff. December 1, 1993;

Readopted Eff. June 1, 2019.