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

Highway obstructions include driveway headwalls, fences, rural mailboxes, newspaper delivery boxes and other roadside obstructions interfering with traffic or maintenance.

(1)           It shall be unlawful to place any highway obstruction, including 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.

(2)           If the department determines, that any highway obstruction, including a driveway headwall, fence, rural mailbox, newspaper delivery box, its supports or other roadside obstruction, constitutes an unreasonable roadside collision hazard, the highway obstruction shall be removed by the person responsible for placing the obstruction within the right of way within 30 days of receipt of a written notice from the department to the person responsible for placing the obstruction within the right of way.

(3)           Only mailboxes or newspaper delivery boxes with non‑rigid type posts, such as a 4" x 4" wooden or a small diameter metal type, are permitted on road additions made to the state highway system after May 3, 1990.  The location within the right of way of an addition to the system of any brick columns, mailboxes or newspaper delivery boxes on rigid stands such as block, stone, or any other type determined to be a traffic hazard is prohibited.

(4)           The failure of the person responsible for placing the unlawful obstruction within the right of way, to remove the obstruction within 30 days after written notice by the Department of Transportation shall constitute a misdemeanor.  Failure to remove or make safe any mailbox or newspaper delivery box, its supports or any other obstruction within the specified 30 days of this Rule shall be cause for the Department's Division Engineer to take action to remove the unacceptable mailbox or newspaper delivery box, its supports or other obstruction installation and also bill the responsible party for the expense of removal if appropriate.

 

History Note:        Authority G.S. 136‑18(5); 136‑90; 136‑93; 143B‑350(f)(13);

Eff. July 1, 1978;

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