Permits for the placement of garbage collection containers shall be issued only under the following circumstances:

(1)           No garbage collection container site shall be located on any State highway rights‑of‑way except by written authorization of the Department of Transportation upon submission of a Right of Way Encroachment Agreement For Non-Utility Encroachments on Primary and Secondary Highways (FORM R/W 16.1A (January, 1981)).

(2)           No garbage collection container shall be located within 500 feet of an occupied dwelling unless the applicant obtains written permission from the owner of the dwelling.

(3)           An application for a site permit may be obtained from and shall be submitted to the District Engineer for the county in which the garbage container is proposed to be located.

(4)           Guidelines for container sites are as follows:

(a)           The county or municipality requesting the permit shall be responsible for any work to be performed in preparation of the site. Any work performed on the site by the Department of Transportation shall be on a reimbursable basis in accordance with rules 19A NCAC 02E .0501 and 19A NCAC 02E .0502;

(b)           Container sites adjacent to paved roadways shall be constructed in accordance with FORM R/W 16.1A; and

(c)           Container sites adjacent to unpaved roads shall be prepared with materials similar to those existing on the traveled portion of the roadway.

(5)           When container sites are located in areas requiring drainage, drainage shall be in accordance with FORM R/W 16.1A.

(6)           Whenever container sites are located adjacent to the roadway, sight distances shall be provided for any vehicle to safely enter the road from the container site.

(7)           Container sites shall be permitted adjacent to roadways only when lateral clearances can be provided from the edge of pavement to the container.

(8)           The county or municipality which holds a permit for the placement of garbage collection containers as provided herein shall maintain a collection schedule in order to prevent spillage or overflow from said containers and shall keep the site free from all garbage and trash other than that which is within the garbage collection containers which are authorized by the permit.  The District Engineers shall give written notice to the county or municipality of any failure to comply with this requirement. If a county or municipality which is so notified does not bring the site within compliance of the requirement within 30 days of receipt of the written notice, the District Engineer shall then revoke the permit and dispose of the garbage collection containers accordingly.

Note: A booklet describing the guidelines used by the Department of Transportation in granting permits is available from the local division office free of charge.


History Note:        Authority G.S. 136‑18.3; 136‑18(10);

Legislative Objection [(a)] Lodged Eff. August 19, 1980;

Legislative Objection [(a)] Removed Eff. April 23, 1981;

Eff. July 1, 1978;

Amended Eff. March 1, 2013; November 1, 1993; October 1, 1991; April 3, 1981; April 11, 1980.