(a)  After a highway construction project has been let to contract, the applicant must make satisfactory arrangements with the highway contractor, to insure that the encroachment activity will not interfere with or delay the contractor.

(b)  A three‑party agreement between the Department, the highway contractor and the applicant shall be entered into, or the Manager of Right of Way shall be furnished a letter from the highway contractor stating that the installation of the encroachment will not be the basis of a claim for delay or additional cost to the Department.  This requirement does not apply to the adjustment or relocation of existing utilities necessitated by highway construction.


History Note:        Authority G.S. 136‑18(5); 136‑18(10); 136‑93;

Eff. April 3, 1981;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.