19A NCAC 02E .0404      HIGHWAY OBSTRUCTIONS INTERFERING WITH TRAFFIC/MAINTENANCE

(a)  It shall be unlawful to place any highway obstruction, including, but not limited to, a driveway headwall, fence, rural mailbox, newspaper delivery box, or other roadside obstruction, so as to interfere with the traffic or maintenance of the roads and highways of the State highway system.

(b)  If the Department determines that any highway obstruction, constitutes a roadside collision hazard, the highway obstruction shall be removed by the person or entity responsible for placing the obstruction within the right-of-way within 30 days of receipt of written notice from the Department. Only mailboxes or newspaper delivery boxes with 4" x 4" wooden or small diameter metal posts shall be permitted on road additions made to the State highway system after May 3, 1990. If determined to be a roadside collision hazard, the location of any brick column, mailboxes, or newspaper delivery boxes, on rigid stands such as block, stone, or any other type of material, shall be prohibited within the State highway system right-of-way.

(c)  If a person fails to remove the highway obstruction in accordance with Paragraph (b) of this Rule, the Division Engineer may take action to remove the obstruction and bill the responsible party for the expense.

History Note:        Authority G.S. 136‑18(5); 136‑90;

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991;

Readopted Eff. July 1, 2019.