SUBCHAPTER 2E ‑ MISCELLANEOUS OPERATIONS

SECTION .0100 ‑ TORT CLAIMS

19A NCAC 02E .0101 CLAIMS INVOLVING THE DIVISION OF HIGHWAYS

(a) To assist persons in processing a claim against the State of North Carolina as a result of accidents involving division of highways' marine vessels and claims involving accidents on facilities maintained by the division of highways, Form 141‑‑ "Statement of Claimant" is made available.

(b) Form 141‑‑ "Statement of Claimant" is provided by the division of highways to be completed by the claimant, providing such information as the name and address of the damaged party and other information relative to the claim.

(c) Copies of Form 141‑"Statement of Claimant" may be obtained from the Chief Engineer - Operations, or any highway division engineer, highway district engineer, or ferry division headquarters office.

Note: See G.S. 143‑291 through ‑299.1 on "Tort Claims against the State Departments and Agencies" for the procedures for complaints.

History Note: Authority G.S. 143‑291 to 299; 143‑299.1; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

19A NCAC 02E .0102 ACCIDENTS INVOLVING STATE‑OWNED VEHICLES OR EQUIPMENT

(a) Division of Highways' vehicles or equipment are covered by liability insurance with the Travelers Insurance Companies. This coverage includes any type of claim that is related to an accident involving a self‑propelled vehicle. In addition to accidents, involving the collision of a state‑owned vehicle and privately‑owned property, other examples of coverage are:

(1) paint spraying from pavement marking machines;

(2) paint spraying from air compressors;

(3) asphalt spray from distributors;

(4) sand blasting;

(5) objects falling from vehicles;

(6) objects thrown by mowers, etc.

(b) Claimants may contact Travelers Insurance Companies at:

The Travelers Insurance Companies

P.O. Box 220379

Charlotte, North Carolina 28222.

History Note: Authority G.S. 143‑291 to 299; 143‑299.1; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

section .0200 – outdoor advertising

19A NCAC 02E .0201 DEFINITIONS FOR OUTDOOR ADVERTISING CONTROL

In addition to the definitions set forth in G.S. 136-128, the following definitions shall apply for purposes of outdoor advertising control:

(1) Abandoned Sign: A sign that is not being maintained as required by the rules in this Section. The absence of a valid lease is one indication of an abandoned sign. An outdoor advertising sign structure shall be considered to be abandoned if for a period of 12 months the sign has been without a message, contains obsolete advertising matter, or is significantly damaged or dilapidated.

(2) Automatic Changeable Facing Sign: A sign, display, or device which changes the message or copy on the sign facing electronically by movement or rotation of panels or slats.

(3) Blank Sign: A sign structure on which all faces contain no message, or which contains only a telephone number advertising its availability.

(4) Comprehensive Zoning: Zoning by local zoning authorities of each parcel of land under the jurisdiction of the local zoning authority placed in a zoning classification pursuant to a comprehensive plan, or reserved for future classification.

(a) A comprehensive plan means a development plan which guides decisions by the local zoning authority relating to zoning and the growth and development of the area.

(b) Even if comprehensively enacted, the following criteria shall determine whether such zoning is enacted primarily to permit outdoor advertising:

(i) The zoning classification provides for limited commercial or industrial activity only incidental to other primary land uses;

(ii) The commercial or industrial activities are permitted only by variance or special exceptions; or

(iii) The zoning constitutes spot or strip zoning. "Spot zoning" or "strip zoning" is zoning designed primarily for the purpose of permitting outdoor advertising signs in an area which would not normally permit outdoor advertising.

(5) Conforming Sign: A sign legally erected in a zoned or unzoned commercial or industrial area which meets all current legal requirements for erecting a new sign at that site.

(6) Controlled Access Highway: A highway on which entrance and exit accesses are permitted only at designated points.

(7) Controlled Route: Any interstate or federal-aid primary highway as it existed on June 1, 1991, and any highway which is or becomes a part of the National Highway System (NHS).

(8) Destroyed Sign: A sign no longer in existence due to factors other than vandalism or other criminal or tortious acts. An example of a destroyed sign includes a sign which has been blown down by the wind and sustains damage in excess of 50 percent as determined by the criteria in 19A NCAC 02E .0225(f).

(9) Dilapidated Sign: A sign which is shabby, neglected, or in disrepair, or which fails to be in the same form as originally constructed, or which fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include, but are not limited to, structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, intended messages cannot be interpreted by the motoring public, or a sign which is blocked by overgrown vegetation outside the highway right of way.

(10) Directional Sign: A sign which contains directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. Directional and other official signs and notices include, but are not limited to, public utility signs, service club and religious notices, or public service signs.

(a) Public Service Sign: A sign located on a school bus stop shelter which meets all the following requirements:

(i) identifies the donor, sponsor or contributor of said shelter;

(ii) is located on a school bus shelter which is authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved;

(iii) contains only safety slogans or messages which shall occupy not less than 60 percent of the area of the sign;

(iv) does not exceed 32 square feet in area; and

(v) contains not more than one sign facing in any one direction.

(b) Public Utility Sign: A warning sign, informational sign, notice or other marker customarily erected and maintained by publicly or privately owned utilities, which are essential to their operations.

(c) Service Club and Religious Notices: Any sign or notice authorized by law which relates to meetings of nonprofit service clubs, charitable associations, or religious services. These signs shall not exceed eight square feet in area.

(11) Discontinued Sign: A sign no longer in existence. A discontinued sign includes a sign of which any part of a sign face is missing more than 180 days. In some cases, a sign may be both discontinued and dilapidated.

(12) Freeway: A divided arterial highway for through traffic with full control of access.

(13) Highway: A highway that is designated as a part of the interstate or federal-aid primary highway system as of June 1, 1991, or any highway which is or becomes a part of the National Highway System. A highway shall be a part of the National Highway System on the date the location of the highway has been approved finally by the appropriate federal authorities.

(14) Lease: An agreement, in writing, by which possession or use of land or interests therein is given for a specified purpose and period of time, and which is a valid contract under North Carolina laws.

(15) Main Traveled Way or Traveled Way: Part of a highway on which through traffic is carried, exclusive of paved shoulders. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a traveled way. It does not include frontage roads, turning roadways, or parking areas.

(16) Nonconforming Sign: A sign which was lawfully erected but which does not comply with the provisions of State law or rules passed at a later date or which later fails to comply with State law or rules due to changed conditions. For purposes of the outdoor advertising rules, nonconforming signs also include those signs which have become nonconforming pursuant to 19A NCAC 02E .1002(d) on scenic byways which were part of the interstate or federal-aid primary highway system as of June 1, 1991, or which are or become a part of the National Highway System.

(17) Official Sign/Notice: A sign or notice erected and maintained by public officers or public agencies within their territorial or zoning jurisdictions and pursuant to and in accordance with federal, state, or local law for the purpose of carrying out an official duty or responsibility. Official signs and notices include, but are not limited to, historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies.

(18) On-premise/On-property Sign: A sign which advertises the sale or lease of property upon which it is located or which advertises an activity conducted or product for sale on the property upon which it is located. An on-premise sign may not be converted to a permitted outdoor advertising sign unless it meets all rules in effect at the time of the conversion request. An on-premise sign must be located on property contiguous to the property on which the activity is located. Tracts not considered to be contiguous include, but are not limited to:

(a) Tracts of land separated by a federal, state, city, or public access maintained road;

(b) Tracts of land not under common ownership; or

(19) Parkland: Any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

(20) Permit Holder: A permit holder shall be the sign owner, and for purposes of the rules in this Section the terms and definitions shall be interchangeable, unless the Department of Transportation, through the appropriate district office, has been notified in writing that the permit holder is a person or entity other than the actual owner of the sign. In this case, the actual sign owner’s name, mailing address, and telephone number must be declared.

(21) Salvageable Sign Components: Components of the original sign structure prior to the damage that can be repaired or replaced on site by the use of labor only. If any materials, other than nuts, bolts, nails or similar hardware, are required in order to repair a component, the component is not considered to be salvageable.

(22) Scenic Area: Any area of particular beauty or historical significance as determined by the federal, state, or local official having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation and enhancement of beauty.

(23) Scenic Byway: A scenic highway or scenic byway designated by the Board of Transportation, regardless of whether the route so designated was part of the interstate or federal-aid primary highway system as of June 1, 1991, or any highway which is or becomes a part of the National Highway System.

(24) Sign: Any outdoor sign, sign structure, display, light, device, figure, painting, drawing, message, placard, poster, billboard, or other object which is designed, intended, or used to advertise or inform. A sign includes any of the parts or material of the structure, such as beams, poles, posts, and stringers, the only eventual purpose of which is to ultimately display a message or other information for public view. For purposes of these rules, the term "sign" and its definition shall be interchangeable with the following terms: outdoor advertising, outdoor advertising sign, outdoor advertising structure, outdoor advertising sign structure, sign structure, and structure.

(25) Sign Conforming by Virtue of the "Grandfather Clause:" A sign legally erected prior to the effective date of the Outdoor Advertising Control Act or prior to the addition of a route to the interstate or federal-aid primary system or NHS in a zoned or unzoned commercial or industrial area which does not meet all current standards for erecting a new sign at that site.

(26) Sign Face: The part of the sign, including trim and background, which contains the message or informative contents. For purposes of measuring the maximum area or height of a sign, embellishments or extended advertising shall be excluded.

(27) Sign Location/Site: A sign location or site for purposes of these rules shall be measured to the closest 1/100th of a mile, in conformance with Department of Transportation methods of measurement for all state roads. The location or site shall be determined and listed on each outdoor advertising permit application by DOT personnel.

(28) Sign Owner: A sign owner shall be the permit holder of record, and for purposes of the rules in this Section the terms and definitions shall be interchangeable, unless the Department of Transportation, through the appropriate district office, has been notified in writing that the sign owner is a person or entity other than the actual holder of the permit. In this case, the actual sign owner's name, mailing address, and telephone number must be declared.

(29) Significantly Damaged Sign: A sign which has been damaged or partially destroyed due to factors other than vandalism or other criminal or tortious acts to such extent that the damage to the sign is greater than fifty percent as determined by the criteria in 19A NCAC 02E .0225(f).

(30) Unzoned Commercial or Industrial Area: An area which is not zoned by state or local law, regulation, or ordinance, and which is within 660 feet of the nearest edge of the right of way of the interstate or federal-aid primary system or NHS, in which there is at least one commercial or industrial activity that meets all requirements specified in 19A NCAC 02E .0203(5).

(31) Zoned Commercial or Industrial Area: An area which is zoned for business, industry, commerce, or trade pursuant to a state or local zoning ordinance or regulation. Local zoning action must be taken pursuant to the state's zoning enabling statute or constitutional authority in accordance therewith. Zoning which is not part of comprehensive zoning or which is created primarily to permit outdoor advertising structures shall not be recognized as valid zoning for purposes of the Outdoor Advertising Control Act and the rules promulgated thereunder, unless the land is developed for commercial or industrial activity as defined under 19A NCAC 02E .0203(5).

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; December 1, 1993; March 1, 1993; December 1, 1990; January 1, 1984.

19A NCAC 02E .0202 AGREEMENT

(a) The Department of Transportation has entered into an agreement with the United States Department of Transportation relating to the control of outdoor advertising in areas adjacent to the interstate and federal‑aid primary highway systems or NHS in accordance with Section 131(b), and Section 104 of Title 23 of the United States Code and Part 750 of Title 23 of the Code of Federal Regulations. To the extent that these federal regulations and subsequent amendments and editions are more restrictive than North Carolina Department of Transportation rules, these federal regulations are expressly incorporated by reference as part of this section. Copies of Title 23 of the United States Code are available from the Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. The Code of Federal Regulations, Title 23, is available from the same address.

(b) A copy of this agreement is on permanent file in the Office of the State Highway Administrator.

History Note: Authority G.S. 136‑138; 143B‑350(f); 150B‑21.6;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981.

19A NCAC 02E .0203 OUTDOOR ADVERTISING ON CONTROLLED ROUTES

The following standards shall apply to the erection and maintenance of outdoor advertising signs in all zoned and unzoned commercial and industrial areas located within 660 feet of the nearest edge of the right of way of the controlled route. The standards shall not apply to those signs enumerated in G.S. 136-129(1), (2), (2a) and (3), which are directional and other official signs and notices, signs advertising the sale or lease of property upon which they are located, signs advertising the sale of crops at roadside stands, and signs which advertise activities conducted on the property upon which they are located.

(1) Configuration and Size of Signs:

(a) The maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and maximum length of 60 feet, inclusive of any border and trim but excluding the base or apron, embellishments, extended advertising space, supports, and other structural members.

(b) The area shall be calculated by measuring the outside dimensions of face, excluding any apron, embellishments, or extended advertising space.

(c) The maximum size limitations shall apply to each side of a sign structure; the signs may be placed back-to-back, side-by-side; or in V-type construction with not more than two displays to each facing, and such sign structure shall be considered as one sign.

(d) Side-by-side signs shall be structurally tied together to be considered as one sign structure.

(e) V-type and back-to-back signs shall not be considered as one sign if located more than 15 feet apart at their nearest points.

(f) The height of any portion of the sign structure, excluding cutouts or embellishments, as measured vertically from the adjacent edge of pavement of the main traveled way shall not exceed 50 feet.

(g) Double-decking of sign faces so that one is on top of the other is prohibited.

(2) Spacing of Signs:

(a) Signs may not be located in a manner to obscure, or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device, or to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

(b) Controlled Routes with Fully Controlled Access (Freeways):

(i) No two structures shall be spaced less than 500 feet apart.

(ii) Outside the corporate limits of towns and cities, no structure may be located within 500 feet of an interchange, collector distributor, intersection at grade, safety rest area or information center regardless of whether the main traveled way is within or outside the town or city limits. The 500 feet spacing shall be measured from the point at which the pavement widens and the direction of measurement shall be along the edge of pavement away from the interchange, collector distributor, intersection at grade, safety rest area or information center. In those interchanges where a quadrant does not have a ramp, the 500 feet for the quadrant without a ramp shall be measured along the outside edge of main traveled way for freeways as follows:

(A) Where a route is bridged over a freeway, the 500 foot measurement shall begin on the outside edge of pavement of the freeway at a point directly below the edge of the bridge. The direction of measurement shall be along the edge of pavement away from the interchange.

(B) Where a freeway is bridged over another route, the 500 foot measurement shall be made from the end of the bridge in the quadrant. The direction of measurement shall be along the edge of main traveled way away from the bridge.

(C) Where the routes involved are both freeways, measurements on both routes shall be made according to (A) or (B) of this Subitem, whichever applies.

Should there be a situation where there is more than one point at which the pavement widens along each road within a quadrant, the measurement shall be made from the pavement widening which is farthest from the intersecting roadways.

(i) Outside of incorporated towns and cities --no two structures shall be spaced less than 300 feet apart.

(ii) Within incorporated towns and cities --no two structures shall be spaced less than 100 feet apart.

(d) The foregoing provisions for the spacing of signs do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at any one time.

(e) Official and "on-premise" signs, as permitted under the provisions of G.S. 136-129(1), (2), (2a) and (3), and structures that are not lawfully maintained shall not be included nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

(f) The minimum distance between structures shall be measured along the nearest edge of the main traveled way between points directly opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highways.

(3) Lighting of Signs; Restrictions:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights including animated or scrolling advertising, are prohibited, unless expressly allowed under Item 4, of this rule except those giving public service information such as time, date, temperature, weather, or similar information.

(b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the controlled routes and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with the operation of a motor vehicle are prohibited.

(c) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

(d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the state.

(e) Lighting shall not be added to or used to illuminate nonconforming signs or signs conforming by virtue of the grandfather clause.

(4) Automatic Changeable Facing Sign:

(a) Automatic changeable facing signs shall be permitted on the controlled routes under the following conditions:

(i) The sign does not contain or display flashing, intermittent, or moving lights, including animated or scrolling advertising;

(i) The changeable facing remains in a fixed position for at least eight seconds;

(iii) If a message is changed electronically, it must be accomplished within an interval of two seconds or less;

(iv) The sign is not placed within 1,000 feet of another automatic changeable facing sign on the same side of the highway;

(v) The 1000-foot distance shall be measured along the nearest edge of the pavement and between points directly opposite the signs along each side of the highway;

(vi) A legally conforming structure may be modified to an automatic changeable facing upon compliance with these standards and approval by the Department. Nonconforming or grandfathered structures shall not be modified to an automatic changeable facing;

(vii) The sign must contain a default design that will freeze the sign in one position if a malfunction occurs; and

(viii) The sign application meets all other permitting requirements.

(b) The outdoor advertising permit shall be revoked for failure to comply with this Item.

(5) Unzoned Commercial or Industrial Area Qualification for Signs:

(a) To qualify an area unzoned commercial or industrial for the purpose of outdoor advertising control, one or more commercial or industrial activities shall meet all of the following criteria prior to submitting an outdoor advertising permit application:

(i) The activity shall maintain all necessary business licenses as may be required by applicable state, county or local law or ordinances;

(ii) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law;

(iii) The activity shall be connected to basic utilities including but not limited to power, telephone, water, and sewer, or septic service;

(iv) The activity shall have direct or indirect vehicular access and be a generator of vehicular traffic;

(v) The activity shall have a building designed with a permanent foundation, built or modified for its current commercial or industrial use, and the building must be located within 660 feet from the nearest edge of the right of way of the controlled route. Where a mobile home or recreational vehicle is used as a business or office, the following conditions and requirements also apply;

(A) The mobile home unit or recreational vehicle shall meet the North Carolina State Building Code criteria for commercial or business use.

(B) A self-propelled vehicle shall not qualify for use as a business or office for the purpose of these rules.

(D) The unit shall be permanently secured on piers, pad, or foundation.

(E) The unit shall be tied down in accordance with local, state, or county requirements;

(vi) The commercial or industrial activity must be in active operation a minimum of six months prior to the date of submitting an application for an outdoor advertising permit;

(vii) The activity shall be open to the public during hours that are normal and customary for that type of activity in the same or similar communities but not less than 20 hours per week;

(viii) One or more employees shall be available to serve customers whenever the activity is open to the public; and

(ix) The activity shall be visible and recognizable as commercial or industrial from the main traveled way of the controlled route. An activity is visible when that portion on which the permanent building designed, built, or modified for its current commercial use can be clearly seen twelve months a year by a person of normal visual acuity while traveling at the posted speed on the main traveled way of the controlled route adjacent to the activity. An activity is recognizable as commercial or industrial when its visibility from the main traveled way of the controlled route is sufficient for the activity to be identified as commercial or industrial.

(b) Each side of the controlled route shall be considered separately. All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activity, not from the property line of the activity and shall be along the nearest edge of the main traveled way of the controlled route.

(d) To qualify an area as unzoned commercial or industrial for the purpose of outdoor advertising control, none of the following activities shall be recognized:

(i) Outdoor advertising structures;

(ii) On-premise or on-property signs defined by Rule .0201(18) of this Section if the on-premise/on-property sign is the only part of the commercial or industrial activity that is visible from the main-traveled way;

(iii) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to temporary wayside fresh produce stands;

(iv) Transient or temporary activities;

(v) Activities not visible and recognizable as commercial or industrial from the traffic lanes of the main traveled way;

(vi) Activities more than 660 feet from the nearest edge of the right of way;

(vii) Activities conducted in a building principally used as a residence;

(viii) Railroad tracks and minor sidings;

(ix) Any outdoor advertising activity or any other business or commercial activity carried on in connection with an outdoor advertising activity; and

(x) Illegal junkyards, as defined in G.S. 136-146, and nonconforming junkyards as set out in G.S. 136-147;

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; November 1, 1988.

19A NCAC 02E .0204 LOCAL ZONING AUTHORITIES

Local zoning authorities may certify to the Board of Transportation when they have established effective control within zoned commercial and industrial areas, through regulations or ordinances with respect to size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965, Section 131 of Title 23 of the United States Code, and with customary use. Upon authorization from the State Highway Administrator to the local zoning authority, the size, lighting and spacing requirements set forth in G.S. 136 Articles 11 and 11A or 19A NCAC 2E .0200, will not apply to those areas and the local zoning authority shall be authorized to issue permits for the erection and maintenance of outdoor advertising signs.

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

19A NCAC 02E .0205 PERMITS REQUIRED

History Note: Authority G.S. 136‑130; 136‑133;

Eff. July 1, 1978;

Amended Eff. June 15, 1981;

Repealed Eff. November 1, 1993.

19A NCAC 02E .0206 APPLICATIONS

(a) An application for an outdoor advertising permit shall be made on NCDOT form OA-1, which may be obtained at any District Office. Upon completion, the application shall be submitted to the district office for the district where the proposed site is located. The application shall include the following attachments:

(1) A written lease or written proof of interest in the land where a sign is proposed to be constructed. An applicant may delete information pertaining to term and amount of lease;

(2) A right of entry form to provide the right of entry from the property owner or adjacent property owners to allow DOT personnel to enter upon property when necessary for the enforcement of the Outdoor Advertising Control Act or these rules;

(3) If zoned, a written statement from the local zoning authority indicating the present zoning of the parcel and its effective date. Upon request of the district engineer, the applicant shall submit copies of minutes from the appropriate zoning authority pertinent to the zoning action;

(4) If the area is an unzoned commercial or industrial area, a copy of the documentation confirming that the requirements under .19A NCAC 02E .0203(5)(a)(i) and (ii) have been met;

(5) A sign permit of zoning permit, if required by the local government having jurisdiction over the proposed location;

(6) A written certification from the sign owner indicating there has been no misrepresentation of any material facts regarding the permit application, or other information supplied to acquire a permit; and

(7) The initial nonrefundable permit fee.

(b) Any omission of attachments or certification required in Items (1) through (7) in this Rule may cause the rejection of the application. If the application is incomplete, the entire application package, including application fee, shall be returned to the applicant.

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981.

19A NCAC 02E .0207 FEES AND RENEWALS

(a) Initial and annual renewal fees shall be paid by the sign owners for each permit requested in order to defer the costs of the administrative and inspection expenses incurred by the Division of Highways of the Department of Transportation in administering the permit procedures.

(b) An initial nonrefundable fee of one hundred and twenty dollars ($120.00) per outdoor advertising structure shall be submitted with each permit application and an annual nonrefundable renewal fee of sixty dollars ($60.00) per sign structure shall be paid by the sign owners on or before April 15 of each year to the appropriate district engineer. Sign owners must return the information required under Paragraph (c) of this Rule with their annual renewal fees.

(c) The Division of Highways of the Department of Transportation shall send an invoice for the annual renewal fee to each sign owner/permit holder with a valid permit. For a renewal to be approved, the sign owner/permit holder must submit the signed invoice along with the renewal fee. If requested, the permit holder/sign owner shall provide a valid lease or other proof of interest in the land where the sign is located. Failure to submit this documentation within 30 days of written request from the District Engineer by certified mail will subject the permit to revocation under 19A NCAC 2E .0210(4).

History Note: Authority G.S. 136-130; 136-133;

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991; December 1, 1990; July 1, 1986;

Temporary Amendment Eff. November 16, 1999;

Amended Eff. August 1, 2000.

19A NCAC 02E .0208 PERMIT AND PERMIT EMBLEM

(a) A permit shall be issued for lawful outdoor advertising structures by the Division of Highways of the Department of Transportation upon proper application, approval, and the payment of the nonrefundable initial permit fee.

(b) The erection of new outdoor advertising structures shall not commence until a permit has been approved and the emblem issued. The outdoor advertising structure except all sign faces must be completely constructed and erected within 180 days from the date of approval of the permit and issuance of the emblem. If the outdoor advertising structure except sign faces is not constructed within 180 days from the date of approval of the permit and issuance of the emblem then any intervening rule change shall apply to the sign structure. During the 180 day period, the new outdoor advertising structure shall be considered in existence for the purpose of spacing of adjacent signs as set out in the rules in this Section.

(c) The permit holder/sign owner shall notify the appropriate Division of Highways district engineer by certified mail, return receipt requested, within 10 days after the outdoor advertising structure is completed that it is ready for final inspection.

(d) Prior to notifying the appropriate District Engineer that the structure has been completed, the sign owner shall place the emblem, which will have an identifying number, on the outdoor advertising structure in such a position as to be visible and readable from the main traveled way of the controlled route.

(e) Prior to notifying the appropriate District Engineer that the structure has been completed, the sign owner shall affix the name of the person, firm, or corporation owning or maintaining the outdoor advertising sign to the sign structure in sufficient size to be clearly visible from the main traveled way of the controlled route.

(f) Within 90 days after receiving notice that an outdoor advertising structure is complete, the appropriate District Engineer shall inspect the structure. If the structure fails to comply with the Outdoor Advertising Control Act or the rules in this Section, the District Engineer shall advise the permit holder/sign owner by certified mail of the manner in which the structure fails to comply and that the structure must be made to comply within 30 days of receipt of the notice or removed.

(g) Replacements for emblems that are missing or illegible may be obtained from the district engineer by submitting a written request accompanied by a copy of the permit application which approved the original emblem.

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990.

19A NCAC 02E .0209 TRANSFER OF PERMIT/CHANGE OF ADDRESS

Within 30 days after ownership of a permitted outdoor advertising sign is transferred, the previous or new owner shall submit a written notice, signed by the transferring owner and notarized, to the district engineer for the county in which the sign is located. A permit holder/sign owner must provide the appropriate district engineer with written notice of any change of address within 30 days of the address change. Should a permit holder/sign owner fail to provide written notice of a transfer of permit or change of address, a revocation of a permit for one of the reasons specified in Rule .0210 of this Section shall stand and shall not be affected by failure to notify the district engineer of such changes.

History Note: Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993.

19A NCAC 02E .0210 REVOCATION OF OUTDOOR ADVERTISING PERMIT

The appropriate district engineer shall revoke a permit for a lawful outdoor advertising structure based on any of the following:

(1) mistake of facts by the issuing District Engineer for which had the correct facts been known, he would not have issued the outdoor advertising permit;

(2) misrepresentations of any facts made by the permit holder or sign owner and on which the District Engineer relied in approving the outdoor advertising permit application;

(3) misrepresentation of facts to any regulatory authority with jurisdiction over the sign by the permit holder or sign owner, the permit applicant or the owner of property on which the outdoor advertising structure is located;

(4) failure to pay annual renewal fees or provide the documentation requested under Rule .0207(c) of this Section;

(5) failure to construct the outdoor advertising structure except all sign faces within 180 days from the date of issuance of the outdoor advertising permit;

(6) a determination upon inspection of a newly erected outdoor advertising structure that it fails to comply with the Outdoor Advertising Control Act or the rules in this Section;

(7) any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act or the rules adopted pursuant thereto;

(8) alterations to a nonconforming sign or a sign conforming by virtue of the grandfather clause other than reasonable repair and maintenance as defined in Rule .0225(c). For purposes of this subsection, alterations include:

(a) enlarging a dimension of the sign facing, or raising the height of the sign;

(b) changing the material of the sign structure's support;

(d) adding illumination;

(9) failure to affix the emblem as required by Rule .0208 of this Section or failure to maintain the emblem so that it is visible and readable from the main-traveled way or controlled route;

(10) failure to affix the name of the person, firm, or corporation owning or maintaining the outdoor advertising sign to the sign structure in sufficient size to be visible as required by Rule .0208 of this Section;

(11) unlawful destruction or illegal cutting of trees, shrubs or other vegetation within the right-of-way of any State-owned or State-maintained highway as specified in G.S. 136-133.1(i);

(12) unlawful use of a controlled access facility for purposes of repairing, maintaining or servicing an outdoor advertising sign where an investigation reveals that the unlawful violation:

(a) was conducted actually or by design by the sign owner or permit holder, the lessee or advertiser employing the sign, the owner of the property upon which the sign is located, or any of their employees, agents, or assigns, including, independent contractors hired by any of the above persons; and

(b) involved the use of highway right of way for the purpose of repairing, servicing, or maintaining a sign including stopping, parking, or leaving any vehicle whether attended or unattended, on any part or portion of the right of way except as authorized by the Department of Transportation, including activities authorized by the Department for selective vegetation removal pursuant G.S. 136-131.1, G.S. 136-131.2 and G.S. 136-133.4. Access from the highway main travel way shall be allowed only for surveying or delineation work in preparation for and in the processing of an application for a selective vegetation removal permit; or

(c) involved crossing the control of access fence to reach the sign structure, except as authorized by the Department, including those activities referenced in Sub-Item (12)(b) of this Rule:

(13) maintaining a blank sign for a period of 12 consecutive months;

(14) maintaining an abandoned, dilapidated, or discontinued sign;

(15) a sign that has been destroyed or significantly damaged as determined by Rule .0201(8) and (29) of this Section;

(16) moving or relocating a nonconforming sign or a sign conforming by virtue of the grandfather clause which changes the location of the sign as determined by Rule .0201(27) of this Section;

(17) failure to erect, maintain, or alter an outdoor advertising sign structure in accordance with the North Carolina Outdoor Advertising Control Act, codified in G.S. 136, Article 11, and the rules adopted pursuant thereto; and

(18) willful failure to substantially comply with all the requirements specified in a vegetation removal permit if such willful failure meets the standards of G.S. 136-133.1(i) as specified in G.S. 136-133.4(e).

History Note: Authority G.S. 136-93; 136-130; 136-133; 136-133.1(i), 136-133.4(e);

Eff. July 1, 1978;

Amended Eff. August 1, 2000; May 1, 1997; November 1, 1993; March 1, 1993; October 1, 1991; December 1, 1990;

Temporary Amendment Eff. March 1, 2012.

19A NCAC 02E .0211 DENIAL OF PERMIT

History Note: Authority G.S. 136-130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981;

Temporary Repeal Eff. March 1, 2012.

19 NCAC 02E .0212 NOTICE GIVEN FOR REVOKING PERMIT

(a) Prior to the revocation of an outdoor advertising permit, the district engineer shall notify the permit holder/sign owner by certified mail of the alleged violation under Rule .0210 of this Section. The permit holder/sign owner shall be given thirty (30) days in which to bring the sign into compliance, if permissible by these rules, or provide information concerning the alleged violation to the district engineer to be considered prior to the actual revocation. The district engineer shall consider the information provided by the permit holder prior to any revocation of a permit.

(b) When, in the opinion of the District Engineer, a violation of Rule .0210 of this Section has occurred, he shall so notify the permit holder/sign owner for the outdoor advertising structure by certified mail, return receipt requested, stating the factual and statutory or regulatory basis for the revocation, and include a copy of the Outdoor Advertising rules The notification shall also state that because the structure is in violation of the provisions of the Outdoor Advertising Control Act or the rules in this Section, the structure is unlawful and a nuisance and that if the structure is not removed or made to conform to the provisions of the act or the rules within 30 days after receipt of the notification, if permitted by these rules, the Department of Transportation or its agents shall, at the expense of the permit holder/sign owner, remove the outdoor advertising structure.

(c) An outdoor advertising structure cannot be made to conform to the Outdoor Advertising Control Act or these Rules when the permit is revoked under 19A NCAC 2E .0210 (2),(3),(11), or (12).

History Note: Authority G.S. 136‑130; 136‑134;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981.

19A NCAC 02E.0213 APPEAL OF DECISION OF DISTRICT ENGINEER TO SEC. OF TRANS.

(a) Should any permit applicant or permit holder/sign owner disagree with a decision of the appropriate district engineer pertaining to the denial or revocation of a permit for outdoor advertising or the determination that an outdoor advertising structure is illegal, the permit applicant or permit holder/sign owner shall have the right to appeal to the Secretary of Transportation pursuant to the procedures hereinafter set out.

(b) Within 30 days from the time of the receipt of the decision of the district engineer, the permit applicant or permit holder/sign owner shall submit a written appeal to the Secretary of Transportation setting forth with particularity the facts and arguments upon which the appeal is based. The appeal shall be sent to the Secretary by certified mail, return receipt requested, with a copy to the district engineer.

(c) Upon receipt of the written appeal, the Secretary of Transportation shall review the written appeal and the District Engineer's decision, as well as any available documents, exhibits, or other evidence bearing on the appeal, and shall render the final agency decision, supported by findings of fact and conclusions of law. The final agency decision shall be served upon the appealing party by certified mail, return receipt requested, no later than 90 days after the Secretary receives the written appeal. A copy of the final agency decision shall also be mailed to the district engineer.

(d) Judicial review of the final agency decision is governed by G.S. 136-134.1.

History Note: Authority G.S. 136‑130; 136‑133; 136‑134;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; November 1, 1991; June 15, 1981.

19A NCAC 02E. 0214 STANDARDS FOR DIRECTIONAL SIGNS

(a) General - For the purposes of this Section the following directional signs are prohibited:

(1) signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features;

(2) signs which move or have any animated or moving parts;

(3) signs located in rest areas, parklands or scenic areas.

(b) Size:

(1) No directional sign shall exceed the following limits:

Maximum area 150 square feet;

Maximum height 20 feet; and

Maximum length 20 feet.

(2) All dimensions include border and trim, but exclude supports.

(1) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited;

(2) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway or NHS route or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with the operation of a motor vehicle are prohibited; and

(3) No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(d) Spacing:

(1) Each location of a directional sign must be approved by the division of highways;

(2) No directional sign may be located within 2,000 feet of an interchange, or intersection at grade along the interstate system or other controlled access highways (measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way);

(3) No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area;

(4) No two directional signs facing the same direction of travel shall be spaced less than one mile apart;

(5) Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(6) Directional signs located adjacent to the interstate system shall be within 75 air miles of the activity; and

(7) Directional signs located adjacent to the primary system shall be within 50 air miles of the activity.

(e) Message Content. - The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route number, or exit numbers.

(f) Selection Criteria:

(1) Privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena, scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas.

(2) Privately owned attractions or activities must be nationally or regionally known. For purposes of this rule the following meanings shall apply:

(A) Nationally known means the attraction has drawn attention through various forms of media within the continental United States; and

(B) Regionally known means the attraction is known in a specific region of the state such as the mountains, piedmont, or coastal region, through published articles or paid advertisements available to a regional audience.

History Note: Authority G.S. 136‑130; 136‑129;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993.

19a ncac 02E .0215 PERMITS FOR DIRECTIONAL SIGNS

A permit shall be required for the construction or maintenance of any directional sign permitted by Rule .0214 of this Subchapter, except that no permit shall be required to erect or maintain directional signs to religious sites or for the construction and maintenance of official signs and notices, public utility signs, service club and religious notices, and public service signs, as defined by Rule .0201 (10)(a), (b), (c), and (18) of this Subchapter. An initial fee of forty dollars ($40.00) shall be paid with each application for a permit. An annual renewal of each permit, along with a renewal fee of thirty dollars ($30.00), shall be required in order to maintain such directional signs. Permit and renewal of the permits may be obtained from the district engineer.

History Note: Authority G.S. 136-130; 136-133;

Eff July 1, l978;

Amended Eff. November 1, 1993; July 1, 1986, March 1, 1983, June 15, 1981;

Temporary Amendment Eff. November 1, 1999;

Amended Eff. August 1, 2000.

19A NCAC 02E .0216 SPECIFIC service SIGNING (Logo) PROGRAM

The Specific Service Signing Program, hereinafter "Program", provides eligible businesses with the opportunity to be listed on official signs within the right‑of‑way of fully controlled access highways. The Traffic Engineering and Safety Systems Branch is responsible for administering the program and receiving requests for information concerning the Program. Requests for information may be directed to the State Traffic Engineer, Division of Highways, Department of Transportation, 1561 Mail Service Center, Raleigh, NC 27699-1561. Division Engineers, for the division in which the interchange is located, are responsible for receiving and distributing applications and copies of policies and procedures, executing agreements and administering the agreements.

History Note: Authority G.S. 136‑89.56; 136‑137; 136‑139; 143B‑346; 143B‑348; 143B‑350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. April 1, 1994; October 1, 1993; October 1, 1991;

Temporary Amendment Eff. October 13, 2003;

Amended Eff. January 1, 2004.

19A NCAC 02E .0217 SPECIFIC INFORMATION PROGRAM DEFINITIONS

19A NCAC 02E .0218 LOCATION OF PANELS

History Note: Authority G.S. 136‑89.56; 136‑137; 136‑139; 143B‑346; 143B‑348; 143B‑350(f); 24 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. August 1, 1998; September 1, 1984; April 1, 1994; October 1, 1993; October 1, 1991; April 1, 1986; November 1, 1985;

Temporary Repeal Eff. October 13, 2003;

Repealed Eff. January 1, 2004.

19A NCAC 02E .0219 ELIGIBILITY FOR PROGRAM

Businesses may participate in the program provided said businesses comply with the following criteria:

(1) The individual business installation whose name, symbol or trademark appears on a business panel shall give written assurance of the business's conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, age, disability, or national origin.

(2) An individual business, under construction, may apply to participate in the program by giving written assurance of the business's conformity with all applicable laws and requirements for that type of service, by a specified date of opening to be within 60 days of the date of application. No business panel shall be displayed for a business which is not open for business and in full compliance with the standards required by the program. A business under construction shall not be allowed to apply for participation in the program if its participation would prevent an existing open business from participating, unless the existing business qualifies for or has a provisional contract.

(3) Businesses may apply for participation in the program on a first-come, first-served basis until the maximum number of panels on the logo sign for that service is reached. If a business's panel is removed and space is available on the sign, or one or more of the existing businesses have provisional contracts, the first fully qualifying business to contact the Department shall be allowed priority for the vacant space or the space occupied by a business with a provisional contract.

(4) The maximum distance that a "GAS", "FOOD", or "LODGING" service may be located from the fully controlled access highway shall not exceed three miles at rural interchange approaches and one mile at urban interchange approaches in either direction via an all-weather road. Where no qualifying services exist within three miles (rural) or one mile (urban), provisional contracts are permitted where the maximum distance may be increased to six miles at rural interchange approaches and three miles at urban interchange approaches, provided the total travel distance to the business and return to the interchange does not exceed twelve miles. A rural interchange is defined as an interchange along a freeway (interstate or other fully-controlled access arterial highway) that is located either in a rural unincorporated area or within the corporate limits of a city or town with a population of less than 40,000. An urban interchange is defined as an interchange along a freeway (interstate or other fully-controlled access arterial highway) that is located either in or within one mile of the corporate limits of a city or town with a population equal to or greater than 40,000. Provisional contracts shall be written with the understanding that if a closer business applies, qualifies, and is within the three miles (rural) or one mile (urban) distance as applicable, and there is not otherwise room on the sign for the new business, then the provisional contract of the furthest business from the intersection shall be cancelled and the business panels shall be removed at the annual contract renewal date. The maximum distance for a "CAMPING" or "ATTRACTION" service shall not exceed 15 miles in either direction via an all-weather road.

(5) "GAS" and associated services. Criteria for erection of a business panel on a sign shall include:

(a) licensing as required by law;

(b) vehicle services for fuel (gas, diesel, or alternative fuels), motor oil, and water;

(d) an on premise attendant to collect monies, make change, and make or arrange for tire repairs;

(e) year-round operation at least 16 continuous hours per day, seven days a week; and

(f) on premise telephone available for emergency use by the public.

(6) "FOOD" service. Criteria for erection of a business panel on a sign shall include:

(a) licensing as required by law, and a permit to operate by the health department;

(b) businesses shall operate year-round at least eight continuous hours per day six days per week;

(d) on premise public restroom facilities; and

(e) on premise telephone available for emergency use by the public.

(7) "LODGING" service. Criteria for erection of a business panel on a sign shall include:

(a) licensing as required by law, and a permit to operate by the health department;

(b) overnight sleeping accommodations consisting of a minimum of 10 units each, including bathroom and sleeping room, except a Lodging business operating as a "Bed and Breakfast" establishment with less than 10 units may participate. "Bed and Breakfast" businesses shall be identified on the Logo signs by a standard message specified by the Department. "Bed and Breakfast" businesses shall only be allowed to participate in the program if the maximum number of qualified Lodging businesses do not request participation in the program and occupy spaces on the Logo signs. All "Bed and Breakfast" businesses shall have provisional contracts;

(d) year-round operation; and

(e) on premise telephone available for emergency use by the public.

(8) "CAMPING" service. Criteria for erection of a business panel on a sign shall include:

(a) licensing as required by law, including meeting all state and county health and sanitation codes and having water and sewer systems which have been duly inspected and approved by the local health authority (the operator shall present evidence of such inspection and approval);

(b) at least 10 campsites with accommodations (including on premise public restroom facilities in a permanent structure) for all types of travel-trailers, tents and camping vehicles;

(d) continuous operation, seven days a week during business season;

(e) removal or masking of said business panel by the department during off seasons, if operated on a seasonal basis; and

(f) on premise telephone available for emergency use by the public.

(9) "ATTRACTION" service. Criteria for erection of a business panel on a sign for any business or establishment shall include:

(a) licensing as required by law;

(b) on premise public restroom facilities in a permanent structure;

(c) continuously open to the motoring public without appointment at least eight hours per day, five days per week during its normal operating season or the normal operating season for the type of business;

(d) adequate parking accommodations;

(e) on premise telephone available for emergency use by the public; and

(f) only facilities whose primary purpose is providing amusement, historical, cultural, or leisure activities to the public and are categorized as follows shall be allowed signing:

(i) Amusement Parks: Permanent areas open to the general public including at least three of the following activities: roller coasters, entertainment rides, games, swimming, concerts, and exhibitions;

(ii) Cultural Centers or Facilities: Locations for cultural events including museums, outdoor theaters, or a facility that exhibits or sells antiques or items painted or crafted by local artists;

(iii) Historic Sites: Buildings, structures, or areas listed on the national or state historic register and recognized by the Department as historic attractions or locations;

(iv) Leisure or Recreation Activity Areas: Attractions that provide tourists with opportunities such as golfing (excluding miniature golf, driving ranges, chip and putt areas, and indoor golf), horseback riding, wind surfing, skiing, bicycling, boating, fishing, picnicking, hiking, and rafting;

(v) Manufacturing Facilities: Locations that manufacture or produce products of interest to tourists and offer tours at least four times daily on a regularly scheduled year-round basis such as candy, ice cream, cookie, or pickle manufacturing facilities. Facilities shall produce or manufacture and exhibit or sell their products at the facilities.

(vi) Agricultural Facilities: Locations that provide tours and exhibit or sell their agricultural products or provide on site samples of their products, such as vineyards and regional farmers markets;

(vii) Zoological or Botanical Parks and Farms: Facilities that keep living animals or plants and exhibit them to the public;

(viii) Natural Phenomena: Naturally occurring areas that are of outstanding interest to the public, such as waterfalls or caverns; and

(ix) Motor Sports Facilities: Locations including museums, race tracks, and race team headquarters that exhibit or sell items related to automobile or truck racing.

(10) Any other "ATTRACTION" not listed in Item (f) of this Rule shall be approved by the State Traffic Engineer.

(11) Ineligible Attractions include, but are not limited to, shopping malls, furniture stores, drug stores, movie theaters; community business, historic, antique, or other districts; appliance stores, automobile or truck dealerships or garages, houses of worship, colleges, schools, real estate offices, sand and gravel facilities, produce stands, nurseries, grocery stores, restaurants, bars, lounges, adult establishments, and adult video, book, and novelty stores. An attraction is not eligible for both Travel Services (Logo) Signing and supplemental guide signing, such as Agriculture Tourism signing, at the same interchange.

History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. August 1, 1998; April 1, 1994; October 1, 1993; December 1, 1992; October 1, 1991;

Temporary Amendment Eff. October 13, 2003;

Amended Eff. January 1, 2004.

19a ncac 02E .0220 COMPOSITION OF business panels and logo SIGNS

(a) No business panel shall be displayed that would mislead or misinform the traveling public. Any message, trademarks, or brand symbols which interfere with, imitate, or resemble any official warning or regulatory traffic sign, signal or device is prohibited.

(b) Each specific service business panel shall include only information that is related to that specific service. No more than one specific service type such as GAS, FOOD, or LODGING shall be allowed on a business panel.

(c) Combination signs are the large rectangular signs that include space for individual business logo panels with more than one specific service. Provisional contracts for the businesses on combination signs shall be required for all businesses other than the first three fully qualifying GAS panels and the first three fully qualifying FOOD panels. Combination signs shall be allowed if one or more of the following conditions are met:

(1) if space is not available for separate sign installations;

(2) if the number of businesses desiring to participate exceeds the number of spaces available for business panels on sign; or

(3) if the number of businesses desiring to participate does not warrant the installation of separate sign installations.

History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. August 1, 1998; October 1, 1993; November 1, 1987;

Temporary Amendment Eff. October 13, 2003;

Amended Eff. January 1, 2004.

19A NCAC 02E .0221 FEES

(a) All logo signs shall be constructed and maintained by the Department. These logo signs shall be owned by the Department. The participating logo business shall pay an annual fee established by the Board of Transportation. All logo contracts existing under prior administrative code provisions are terminated in accordance with the terms of those contracts. However, existing participants shall not be required to reapply, but shall be required to sign an appropriate contract in accordance with the new regulations in order to continue their participation.

(b) The fee for participation in the Logo program is as follows: Mainline, ramp, and trailblazer panels are billed an annual fee of three hundred dollars ($300.00) per each mainline, ramp and trailblazer panel. The initial payment of the fee shall be paid prior to installation. The contract runs for one year from the date of installation. Contracts shall be renewed annually and the fee is due at the contract renewal date. Every participating business that meets program requirements has a valid contract and pays all required fees shall be automatically renewed except for provisional contracts which shall be reviewed by the Department annually prior to renewal.

(c) The business shall provide a new or renovated business panel when necessary due to damages caused by acts of vandalism, accidents, or natural causes including natural deterioration. If the Department replaces a business panel on a logo sign or removes or masks a business panel because of seasonal operation, there shall be no additional charge to the business.

(d) The fee shall be paid by check or money order and is due in advance of the period of service covered by the fee. Failure to pay a fee when due is grounds for removal of the business panels and termination of the contract.

History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. July 1, 2000; August 1, 1998; April 1, 1994; October 1, 1993; December 1, 1992; September 1, 1990;

Temporary Amendment Eff. October 13, 2003;

Amended Eff. February 1, 2004.

19A NCAC 02E .0222 CONTRACTS WITH THE DEPARTMENT

History Note: Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. July 1, 2000; August 1, 1998; December 1, 1994; October 1, 1993; October 1, 1992, September 1, 1990;

Temporary Repeal Eff. October 13, 2003;

Repealed Eff. January 1, 2004.

19A NCAC 02E .0223 APPEAL OF DECISION OF DIVISION ENGINEER TO SECRETARY

(a) Any business which applies to participate in the program and is refused or any business participating in the program which has its contract terminated, signs removed or believes that the program is otherwise not being administered in accord with these Rules may appeal the decision of the Division Engineer to the Secretary. The decision of the Secretary is final.

(b) The business which decides to appeal a decision of the Division Engineer shall so notify the appropriate engineer of his decision to appeal by certified mail, return receipt requested, within 10 days of the receipt of notice of the decision of the Engineer. The Division Engineer shall then forward the notice given to him by the business to the Secretary.

(c) Within 20 days from the time of submitting his notice of appeal to the Division Engineer, the business shall submit to the Secretary a written appeal setting forth with particularity the facts upon which its appeal is based.

(d) Within 30 days from the receipt of the said written appeal or within such additional time as may be agreed to between the Secretary and the business, the Secretary shall make an investigation of the said appeal. The Secretary shall then make appropriate findings of fact and conclusions pertaining to the appeal on behalf of the Department of Transportation and the findings and conclusion shall be served upon the business seeking the review by certified mail, return receipt requested.

History Note: Authority G.S. 136‑89.56; 136‑137; 136‑139; 143B‑346; 143B‑348; 143B‑350(f);

23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f);

Eff. April 1, 1982;

Amended Eff. October 1, 1993.

19A NCAC 02E .0224 SCENIC BYWAYS

(a) Outdoor advertising is prohibited adjacent to any highway designated as a scenic byway by the Board of Transportation after the date of the designation as scenic, regardless of the highway classification, except for outdoor advertising permitted in G.S. 136-129 (1), (2), (2a) or (3).

(b) All lawfully erected outdoor advertising signs adjacent to a Scenic Byway that is on a controlled route for outdoor advertising shall become nonconforming signs and shall be subject to all applicable outdoor advertising regulations provided in 19A NCAC 02E.0200. Any sign erected on a controlled route adjacent to a Scenic Byway after the date of official designation shall be an illegal sign as defined in G.S. 136-128 and G.S. 136-134.

(c) Permits shall not be required for signs adjacent to scenic byways which were not on a controlled route for outdoor advertising. The department shall maintain an inventory of signs that were in existence at the time the route was designated a Scenic byway. Any sign erected after its designation as a Scenic Byway, except for outdoor advertising permitted in G.S. 136-129(1), (2), or (3), shall be an illegal sign as defined by G.S. 136-128 and G.S. 136-134.

(d) Outdoor advertising signs adjacent to Scenic Byways that are not required to obtain permits are nonetheless governed by the rules in this section.

History Note: Authority G.S. 136-129.2;

Eff. August 1, 2000.

19a ncac 02E .0225 REPAIR/MAINTENANCE/ALTERATION OF SIGNS

(a) Signs may not be serviced from or across the right of way of freeways or from or across controlled access barriers or fences of controlled routes.

(b) Conforming signs may be altered within the limits of the rules in this Section.

(1) A conforming sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules in this Section by notifying the district engineer in writing of any substantial changes that would affect the original dimensions of the initial permit application.

(2) Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable state, federal or local rules, regulations or ordinances.

(c) Alteration to a nonconforming sign or sign conforming by virtue of the grandfather clause is prohibited. Reasonable repair and maintenance are permitted including changing the advertising message or copy. The following activities are considered to be reasonable repair and maintenance:

(1) Change of advertising message or copy on the sign face;

(2) Replacement of border and trim;

(3) Repair and replacement of a structural member, including a pole, stringer, or panel, with like material;

(4) Alterations of the dimensions of painted bulletins incidental to copy change; and

(5) Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming.

(d) The addition of lighting or illumination to existing nonconforming signs or signs conforming by virtue of the grandfather clause is specifically prohibited as reasonable maintenance; however, such lighting may be permanently removed from such sign structure.

(e) A nonconforming sign or sign conforming by virtue of the grandfather clause may continue as long as it is not abandoned, destroyed, discontinued, or significantly damaged.

(f) When the combined damage to the face and support poles appears to be significant, as defined in 19A NCAC 02E .0201(29), the sign owner may request the Department to review the damaged sign, including salvageable sign components, prior to repairs being made. Should the sign owner perform repairs without notification to the Department, and the Department later determines the damage is greater than 50% of the combination of the sign face and support pole(s), the permit may be revoked. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria:

(1) Outdoor Advertising on Wooden Poles: The percentage of damage attributable to poles shall be 50% and the percentage of damage attributable to sign face shall be 50%;

(2) Outdoor Advertising on Steel Poles or Beams: The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%; and

(3) Outdoor Advertising on Monopoles: The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%.

History Note: Authority G.S. 136-130; 136-89.58;

Eff. August 1, 2000;

Amended Eff. August 1, 2000.

19a ncac 02E .0226 ORDER TO STOP WORK ON UNPERMITTED OUTDOOR ADVERTISING

(a) If outdoor advertising is under construction and the Department determines that a permit has not been issued for the outdoor advertising as required under the provisions of this Chapter, the District Engineer may require that all work on the sign cease until the sign owner shows that the sign does not violate the provisions of this chapter. The order to cease work shall be in writing and prominently posted on the outdoor advertising structure, and no further notice of the stop work order is required. The failure of a sign owner to comply immediately with the stop work order shall subject the outdoor advertising structure to removal by the Department of Transportation or its agents.

(b) For purposes of this rule only, outdoor advertising is under construction when it is in any phase of construction prior to the attachment and display of the advertising message in final position for viewing by the traveling public.

(c) The cost of removing outdoor advertising by the Department of Transportation or its agents shall be assessed against the sign owner.

(d) No stop work order may be issued when the Department of Transportation process agent has been served with a court order allowing the sign to be constructed. The District Engineer shall consult with the Outdoor Advertising coordinator to determine whether such an order has been served on the Department.

History Note: Authority G.S. 136-130; 136-133;

Temporary Adoption Eff. November 16, 1999;

Eff. August 1, 2000.

SECTION .0300 ‑ JUNKYARD CONTROL

19A NCAC 02E .0301 UNZONED INDUSTRIAL AREA

(a) For purposes of the Junkyard Control Act, unzoned industrial area shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1,000 feet thereof which is:

(1) located on the same side of the highway as the principal part of said activity; and

(2) not predominantly used for residential or commercial purposes; and

(3) not zoned by state or local law, regulation or ordinance.

(b) "Industrial activities," for purposes of this definition, shall mean those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the state, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the state, except that none of the following shall be considered industrial activities:

(1) outdoor advertising structures;

(2) agricultural activities including ranching, farming, grazing and such necessarily related activities as are generally carried on by a farmer on his own premises, including, but not limited to, wayside fresh produce stands;

(3) forestry activities which include growing of timber, thinning, felling and logging of timber or pulpwood;

(4) transient or temporary activities;

(5) activities not visible from the traffic lanes of the main‑traveled way;

(6) activities more than 1,000 feet from the nearest edge of the right of way;

(7) activities conducted in a building principally used as a residence;

(8) railroad tracts other than yards, minor sidings, and passenger depots;

(9) junkyards, as defined in Section 136, Title 23, United States Code.

History Note: Authority G.S. 136‑151;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.

19A NCAC 02E .0302 PERMITS

History Note: Authority G.S. 136‑151; 136‑149;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

19A NCAC 02E .0303 FEES

(a) An initial fee of fifteen dollars ($15.00) shall be paid upon each application for a junkyard permit to cover the administrative and inspection costs.

(b) An annual renewal of each permit shall be required to maintain junkyards within 1,000 feet of the right of way of interstate and federal‑aid primary highways. A renewal fee of five dollars ($5.00) shall be paid for each application for an annual renewal of the permit.

(c) The annual renewal fee shall be paid by the junkyard owner on December 15th of each year to the appropriate district engineer. The Division of Highways of the Department of Transportation shall, without request, send a statement, to each owner of a junkyard with a valid permit, for the annual renewal fee unless the appropriate district engineer is notified in writing by the owner of the junkyard of his desire not to renew a specific valid junkyard permit.

History Note: Authority G.S. 136‑151; 136‑149;

Eff. July 1, 1978;

Amended Eff. December 1, 1993.

SECTION .0400 ‑ GENERAL ORDINANCES

19A NCAC 02E .0401 PENALTY IMPOSED FOR VIOLATION OF ORDINANCES

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

Eff. July 1, 1978;

Repealed Eff. November 1, 1993.

19A NCAC 02E .0402 PILING OBSTRUCTIONS ON HIGHWAYS OR WITHIN RIGHT OF WAY

It shall be unlawful to pile, place or leave, or cause to be piled, placed or left temporarily or permanently, any trash, refuse, garbage, lumber, logs, cordwood, tree‑laps, scrapped automobile, scrapped truck or part thereof, or any other material upon any road or highway or the shoulders thereof, or within the right of way or over the ditches or drainways of any road or highway of the state highway system.

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

Eff. July 1, 1978.

19A NCAC 02E .0403 DEPOSITING MUD ON STATE HIGHWAYS

No person operating a vehicle with "dual wheels" or a vehicle equipped with four wheel drive shall track or cause mud to be deposited on the paved portion of any state highway so as to create a hazard to the traveling public. Any person who causes or permits mud to be tracked or deposited by a vehicle with dual wheels or a vehicle equipped with four wheel drive shall immediately remove the same or cause it to be removed.

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

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

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.

19A NCAC 02E .0405 MOVING VEHICLES WHICH DAMAGE SURFACE OR SHOULDER

It shall be unlawful to move on, over, or across any bridge, road or highway, including shoulders thereof, of the state highway system any object, tractor, engine, farm equipment or vehicle of any kind which has wheels or objects of any kind attached thereto which will cut, mutilate or damage the surface of the bridge, road, highway or shoulders thereof without the written permission of the State Highway Administrator or his authorized agent.

History Note: Authority G.S. 20‑115; 20‑119; 136‑18(5);

Eff. July 1, 1978.

19A NCAC 02E .0406 VEHICLES SERVED BY SERVICE STATION

It shall be unlawful to serve, or cause to be served, any motor vehicle by a filling station when the same is standing upon the used or traveled portion of any road or highway of the state highway system.

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

Eff. July 1, 1978.

19A NCAC 02E .0407 CONTROL AND REGULATION OF ROADSIDE PARKS AND REST AREAS

It shall be unlawful, within any scenic service overlook, rest area or other designated parking area on the primary and secondary roads and highways of the state, for any person, firm or corporation to erect tents, booths, or structures of any kind for camping or any other activity; to create loud music or other objectionable noise; except as permitted pursuant to 19A NCAC 2E .0800 of the North Carolina Administrative Code, to solicit contributions, names, support or for any other purpose; to conduct or participate in public or private auctions and other ceremonies; to distribute tracts, pamphlets, favors or any material, product or literature; to erect displays, signs, or carry on any commercial activity; to use public address systems; to distribute or use alcoholic beverages; to engage in disorderly conduct or use vulgar, obscene or profane language; or, to commit any nuisance producing a material annoyance, inconvenience, hurt, discomfort, or that is dangerous to the life, property and welfare of the traveling public.

History Note: Authority G.S. 136‑18(9); 136‑125;

Eff. July 1, 1978;

Amended Eff. October 1, 1991; August 1, 1986.

19A NCAC 02E .0408 FISHING FROM BRIDGES

It shall be unlawful to fish from any bridge on any interstate or other controlled access highway.

History Note: Authority G.S. 136‑18(5); 136‑102.5;

Eff. July 1, 1978.

19A NCAC 02E .0409 OPERATING NONMOTORIZED VEHICLES

It is unlawful for any person to ride any animal, or to operate a bicycle or horse drawn wagon or any nonmotorized vehicle or moped on any interstate or other fully controlled access highway.

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

Eff. July 1, 1978;

Amended Eff. June 15, 1981.

19A NCAC 02E .0410 HITCHHIKING ON INTERSTATE OR CONTROLLED ACCESS HIGHWAYS

(a) It shall be unlawful for any person to hitchhike or to solicit rides, or for the driver of any vehicle to stop for the purpose of picking up one who is hitchhiking or soliciting a ride, on any interstate or fully controlled access highway.

(b) Nothing herein shall prohibit an operator or passengers in a vehicle stopped on a controlled access facility by reason of any emergency, mechanical failure or other failure of the vehicle to operate, from requesting aid or soliciting a ride, nor does it prohibit the operator of any other vehicle from stopping to render aid or assistance and giving rides in such situations.

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

Eff. July 1, 1978.

19A NCAC 02E .0411 JUMPING FROM BRIDGES

Upon the erection of appropriate signs at any bridge site so designated by the division engineer, it shall be unlawful for any person or persons to jump or dive from such designated bridge on the state highway system into a body of water. The violation of this ordinance shall constitute a misdemeanor.

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

Eff. July 1, 1978.

19A NCAC 02E .0412 AIRCRAFT LANDING AND TAKING OFF ON HIGHWAYS

It shall be unlawful for aircraft to take off or land on any road or highway of the state highway system. However, nothing herein shall prohibit an aircraft from landing on said roads or highways in an unforeseen emergency when such landing is necessary to prevent injury or death to the occupants of the aircraft, provided such landing can be made without danger to persons and vehicles on the highway. After such emergency landing, take off by the aircraft may be permitted under the direction of a law enforcement officer when it will not endanger persons or vehicles on the highway and there are no other practical or feasible means of removing the aircraft.

There is excepted from the foregoing prohibition on landing and taking off by aircraft on state highways, the landing and taking off of aircraft pursuant to written authorization granted by the State Highway Administrator. The administrator may grant such authorization upon good cause being shown and upon showing that arrangements have been made with law enforcement officials to handle vehicular traffic on the highway during such operation.

History Note: Filed as a Temporary Amendment Eff. March 15, 1982, for a Period of 47 Days to Expire

on May 1, 1982;

Statutory Authority G.S. 136‑18(5);

Eff. July 1, 1978;

Temporary Amendment Expired Eff. May 1, 1982;

Amended Eff. October 1, 1982.

19A NCAC 02E .0413 PARADES ON HIGHWAY SYSTEM ROADS

It shall be unlawful for any person, firm, organization, school or other group of persons to conduct or participate in a parade on the main‑traveled lanes of any street or highway of the state highway system located outside the limits of a municipality.

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

Eff. July 1, 1978.

19A NCAC 02E .0414 PARKING VEHICLE FOR SALE OR DISTRIBUTION OF GOODS

It shall be unlawful for any person to park any vehicle on the right of way of any primary or secondary highway or road of the State Highway System for the purpose of using said vehicle for the sale or distribution of fruits, vegetables, goods, wares, or merchandise of any character, and it shall be unlawful for any person to erect any stand or structure on the right of way of any primary or secondary highway or road of the State Highway System or to sell from said vehicle, stand, or structure or from any place on the right of way of any primary or secondary highway or road of the State Highway System any fruits, vegetables, goods, wares or merchandise of any character.

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

Eff. July 1, 1978.

19A NCAC 02E .0415 ADVERTISING SIGNS WITHIN RIGHT OF WAY

It shall be unlawful for any person, firm or corporation to erect or place any advertising or other sign, except regulation traffic and warning signs approved by the Department of Transportation, on any highway or the right of way thereof, or so as to overhang the right of way, or to permit the erection or placing of any advertising or other sign, as herein prohibited, on any highway right of way which is situated over any land owned, rented, leased or claimed by such person, firm or corporation. It shall be unlawful for any person, firm or other corporation that has erected, or placed, or permitted to be erected or placed, any advertising or other sign, as herein prohibited, or for any person, firm or corporation owning, renting, leasing or claiming any land over which a highway or highway right of way is situated, and on which highway or highway right of way any advertising or other sign has been erected or placed, to allow such advertising or other signs to remain on state highway or right of way thereof.

History Note: Authority G.S. 136‑18(10); 136‑30;

Eff. July 1, 1978.

19A NCAC 02E .0416 PRIVATE DRIVES OR ROADS INTERSECTING HIGHWAYS

It shall be unlawful to intersect the highways with any private driveway or roadway, unless adequate drainage shall be provided in a manner to be approved by the Department of Transportation, or to obstruct any drainage ditch within the right of way of any road or highway.

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

Eff. July 1, 1978.

19A NCAC 02E .0417 COMMERCIAL ENTRANCES INTERSECTING WITH RIGHT OF WAY

It shall be unlawful to revise or construct any commercial entrances to intersect with the right of way of any primary or secondary highway or road of the State Highway System until a permit has first been obtained from the Department of Transportation or its authorized agent in accordance with the rules contained in 19A NCAC 2B, Section .0600, titled "Driveway Entrances".

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

Eff. July 1, 1978;

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

19A NCAC 02E .0418 FENCING WITHIN RIGHT OF WAY

It shall be unlawful for any person to erect a fence of any kind within the right of way limits of any highway except by written permission of the State Highway Administrator or his authorized agent.

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

Eff. July 1, 1978.

19A NCAC 02E .0419 CULTIVATING CROPS AND MAINTAINING PASTURES WITHIN ROW

It shall be unlawful for any person to plant, cultivate or grow any crop or to maintain any pasture or pasture grass within the right of way limits of any highway except by written permission of the State Highway Administrator or his authorized agent.

History Note: Authority G.S. 136‑18(10); 136‑93; 143B‑350(f),(g);

Eff. July 1, 1978.

19A NCAC 02E .0420 CONSTRUCTION WITHIN RIGHT OF WAY

It shall be unlawful for any person or firm to construct, place or erect any power, telephone or other poles, signboards, fences, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation or other pipelines, wires or cables or other obstructions in, over, or upon any road, highway or right of way of the State Highway System without the written permission of the State Highway Administrator or his authorized agent.

Note: Rules for the preparation and submission of applications for utility encroachments can be found in 19A NCAC 2B .0500.

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

Eff. July 1, 1978.

19A NCAC 02E .0421 UTILITY WIRES OR CABLES OVER HIGHWAYS

(a) For purposes of this Rule, the American National Standards Institute's National Electrical Safety Code (ANSI Code) is incorporated by reference and includes any subsequent amendments and editions. The ANSI Code may be obtained from the Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane, P.O. Box 1331, Piscataway, New Jersey 08855-1331, telephone number 1-800-678-IEEE, at a cost of forty three dollars and fifty cents ($43.50).

(b) It shall be unlawful to construct any power, telephone, television, telegraph, or any other utility wires or cables over highways or roads on the State Highway System unless such wires have the minimum vertical clearance above the highest elevation of the road or highway crossed by them as prescribed in the American National Standards Institute's National Electrical Safety Code for the installation and maintenance of electric supply and communication lines, as amended and as may be amended by the National Electrical Safety Code; except, a minimum vertical clearance of 18 feet shall be maintained for overhead power and communication lines crossing all highways. The lateral and vertical clearance from bridges shall conform with the National Electrical Safety Code; however, greater clearances at bridges may be required by the Department of Transportation to provide for bridge construction and maintenance. Parallel utility lines occupying highway right of way shall maintain a minimum vertical clearance of 15.5 feet as stated in the National Electrical Safety Code.

Note: Rules for the preparation and submission of applications for utility encroachments can be found in 19A NCAC 2B .0500.

History Note: Authority G.S. 136‑18(10); 136‑89.50; 136‑93;

Eff. July 1, 1978;

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

19A NCAC 02E .0422 USE OF RUNAWAY TRUCK RAMPS

No runaway truck ramp designated by signs shall be used for any purpose except to bring to a halt an out‑of‑control vehicle. It shall be unlawful for any operator of a motor vehicle, non‑motorized vehicle, moped, bicycle, or any pedestrian or any person having custody or control of any animal or animal powered vehicle to park on, stand upon, obstruct or otherwise use any runaway truck ramp designated by signs or the access thereto except as herein authorized.

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

Eff. August 10, 1981.

19A NCAC 02E .0423 REGULATION OF AIRPORT CONSTRUCTION

(a) In order to preserve safe clearances between highways and airways, except as otherwise provided by this Rule, all construction or alteration of airports or aircraft landing areas on any part of land adjoining any public highway or in close proximity, shall be in conformity with the Federal Air Regulations, Title 14, Chapter I, Part 77, Subpart C, Code of Federal Regulations, which is incorporated by reference into this Rule, includes any subsequent editions or amendments. The document is available from the Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328, at a cost of twenty nine dollars ($29.00).

(b) No such construction or alteration shall be undertaken without having first obtained a written permit from the North Carolina Department of Transportation or its duly authorized officers. All construction or alteration shall be in accordance with the written permit. No permit shall be issued if the proposed construction or alteration is not in accordance with subsection (a) above. Except for highways on the Federal‑aid highway system, the Board of Transportation may, however, in its discretion, authorize a permit at variance with the foregoing Federal Aviation Administration standards when it determines that the construction or alteration of the aircraft landing area will not result in a public road being a hazard to air navigation.

(c) Any person, firm, or corporation seeking a permit for the construction or alteration of any airport or aircraft landing areas shall, at the time application is made for said permit, submit to the North Carolina Department of Transportation the plans and designs of the proposed construction or alteration, along with such estimates and supporting data as the department may require. The estimates and data required may include, but shall not necessarily be limited to, topographical surveys of the airport or aircraft landing area site and surrounding areas, including the proposed construction or alteration, with particular references to highways in the vicinity; hydrographic surveys, with particular reference to the effect that the proposed construction or alteration will have upon drainage patterns; area maps, and airport traffic patterns and approach surfaces.

(d) The provisions of this ordinance shall not apply to publicly owned and operated airports and aircraft landing areas receiving Federal funds and subject to regulation by the Federal Aviation Administration, nor shall the provisions of this ordinance be construed to prohibit necessary repairs from being made to or on any airport facilities regardless of their present location.

History Note: Authority G.S. 136‑18(22);

Eff. November 1, 1985;

Amended Eff. November 1, 1993.

19A NCAC 02E .0424 TWIN TRAILERS ACCESS ROUTES

History Note: Authority G.S. 20‑115.1; Board of Transportation minutes on November 18, 1989;

Eff. September 1, 1990;

Repealed Eff. November 1, 1991.

19A NCAC 02E .0425 ACCESS ROUTES/SEMI‑TRAILER TRUCKS WITH 48/53 FOOT TRAILERS

History Note: Authority G.S. 20‑115.1; 20‑116;

Eff. October 1, 1991;

Repealed Eff. November 1, 1991.

19A NCAC 02E .0426 ACCESS ROUTES FOR STAA DIMENSIONED VEHICLES

The following definitions and procedures apply to this Rule:

(1) DEFINITIONS:

(a) STAA (Surface Transportation Assistance Act) Dimensioned Vehicles are described as follows:

(i) A "twin‑trailer truck" is a vehicle combination consisting of a truck‑tractor and two trailing units, 102 inches wide, as authorized by G.S. 20‑115.1.

(ii) A "48‑foot Semi‑trailer truck" is a vehicle combination consisting of a truck‑tractor and one trailer 48 feet in length, 102 inches wide, as authorized by G.S. 20‑115.1.

(iii) A "53‑foot Semi‑Trailer truck" is a vehicle combination consisting of a truck‑tractor and one trailer 53 feet in length, 102 inches wide, and a "kingpin" axle distance of 41 feet, as authorized by G.S. 20‑115.1 and G.S. 20‑116.

(b) The National Truck Network is a network of highway routes within the State consisting of the Interstate and certain Federal‑aid Primary highways designated for STAA dimensioned vehicle use by the U.S. Secretary of Transportation, and other highway routes that have been designated for this type vehicle use by the North Carolina Department of Transportation under the authority of G.S. 20‑115.1(g).

(i) Freight either originates, terminates, or is handled in the transportation process, or

(ii) Commercial motor carriers maintain operating facilities.

(d) "Reasonable Access" ‑ The term "reasonable access" means provisions for STAA dimensioned vehicle access to terminals and services from the National Truck Network, as follows:

(i) Terminals Located Within Three Road Miles of the National Truck Network:

(A) Reasonable access shall be deemed to be the use of the most reasonable, and practical route(s) available for access to terminals, and services for gas, food, lodging, and repairs.

(B) An access route(s) may only be denied by the Department of Transportation based on specific safety reasons on individual routes.

(ii) Terminals Located Beyond Three Road Miles of the National Truck Network:

(A) Reasonable access shall be deemed to be the use of only those routes specifically authorized by the Department of Transportation, or provided for in this Rule, for access to terminals.

(B) Authorization by the Department of Transportation shall consist of an application review and approval process for these access routes, as provided in this Rule.

(e) "Vehicle Template" is a drawing of a twin trailer which tracks the radius of turns to determine design necessary to accommodate vehicle.

(f) "STAA" means Surface Transportation Assistance Act of 1982 and is the enabling federal legislation which allows twin trailers to travel on interstate highways and other approved routes.

(2) REASONABLE ACCESS PROCEDURES:

(a) STAA dimensioned vehicles are allowed "reasonable access" between terminals and the National Truck Network only in accordance with this Section.

(b) For access to terminals and service facilities located within three road miles of the National Network no filing or authorization by the Department of Transportation is required.

(c) For access to terminals located beyond three road miles from the National Truck Network the following procedures apply:

(i) Access routes approved prior to June 1, 1991 for any one particular type of STAA dimensioned vehicle are approved for all STAA dimensioned vehicles for access purposes only.

(ii) Terminal officials and truck operators shall submit an application for a proposed new access route(s) to the State Traffic Engineer of the Department of Transportation for approval. The application shall be on a form provided by the State Traffic Engineer. The submittal shall also include a map, or photocopy of a portion of a map, showing the proposed access route(s) or changes to an existing approved access route(s) and the terminal location.

(iii) The State Traffic Engineer may seek advice from the State Highway Patrol, the Division of Motor Vehicles, or other law enforcement officials concerning the application.

(iv) Public notice of all applications for "reasonable access" pursuant to this Paragraph (2)(c) shall be published by the Department of Transportation in a newspaper regularly circulated in the affected area of the State. The notice shall be published at least once a week on the same day of the week for two consecutive weeks. In addition, governing bodies of incorporated municipalities will be notified by the Department of Transportation of all applications within their jurisdictions.

(v) Access Route Review and Evaluation:

(A) The review and evaluation process of access routes will utilize the application of vehicle templates where suitable roadway plans or photographs are available for the requested route(s). Where such plans or photographs are not available and the use of vehicle templates is not practical, the State Traffic Engineer shall require the terminal official or truck operator requesting the access route(s) to furnish an appropriate STAA dimensioned test vehicle and driver for the purpose of observing the test vehicle traverse the requested access route(s).

(B) Since traffic safety is the overriding concern, the following safety factors shall also be taken into consideration in reviewing and evaluating a requested access route(s):

(I) traffic congestion,

(II) traffic volumes,

(III) route length,

(IV) vehicle mix,

(V) geometric design of the highway,

(VI) intersection geometrics,

(VII) width of the shoulders,

(VIII) width of pavement,

(IX) superelevation of the pavement,

(X) pavement condition,

(XI) at‑grade railroad crossings,

(XII) stopping sight distance,

(XIII) percentage passing sight distance,

(XIV) speed limits,

(XV) vertical and horizontal alignment,

(XVI) ability of other vehicles to pass trucks,

(XVII) widths of bridges,

(XVIII) previous accident experience, and

(XIV) location of schools.

This does not preclude consideration of other relevant safety factors, not included in Paragraph (2)(v)(B)(I) through (XIV).

(vi) A route(s) used for the purpose of connecting two National Truck Network routes is considered a "short‑cut" route(s) and is not authorized by this Rule. Such a route(s) may be considered for designation as an addition to the National Truck Network by the Department of Transportation under G.S. 20‑115.1(g).

(vii) The State Traffic Engineer shall have a period of 90 days from receipt of any fully completed application pursuant to Sub-item (2)(c)(ii) of this Rule to approve or reject the applied for route(s) based on safety considerations and the review and evaluation process outlined in Sub-item (2)(c)(v) of this Rule. Terminal official and truck operators requesting an access route(s) and appropriate law enforcement officials shall be notified of any approval or rejection and the reasons. Automatic approval of a requested access route(s) is provided if such notification is not received within the 90 day period.

(d) The Department of Transportation shall notify appropriate State and local law enforcement officers of an approved "reasonable access" route(s) that serves each terminal within the jurisdiction of the enforcement agency. The State Traffic Engineer shall also make available to terminal officials and commercial motor vehicle operators information regarding reasonable access to and from the National Truck Network.

(e) The Department of Transportation may, at any time subsequent to approval, revoke any routes as a "reasonable access" route(s) based on safety considerations. Terminal officials, truck operators, and appropriate law enforcement officials shall be notified in writing 30 days prior to any revocation.

(f) Any STAA dimensioned vehicle traveling an access route(s) shall have on board an appropriate cargo manifest.

(g) Approval of an access route(s) for one particular type STAA dimensioned vehicle shall constitute approval for all STAA dimensioned vehicles for access purposes only.

(h) Appeal ‑ A terminal official, truck operator, or an appropriate law enforcement official may appeal the rulings concerning an access route(s) made by the State Traffic Engineer to the Secretary of Transportation. In giving notice of appeal, the documentation to support reasons for believing that the determination of the State Traffic Engineer was erroneous shall be provided. The decision of the Secretary of Transportation shall be the final agency decision.

History Note: Authority G.S. 20‑115.1; 136‑18; 143B‑350;

Board of Transportation Minutes for November 18, 1988;

Eff. November 1, 1991;

Amended Eff. November 1, 1993.

19A NCAC 02E .0427 BICYCLE TRAILS

Department of Transportation may permit the municipal governing bodies to jointly use rights of way comprising a part of the State Highway System for the purpose of constructing bicycle trails within the following conditions and limitations:

(1) The municipality will be totally responsible for the design, construction, and maintenance (including adequate signing) of any bicycle trails proposed to be constructed on rights of way of State Highway System routes.

(2) The municipality will be responsible for the preparation of plans for the bicycle trails and will submit said plans to the division of highways for review and approval.

(3) Approval of plans for bicycle trails will be on the basis that said trails do not conflict with highway needs and will not create additional traffic safety problems.

(4) Where requests involve the utilization of highway rights of way acquired through the use of federal‑aid highway funds, concurrence by the Federal Highway Administration is required.

(5) Authorization to the municipality to construct and maintain bicycle trails on State Highway System rights of way will be handled by an encroachment agreement specifying the conditions of the approval and which will include the provision that the municipality will be totally responsible for removing or relocating the bicycle trail from the rights of way if the highway right of way is needed in the future by the Department of Transportation.

History Note: Authority G.S. 136‑71.9; 136‑71.10;

Eff. July 1, 1978;

Amended Eff. October 1, 1993;

Transferred and Recodified from 19A NCAC 2B .0161 Eff. October 1, 1993.

SECTION .0500 ‑ MISCELLANEOUS FUNCTIONS

19A NCAC 02E .0501 WORK FOR OTHER GOVERNMENTAL AGENCIES

19A NCAC 02E .0502 AGREEMENT FOR WORK

History Note: Authority G.S. 136‑18(23); 136‑27; 136‑34; 136‑41.3; 136‑66.1; 143‑64.22;

143‑130; 143‑134; 143D‑24; 153A‑291; 160A‑274;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

SECTION .0600 ‑ SELECTIVE VEGETATION REMOVAL POLICY

19A NCAC 02E .0601 PERMIT TO REMOVE VEGETATION

(a) In recognition of the State of North Carolina's desire to assure that high quality and aesthetically pleasing views are provided highway users, along with recognizing that, within certain specified limitations, businesses and certain business advertising are legitimate commercial uses of property adjacent to the highways and are an integral part of the State's business and marketing economy, permits for opening views to office, institutional, commercial, and industrial developments and legally erected forms of outdoor advertising, which border State highways, are provided by this Section.

(b) Selective thinning, pruning, replacement, relocation, or removal of vegetation within highway rights of way may be permitted only for opening views to office, institutional, commercial and industrial facilities and legally erected forms of outdoor advertising which are located directly adjacent to State highway rights of way. When such thinning, pruning, replacement, relocation, or removal of vegetation is allowed, it shall be performed by the permittee or his agent at no cost to the Department of Transportation and shall comply with this Section.

History Note: Filed as a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Authority G.S. 136‑18(5); G.S. 136‑18(7); G.S. 136‑18(9);

Eff. June 1, 1982;

Amended Eff. June 2, 1982.

19A NCAC 02E .0602 REQUESTS FOR PERMITS For A Business Facility

(a) Applications for selective vegetation thinning, pruning, or removal (exclusive of grasses) at a business facility shall be made by the owner of the business facility to the appropriate Division Engineer of the North Carolina Department of Transportation, Division of Highways. Applications with all required documentation shall be submitted in both printed and electronic form. A non-refundable fee of two hundred dollars ($200.00) must accompany each application.

(b) Selective vegetation thinning, pruning, or removal shall be permitted only for the Permittee's facilities adjacent to highway right of way at locations where such facilities have been constructed. The provisions shall not be used to provide visibility to undeveloped property.

(c) Applications must be accompanied by a sketch showing the requested limits of the selective thinning, pruning, or removal of vegetation. For commercial, industrial, institutional and office facilities, the limits of selective clearing or thinning shall be restricted to the area of right-of-way immediately adjacent to frontage property of the facility but not to exceed 1,000 linear feet.

(d) Applications for permits for vegetation cutting to be performed on State Highway right of way must be accompanied by written authorizations(s) by the underlying fee owner(s) of all property upon which cutting is to take place, provided that where the right of way was secured in fee simple by the Department, such authorization shall not be required. The application must also be accompanied by written authorization of all owners of property abutting the area to be cut.

(e) The selective vegetation control request shall be investigated on site by Maintenance and Roadside Environmental personnel and a representative of the applicant.

(f) If the application for vegetation cutting is for a site located within the corporate limits of a City or Town, the applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department, so that local officials shall be given the opportunity to review the application if the City or Town has previously advised the Division Engineer of their desire to review such applications.

History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-18.7; 136-93; 136-130;

Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Eff. June 1, 1982;

Amended Eff. November 16, 1991; December 1, 1990; August 1, 1985; June 2, 1982;

Temporary Amendment Eff. November 16, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. March 1, 2012.

19A NCAC 02E .0603 ISSUANCE OR DENIAL OF PERMIT For a Business facility

(a) Within 30 days following receipt of the application for a selective vegetation removal permit for a business facility, including the fee and all required documentation, the Division Engineer shall approve or deny the application. The applicant, as part of the application, shall state in writing the date that he has delivered a copy of the application with required attachments to a municipality which has previously advised the Department in writing that it seeks to review such applications. The applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department. The Division Engineer shall have 30 days to approve or deny the application. If the application is denied, the Division Engineer shall advise the applicant, in writing, of the reasons for denial.

(b) The application shall be denied by the Division Engineer if:

(1) It requires removal of trees that were in existence before the business was established. An existing tree shall be one that is four inches, or larger, in diameter as measured six inches from the ground.

(2) The application is for the opening of view to a business which has been declared illegal or is currently involved in litigation with the department.

(3) It is determined that the facility is not screened from view.

(4) Removal of vegetation will adversely affect the safety of the traveling public.

(5) Trees, shrubs, or other vegetation of any sort were planted in accordance with a local, State, or Federal beautification project.

(6) Planting was done in conjunction with a designed noise barrier.

(7) The applicant has not met all permit requirements for work on previous requests under the provisions of the Rules in this Section. This is not cause for denial if the applicant engages a landscape contractor to perform the work.

(8) It involves opening of views to junkyards.

(9) The application is contrary to ordinances or rules and regulations enacted by local government, within whose jurisdiction the work has been requested to be performed.

(10) The applicant fails to provide all documentation required by statute and rule.

History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93; 136-130;

Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Eff. June 1, 1982;

Amended Eff. August 1, 2000; November 1, 1991; December 1, 1990; August 1, 1985; June 2, 1982;

Temporary Amendment Eff. March 1, 2012.

19A NCAC 02E .0604 CONDITIONS OF PERMIT

(a) Selected vegetation within the approved limits shall be thinned, pruned, or removed by the Permittee or his agent in accordance with accepted horticultural practices recommended by North Carolina State University. Roadside environmental personnel shall identify specific trees, shrubs, and other vegetation which may be pruned, thinned, or removed.

(b) The Permittee may be required to furnish a performance bond or check in an amount determined by the Division Engineer to run concurrently with the permit, as deemed necessary to restore the right of way to the original condition if damage occurs.

(d) Permits may be issued for multiple sites; however, a permit must be secured prior to performing any vegetation control work. Routine maintenance by the Permittee or his agent shall not be permitted.

(e) The Permittee or his agent shall not impede traffic on the highway in performing the work. Access to the work site on controlled access highways must be gained without using the main travelway of the highway. The Division Engineer shall determine traffic control signing which may be required. The Permittee shall furnish, erect and maintain the required signs as directed by the Division Engineer.

(f) Any damage to vegetation which is to remain, to highway fences, signs, paved areas, or other facilities shall be repaired or replaced by the Permittee to the satisfaction of the Division Engineer. All trimmings, laps, and debris shall be removed from the right of way and disposed of in areas provided by the Permittee. No burning or burying shall be permitted on the highway right of way. When chipping is used to dispose of trimmings, chips may be neatly spread on right of way at locations which the Division Engineer determines will not be harmful to the environment or traffic safety.

(g) Upon satisfactory completion of all work, the Roadside Inspector shall notify the Division Engineer who shall notify the Permittee in writing of such acceptance, terminate the permit, and return the performance bond or check.

(h) Failure to comply with all the requirements specified in the permit, unless otherwise mutually resolved, shall result in immediate revocation of the permit and forfeiture of any or all of the performance bond or check as determined by the Division Engineer based on conditions stated in Paragraph (b) of this Rule.

History Note: Filed as a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Authority G.S. 136‑18(5); 136‑18(7); 136‑18(9);

Eff. June 1, 1982;

Amended Eff. August 1, 2000; November 1, 1991; August 1, 1985; August 1, 1982; June 2, 1982.

19A NCAC 02E .0605 APPEAL TO THE CHIEF ENGINEER

History Note: Filed as a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Authority G.S. 136‑18(5); 136‑18(7); 136‑18(9);

Eff. June 1, 1982;

Repealed Eff. June 2, 1982.

19A NCAC 02E .0606 EXCEPTIONS TO THE POLICY

History Note: Authority G.S. 136‑18(5); 136‑18(7); 136‑18(9);

Eff. August 1, 1985;

Repealed Eff. December 29, 1993.

19A NCAC 02E .0607 TEMPORARY MORATORIUM

History Note: Authority G.S. 136‑18(5); 136‑18(7); 136‑18(9);

Eff. December 1, 1990;

Repealed Eff. December 29, 1993.

19A NCAC 02E .0608 REQUESTS FOR SELECTIVE VEGETATION REMOVAL PERMITS FOR OUTDOOR ADVERTISING

(a) Applications for selective vegetation thinning, pruning, or removal (exclusive of grasses) shall be made by the owner of an outdoor advertising sign permitted under G.S. 136-129(4) or (5) to the appropriate Division Engineer of the North Carolina Department of Transportation, Division of Highways. Applications with all required documentation shall be submitted in both printed and electronic form. The applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department. A non-refundable fee of two hundred dollars ($200.00) must accompany each application.

(b) Applications must be accompanied by a site plan showing the requested limits of the selective thinning, pruning, or removal of vegetation. The limits must be in compliance with G.S. 136-133.1.

(c) The selective vegetation removal request may be investigated on site by Department personnel and a representative of the applicant.

History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-18.7; 136-93; 136-129(4); 136-129(5); 136-130; 136-133.1; 136-133.2;

Temporary Adoption Eff. March 1, 2012.

19A NCAC 02E .0609 ISSUANCE OR DENIAL OF SELECTIVE VEGETATION REMOVAL PERMIT FOR OUTDOOR ADVERTISING

(a) Within 30 days following receipt of the application for a selective vegetation removal permit for outdoor advertising, including the fee set out in G.S. 136-18.7 and all required documentation set out in G.S. 136-133.2, the Division Engineer shall approve or deny the application. The applicant, as part of the application, shall state in writing the date that he has delivered a copy of the application with required attachments to a municipality which has previously advised the Department in writing that it seeks to review such applications. The applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department. The Division Engineer shall have 30 days to approve or deny the application. If written notice of approval or denial is not given to the applicant after this time, then the application shall be deemed approved. If the application is denied, the Division Engineer shall advise the applicant, in writing, of the reasons for denial.

(b) The application shall be denied by the Division Engineer if:

(1) The application is for an outdoor advertising location where the outdoor advertising permit is less than two years old pursuant to G.S. 136-133.2.

(2) The application is for the opening of a view to a sign which has been declared illegal or whose permit has been revoked or is currently involved in litigation with the Department.

(3) Removal of vegetation will adversely affect the safety of the traveling public.

(4) The application is for the removal of vegetation planted in accordance with a local, State, or Federal beautification project unless a mitigating replanting plan as set forth in 19A NCAC 02E .0611 except for the provisions in Paragraph (d) and Subparagraph (g)(11), is approved by the applicant, the Department, and if applicable, the Federal Highway Administration.

(5) The application is for the removal of vegetation planted as part of a designed noise barrier project unless a mitigating replanting plan as set forth in 19A NCAC 02E .0611 except for the provisions in Paragraph (d) and Subparagraph (g)(11), is approved by the applicant, the Department, and if applicable, the Federal Highway Administration.

(6) On two previous occasions, the applicant has failed to meet the requirements of a selective vegetation removal permit. This is not cause for denial if the applicant engages a landscape contractor to perform the current work.

(7) It involves opening of views to junkyards.

(8) The requested site is subject to a five-year moratorium for willful failure to substantially comply with all requirements specified in a prior selective vegetation removal permit pursuant to G.S. 136-133.4(e).

(9) The applicant fails to provide all documentation required in applicable General Statutes and rules.

History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-130; 136-133.2; 136-133.3; 136-133.4; 136-93;

Temporary Adoption Eff. March 1, 2012.

19A NCAC 02E .0610 CONDITIONS OF SELECTIVE VEGETATION REMOVAL PERMIT FOR OUTDOOR ADVERTISING OR PERMIT REQUIREMENTS

The following apply to the conditions of selective vegetation removal permit for outdoor advertising or permit requirements:

(1) Selected vegetation, as defined in 136-133.1(b) may be allowed to be cut, thinned, pruned or removed in accordance with the standards set out in G.S. 136-133.4.

(2) The permittee shall indemnify and hold harmless the North Carolina Department of Transportation, its employees, attorneys, agents, and contractors against any and all claims or causes of action, and all losses therefrom, arising out of or in any way related to permittee's operation.

(3) The permittee shall furnish a Performance and Indemnity Bond or certified check or cashier's check made payable to North Carolina Department of Transportation for the minimum sum of two thousand dollars ($2,000). The bond, certified check or cashier's check shall cover all restoration of the right of way to the condition prior to the occurrence of the damage caused by the permittee or the permittee's agent, if damage occurs during the permitted selective vegetation removal. The bond or certified check or cashier's check is required before each permit to cut vegetation is issued. The bond shall run concurrently with the permit. The bond shall be released after a final inspection of the work by NCDOT reveals that all work provided for and specified by the permit is found to be completed and all damages to the right of way, including damage to fencing and other structures within the right-of-way, have been repaired or restored to the condition prior to the occurrence of the damage caused by the permittee or the permittee's agent.

(4) Companies that plan to apply for two or more permits may provide continuing bonds for a minimum of one hundred thousand dollars ($100,000) and this type of bond shall be kept on file by the Department.

(5) If the work is to be performed by any entity other than the sign owner or permittee, either the permittee or the other entity must furnish the required bonding as described in this Section, for all work provided for and specified by the permit. Required forms for all bonds are available upon request from the Department. Bonds are to be furnished with the Selective Vegetation Removal application form to the appropriate official assigned to receive selective vegetation removal applications at the local NCDOT Division of Highways Office.

(6) The permittee shall also provide proof of liability insurance of a minimum coverage of five million dollars ($5,000,000). Whoever performs the work, the permittee, his contractor or agent, shall maintain all legally required insurance coverage, including worker's compensation and vehicle liability in the amounts required by law. The permittee, his contractor and agent, are liable for any losses due to the negligence or willful misconduct of his agents, assigns, and employees. The permittee or other entity shall name the Department as an additional insured on its general liability policy and provide the Department with a copy of the certificate showing the Department named as an additional insured.

(7) If there are existing trees requested to be removed, before any work can be performed under a selective vegetation removal permit the permittee must;

(A) Submit the reimbursement to the Department pursuant to G.S. 136-93.2 in a cashier's or certified check;

(B) Fully disassemble two non-conforming outdoor advertising signs and their supporting structures and return the outdoor advertising permits tags to the Department; or

(8) After a tree is removed and the applicant or the Department discovers, based on the number of rings in the tree stump, an error in the tree survey report or site plan, the Department shall request an amendment to the tree survey report or site plan, and a redetermination pursuant to G.S. 136-133.1(d) and (e) shall be made by the Department and the applicant shall be subject to that redetermination.

(9) A Division of Highways Inspector may be present while work is underway. The presence or absence of a Division of Highways inspector at the work site does not lessen the permittee's responsibility for conformity with the requirements of the permit and all applicable General Statutes and rules. Should the inspector fail to point out work that does not conform with the requirements, it does not prevent later notification to the permittee that the work is not in compliance with the permit.

(10) A selective vegetation removal permit must be secured for each applicable outdoor advertising site prior to performing any vegetation removal work.

(11) Should the Division Engineer ("Engineer") or his representative observe unsafe operations, activities or conditions, he shall suspend work. Work shall not resume until the unsafe conditions or activities have been eliminated or corrected. Failure to comply with any of the requirements for safety and traffic control of this permit shall result in suspension of work.

(12) The applicant must certify that he or she has permission from the adjoining landowner(s) to access their private property for the purpose of conducting activities related to the selective vegetation removal permit application.

(13) The Permittee or its contractor or agent must have a copy of the Selective Vegetation Removal Permit on the work site at all times during any phase of selective vegetation cutting, thinning, trimming, pruning, removal, or planting operations.

(14) The permittee shall provide to the appropriate Department official, a 48-hour notification before entering the right-of-way for any work covered by the conditions of the permit. The permittee shall schedule all work with the appropriate Department official. The permittee shall notify the Department in advance of work scheduled for nights, weekends and holidays. The Department reserves the right to modify the permittee's work schedule for nights, weekends, and holidays. When the Department restricts construction in work zones for the safety of the traveling public, the Department shall deny access to the right-of-way for selective vegetation removal.

(15) If work is planned in an active work zone, the permittee shall receive written permission from the contractor or the Department (if the Department's employees are performing the work). The permittee shall provide the Division Engineer with a copy of the written permission.

(16) Sites with vegetation not presenting a hazard from falling tree parts and follow-up work shall be restricted to individual and manual-operated power equipment and hand-held tools.

(17) The Department may allow use of power-driven vegetation removal equipment (such as excavator-based land clearing attachments, skid-steer cutters, and bucket trucks) and access from the private property side to the right-of-way. Tree removal, which presents a hazard from falling tree parts, shall be performed in accordance with International Society of Arboriculture standards. Written authorization must be obtained from the Department for use of power-driven vegetation removal equipment as well as for access to move resources from the private property to the right-of-way. The applicant must provide information on the permit application for which type(s) of equipment and access is requested. The applicant shall also provide contractor qualifications for the Department.

(18) The Department shall determine the traffic control signage that is required. The permittee shall furnish, erect, and maintain the required signs as directed by the Department.

(19) The height of stumps remaining after tree removal shall not exceed four inches above the surrounding ground level. The work site shall be left in a clean and orderly appearance at the end of each workday.

(20) Upon completion of all work, the Department shall notify the Division Engineer who shall notify the Permittee in writing of acceptance, terminate the permit, and return the Performance and Indemnity Bond or certified or cashier's check to the permittee.

(21) Pursuant to 136-133.4(e), willful failure to substantially comply with all the requirements specified in the permit, unless otherwise mutually resolved, shall result in immediate and summary revocation of the selective vegetation removal permit and forfeiture of any or all of the Performance and Indemnity Bond or check as determined by the Division Engineer based on conditions stated in this Rule.

History Note: Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93; 136-130; 136-133.4;

Temporary Adoption Eff. March 1, 2012.

19A NCAC 02E .0611 REQUIREMENTS FOR BEAUTIFICATION AND REPLANTING CONDITIONS OF SELECTIVE VEGETATION REMOVAL PERMIT For OUTDOOR ADVERTISING

(a) Any site qualifies for a beautification and replanting plan.

(b) For future selective vegetation removal applications at replanted sites, replanted materials may be removed only if partially blocking the view to a sign face. In this case, the Department will require plant substitutions on a one for one basis. All requests for plant substitutions shall be approved by the Department and installed according to the rules in this Section.

(d) The caliper inches of existing trees from the applicant's site plan shall equal the caliper inches to be replanted and maintained by the applicant at the outdoor advertising site from which existing trees are requested to be removed. If the caliper inches of existing trees from the site plan exceed the density of the Departments replanting site design, the excess caliper inches of trees shall be delivered by the applicant to the Department according to the schedule described in Subparagraph (g)(6) of this Rule. If plant material other than trees is proposed, the Department may consider such substitution for the required caliper inches. The excess trees shall be planted and maintained by the Department at sites to be determined by the Department.

(e) For sites that qualify according to the replanting criteria described in this Rule, the Department shall consult with the applicant and any local government that has requested to review and provide comments on selective vegetation removal applications pursuant to G.S. 136-93(d) or has notified the Department of its desire to review and provide comments on beautification and replanting plans for outdoor advertising sites. If the local government does provide comments on a beautification and replanting plan, the Department shall take the comments into consideration. If the local government does not make appropriate request for a review, the criteria stated in the rules in this Section shall be followed for replanting determination.

(f) In consideration of differences in outdoor advertising sign structure heights, the Department shall maintain on file regionalized landscape design plans and plant lists as a guide for applicants. The applicant may submit one of the Department's plans or a proposed beautification and replanting plan prepared and sealed by a North Carolina licensed landscape architect. The Department's written approval, based on the American Standard for Nursery Stock, of the beautification, replanting, and maintenance plan will allow the applicant to proceed with requested vegetation cutting, thinning, pruning or removal at the outdoor advertising site.

(g) The approved beautification and replanting plan becomes a part of the selective vegetation removal permit pursuant to G.S. 136-93(b) and 136-133.1(e). All applicable requirements of the permit, including the performance bond and insurance, shall continue to apply until all replanting and establishment requirements are satisfied and accepted in writing by the Department. The Department shall approve the replanting portion of the selective vegetation removal permit in writing detailing the requirements of the beautification and replanting plan. The requirements include the following:

(1) The work for initial plantings and all future replacements must be adhered to by the permittee or any or their employees, agents, or assigns according to International Society of Arboriculture standards except as stipulated in the rules in this section. Initial and replacement planting will be considered acceptable when the plants have been placed in the plant hole, backfilled, watered, mulched, staked, and guyed. All plants of one species, which are shown on the plans to be planted within a bed, shall be planted concurrently and the entire group shall be completed before any plant therein is considered acceptable. Replacement planting consists of replacing those plants which are not in a living and healthy condition as defined in these Rules.

(2) The permittee must adhere to erosion control requirements, according to North Carolina General Statutes, Article 4, Chapter 113A entitled: Sedimentation Pollution Control Act of 1973.

(3) All plant materials shall be approved in writing by the Department prior to arrival at the outdoor advertising site or prior to excess trees being furnished and delivered to the Department. The approval shall be based on the American Standard for Nursery Stock.

(4) All work is subject to NCDOT Division of Highways inspection and shall be scheduled with the Department. A minimum 48-hour notification shall be provided to the Department by the permittee before entering the right-of-way for any beautification and replanting plan requirements.

(5) Grinding of all cut stumps (to a minimum depth of four inches below ground level) must be completed in the area of replanting during the preparation of the site, prior to initial planting.

(6) All initial and replacement plantings shall be installed during the first planting season (November 1 to March 15) following the selective vegetation removal. If replanting cannot be completed by the March 15 deadline, the replanting shall occur during the next planting season. The same dates (November 1 to March 15) apply when the permittee provides the Department with excess plant material at a site where existing caliper inches exceeds the site design capacity.

(7) The permittee shall contact the Department to schedule a final replanting acceptance inspection upon completion of any plant material installation. For one year from the date of the initial planting acceptance for the entire replanting plan, the permittee must establish all plant materials according to these provisions. Establishment for all initial or replacement plants shall begin immediately after they are planted. The permittee shall be responsible for the area around plantings for a distance of six feet beyond the outside edges of the mulch. Establishment shall include cutting of grass and weeds; watering; replacement of mulch; repair or replacement of guy stakes, guy wires, and water rings; and other work to encourage the survival and growth of plant material. The permittee shall remove and dispose of dead plants from the replanting plan site during the establishment period. Prior to the end of the one-year establishment period, the permittee is responsible for contacting the Department to schedule a site meeting with Departmental officials to identify plants to be replaced that are not in a living and healthy condition. Plants do not meet the living and healthy condition requirement and need replacement if 25 percent or more of the crown is dead, if the main leader is dead, or if an area of the plant has died leaving the character of its form compromised, lopsided, or disfigured. The permittee shall replace, during the planting period, plant material needed to restore the planting to the original quantity, size, and species of plant material. Any desired changes in plant material proposed by the permittee must be requested in writing to the Department. The Department shall notify the permittee in writing of the replacement plantings.

(8) At the conclusion of the one-year establishment period the Department shall issue a written acceptance of the permittee's work and release the applicable bond. Then a one-year observation period shall begin in which the permittee or sign owner shall maintain stability of the original and replacement plantings to promote their continued livability and healthy growth. The sign owner is responsible for replacement of plants not meeting the living and healthy condition requirement during the observation period and in accordance with the dates of planting as stated in the rules in this section.

(9) After the one-year observation period concludes, the Department shall notify the sign owner if the permit requirement conditions have been met successfully.

(10) Replanted materials may be pruned according to the International Society of Arboriculture standards; however, topping of trees or other vegetation is not allowed.

(11) Excess plants or trees furnished and delivered to the Department, shall receive care and handling in accordance with the following: In digging, loading, transporting, unloading, planting, or otherwise handling plants, the permittee shall exercise care to prevent windburn; injury to or drying out of the trunk, branches, or roots; and to prevent freezing of the plant roots. The solidity of the plant ball shall be preserved. Delivery of excess plant material shall be scheduled with the Department, allowing a minimum three days notification for each delivery. The permittee's responsibility for the furnished excess plants or trees ends at the time the plant material is delivered to, inspected by, and accepted by the Department.

(12) Should the outdoor advertising structure related to the selective vegetation permit be sold or transferred, the new owner or permit holder is subject to the requirements in the General Statutes and rules in this Section, including those regarding planting, establishment, replacement or renovation plantings, minimum living and healthy condition, and observation.

(13) Willful failure to substantially comply with the requirements of Paragraph (g) of this Rule for the beautification and replanting plan shall subject the permittee to penalties prescribed in G.S. 136-133.4.

History Note: Authority G.S. 136-93; 136-130; 136-133.4;

Temporary Adoption Eff. March 1, 2012.

SECTION .0700 ‑ PROFESSIONAL OR SPECIALIZED SERVICES

19A NCAC 02E .0701 EMPLOYMENT OF PROFESSIONAL/SPECIALIZED FIRM: AUTHORIZATION

The employment by contract of any agency, firm or individual may be authorized and executed by any of the branch managers listed under any of the following conditions:

(1) The required work necessitates engineering or professional expertise and services not available on the staff of the department; or

(2) The required work can be accomplished more effectively, more efficiently, and more economically than by staff of the department; or

(3) The required work cannot be undertaken and accomplished by the staff of the department in time to meet the established schedule for development of the project; or

(4) An emergency situation exists which requires expedient action to alleviate or minimize a condition representing a danger or economic loss to the public; and

(5) Such employment shall not be considered when other agencies of the state which have staff with the necessary expertise are available to accomplish the required work in a satisfactory manner on a schedule and at a cost suitable to meet the department's requirements.

History Note: Filed as a Temporary Rule Eff. June 11, 1982 for a Period of 51 Days to Expire on August 1, 1982;

Authority G.S. 136‑28.1(f); 143B‑350(f)(13) and (g);

Eff. August 1, 1982;

Amended Eff. December 1, 1993; October 1, 1991; April 1, 1986; February 1, 1983.

19A NCAC 02E .0702 SOLICITATION AND AWARD OF CONTRACT

(a) The department shall establish and maintain a "Register of Firms" which have the necessary expertise and experience and have expressed a desire to perform for the department professional engineering or other kinds of professional or specialized services in connection with highway construction or repair. Prequalification pursuant to 19A NCAC 2D .0801 is not required for inclusion on the "Register" or award of a contract under this Section.

(b) Upon authorization by the Board of Transportation for the DOT staff to use a professional/specialized firm, a Selection Committee shall be established by the branch manager consisting of at least three members from the DOT staff who are experienced in the type of services to be contracted. For contracts anticipated to exceed ten thousand dollars ($10,000) solicitation for proposals will be by published advertisement. In addition, solicitation for interest may also be by direct mail to several firms selected from the register. North Carolina firms qualified to do the required work shall be given priority consideration. A North Carolina firm is a firm which maintains an office in North Carolina which is permanently staffed and capable of performing a large portion of the work required.

(d) For contracts having a total cost over ten thousand dollars ($10,000) and for amendments thereto, award shall be made by the Board of Transportation after consultation with the Advisory Budget Commission.

(e) Contract amendments which increase a contract cost to ten thousand dollars ($10,000) or more require approvals as specified in Paragraph (d).

(f) In an emergency situation, these Rules may be waived by the State Highway Administrator pursuant to G.S. 136‑28.1(e). A qualified firm may be selected, negotiations conducted and a contract executed by the State Highway Administrator as required to resolve the emergency conditions.

(g) A noncollusion certification shall be executed by prime contractors and lower tier participants in each transaction involving public funds. Transactions which require certifications from lower tier participants are:

(1) Transactions between a prime contractor and a person other than for a procurement contract, for goods or services, regardless of type.

(2) Procurement contracts for goods and services, between a prime contractor and a person, regardless of type, expected to equal or exceed the Federal small purchase threshold fixed at 10 U.S.C. 2304(g) and U.S.C. 253(g) [currently twenty‑five thousand dollars ($25,000)] under a prime contract.

(3) Procurement contracts for goods or services between a prime contractor and a person, regardless of the amount under which that person will have a critical influence on or substantive control over the transaction. Such include, but are not limited to, bid estimators and contract managers.

The certifications for both the prime contractor and the lower tier participants shall be on a form furnished by the Department of Transportation to comply with Federal Highway Administration requirements, as published in 49 C.F.R. Part 29. The prime contractor is responsible for obtaining the certifications from the lower tier participants and is responsible for keeping them as part of the contract records.

History Note: Filed as a Temporary Rule Eff. June 11, 1982 for a Period of 51 Days to Expire on August 1, 1982;

Authority G.S. 136‑28.1(f); 143B‑350(f)(13) and (g);

Eff. August 1, 1982;

Amended Eff. December 29, 1993; October 1, 1991; April 1, 1986; February 1, 1983.

SECTION .0800 ‑ SOLICITATION OF CONTRIBUTIONS FOR RELIGIOUS PURPOSES AT REST AREAS

19A NCAC 02E .0801 PERMIT TO SOLICIT CONTRIBUTIONS

In recognition of the State of North Carolina's legitimate concern for the safety and well‑being of the traveling public as well as the right of citizens to the free exercise of religion, all religious organizations and those non‑profit charitable or educational organizations with a history of concern for the health and safety of the traveling public are hereby authorized to solicit contributions at North Carolina Highway rest areas, wayside parks, and visitor welcome centers in accordance with these Rules. All other forms of solicitation by any other individuals or organizations are prohibited.

History Note: Authority G.S. 20‑175; 136‑18;

Eff. November 1, 1984;

Amended Eff. December 1, 1993; October 1, 1991; August 1, 1986.

19A NCAC 02E .0802 PERMITS REQUIRED

(a) All organizations desiring to solicit under the provisions of this Section must first obtain a permit from the Department of Transportation for the stated purpose of allowing their members to solicit at designated areas on the state highway system.

(b) Written requests for permits for solicitation shall be sent to the appropriate Division Engineer of the Division of Highways in which the rest area or welcome center is located.

(1) copy of certificate showing that the applicant is exempt from federal income tax as a religious, educational or charitable organization as provided in 26 USC 501(c)(3) together with the applicant's tax exemption number;

(2) a statement indicating the locations where the organization intends to solicit contributions;

(3) the name and address of each individual authorized to solicit for the applicant;

(4) the name of an officer of the applicant, together with an address, to whom the permit is to be sent and complaints are to be directed;

(5) if the request for a permit is from a non‑religious educational or charitable organization, a detailed written description of the organization's past efforts serving and promoting the safety of the traveling public.

(d) When all the appropriate information required in Paragraph (c) of this Rule has been provided by the applicant, a permit shall be issued by the state highway administrator, or his duly authorized representative, and said permit will be effective for a period of 30 days from the date of issuance.

(e) Each permit issued shall describe the activity authorized, the area in which it may be conducted, and the period of time for which the permit is issued.

History Note: Authority G.S. 20‑175; 136‑18;

Eff. November 1, 1984;

Amended Eff. October 1, 1991; September 1, 1986; August 1, 1986; September 1, 1985.

19A NCAC 02E .0803 SOLICITATION RESTRICTIONS AND REQUIREMENTS

(a) Any member of an organization duly permitted under these Rules actually engaged in soliciting for contributions must provide and prominently display an identification tag or badge containing all of the following information:

(1) a photograph;

(2) name;

(3) organization; and

(4) DOT permit number.

(b) While actually engaged in the solicitation of contributions, individual solicitors shall orally identify themselves and state which organization they represent.

(c) Individual solicitors operating under a permit from the department shall be permitted to engage in their solicitation activities only between the hours of 9:00 a.m. and 5:00 p.m. each calendar day except during holidays, when a different time is authorized in the permit.

(d) Individual solicitors are prohibited from soliciting on any portion of a highway not designated as a rest area or welcome center.

(e) The area of the rest area which may be used shall be clearly specified in the permit, and shall not impede visitors' access to rest facilities. At the same time, it shall provide reasonable visibility of the soliciting group when feasible.

(f) Individual solicitors may use incidental water and electric utility services at highway rest areas or visitor centers with connections at locations approved by the Division of Highways.

(g) A permittee shall be limited to one individual solicitor actually engaged in solicitation activities at each site, and this individual may have the assistance of no more than two other members of the permittee's organization.

(h) Individual solicitors shall not persist in soliciting after solicitation has been declined, and solicitors shall not solicit State employees who are identifiable as such.

(i) Individual solicitors shall not harass persons by demanding, threatening or intimidating conduct.

(j) While individual solicitors may solicit from the general public donations for printed matter, refreshments or religious paraphernalia, the individual solicitors must inform the person solicited if a minimum donation is required.

(k) All distribution of refreshments, pamphlets and other materials and/or transfers of money or funds solicited from a person acting pursuant to a permit issued by the State Highway Administrator or his duly authorized representative, shall take place in or at location specifically identified in the permit.

(l) Individual solicitors may not engage in dancing, chanting, the use of music or other noise producing instruments, megaphones, microphones or any other similar devices.

(m) Individual solicitors shall cease activities in the event of emergency situations involving dangers to the general public.

(n) Individual solicitors shall not interfere with pedestrian or vehicular traffic.

(o) No more than two organizations, one religious and one non‑religious charitable or educational, may solicit at highway rest areas, wayside parks or visitor welcome centers at the same time.

History Note: Authority G.S. 20‑175; 136‑18;

Eff. November 1, 1984;

Amended Eff. December 1, 1993; October 1, 1991; August 1, 1986; September 1, 1985.

19A NCAC 02E .0804 REVOCATION OF PERMIT

(a) Any of the following shall be grounds for revoking a permit issued under the provisions of these Rules:

(1) failure to renew the permit issued to the organization;

(2) loss of federal income tax exemptions;

(3) violations of the restrictions on solicitations contained in Rule .0803 of this Section;

(4) substantiated complaints of harassment of travelers by individual solicitors;

(5) any action which adversely affects the health or safety of the traveling public;

(6) fraud or misrepresentation in application on the part of the permittee.

(b) Any organization which applies for a permit for solicitation and is refused such a permit, or any organization which has its permit revoked, may make a written appeal within 30 days of the department's decisions to the Secretary of Transportation whose decisions shall be final.

History Note: Authority G.S. 20‑175; 136‑18;

Eff. November 1, 1984;

Amended Eff. December 1, 1993; August 1, 1986; September 1, 1985.

SECTION .0900 ‑ DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS

19A NCAC 02E .0901 NEWSPAPER DISTRIBUTION POLICY

The Department of Transportation, in recognition of the First Amendment right of freedom of speech which includes the right to distribute newspapers in certain public areas, and in recognition of the State of North Carolina's legitimate concern for the safety and well‑being of the traveling public and the commercial vending authority of the Division of Services to the Blind, Department of Human Resources, has determined that all distribution of newspapers at rest areas and welcome centers on all of North Carolina's highways shall be in accordance with the following Rules. All other forms of newspaper distribution at rest areas and welcome centers are prohibited.

History Note: Authority G.S. 111‑41 et seq.; 136‑18(9);

Eff. October 1, 1991.

19A NCAC 02E .0902 PERMITS REQUIRED

(a) A permit must be obtained from the Department of Transportation to distribute newspapers from newspaper dispensers at rest areas and welcome centers.

(b) All permit requests must be in writing and must include the owner's name, address, telephone number and location of the newspaper dispenser, a plot plan showing the proposed location of the newspaper dispenser and a certification that such location is in conformity with this Section. The filing of a completed permit application will be considered a temporary permit pending the 30 day Department of Transportation review in Paragraph (c) of this Rule.

(c) Within 30 days of receipt of the permit application, the Department of Transportation will review the proposed location and, if it meets all requirements, issue a permit. If the application does not meet all requirements, the Department shall issue a notice of nonconformance and list the reasons the application does not conform to the Department Rules.

(d) The permit shall be valid until terminated or revoked for noncompliance with these Rules.

History Note: Authority G.S. 136‑18(9);

Eff. October 1, 1991.

19A NCAC 02E .0903 INDEMNIFICATION

(a) The owner of the news dispenser, upon the placement of a newspaper dispenser at a rest area or welcome center, assumes the unconditional obligation and thereby agrees to defend, indemnify and save harmless the State, its agents, servants and employees from all suits, actions or claims of any character brought because of death or any injury received or sustained by negligence of State employees or agents, arising out of the installation, use or maintenance of any newspaper dispenser located on State highway rest areas or welcome centers, or where such suit, action or claims arise out of such installation, use or maintenance of any newspaper dispenser being a contributing omission, neglect or misconduct by the permittee, or its employees, agents, distributors or servants relating to the installation, use or maintenance of any newspaper dispenser within the State highway rest areas or welcome centers.

(b) The aforesaid indemnification provision shall be contained in each permit issued by the Department pursuant to this Section.

History Note: Authority G.S. 136‑18(9);

Eff. October 1, 1991.

19A NCAC 02E .0904 LOCATION, INSTALLATION AND MAINTENANCE/NEWSPAPER DISPENSERS

Any newspaper dispenser which in whole or in part rests upon, in or over rest areas or welcome centers shall comply with the following standard:

(1) Newspaper dispensers shall not exceed five feet in height, 36 inches in width, or 30 inches in depth;

(2) Newspaper dispensers may be chained or otherwise attached to one another; however, no more than three newspaper dispensers may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newspaper dispensers so attached.

(3) No newspaper dispenser shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of a newspaper or periodical sold therein.

(4) Every newspaper dispenser placed at a rest area or welcome center shall have affixed thereto in a place where such information may be easily seen, the name, address, and telephone number of the owner and person (if different from the owner) responsible for maintaining the news dispenser.

(5) No newspaper dispenser shall be chained, bolted or otherwise attached to any public fixture located within the State highway right of way, including, but not limited to, official signs, sign supports, guide rails, traffic signal supports, highway lighting supports, controller boxes, fire hydrants or bus shelters.

(6) Newspaper dispensers shall be securely place so as to reasonably prevent personal injury or property damage due to tilting, tipping or overturning.

(7) Every newspaper dispenser shall be maintained so that:

(a) It is reasonably free of dirt and grease.

(b) It is reasonably free of chipped, faded, peeling and cracked paint;

(d) The structural parts thereof are intact.

(8) No newspaper dispenser shall be within five feet of a fire hydrant, fire call box, police call box or any other emergency facility.

(9) No newspaper dispenser shall be placed in lobbies of rest areas or welcome centers or along the sidewalk on the approach to the rest area or welcome center building. Newspaper dispensers also are not allowed under the roof overhangs of these buildings.

(10) No newspaper dispenser shall be placed in such a way that it impedes vehicular, pedestrian or handicapped person movements on drive and walkways, at telephones, trash receptacles, water fountains, to and from picnic areas or to and from rest area and welcome centers service buildings.

(11) No newspaper dispenser shall be placed along the curbs adjacent to parking areas. When a news dispenser is placed along a sidewalk it shall be placed parallel to and no more than six inches from the sidewalk edge farthest from the traffic curb.

(12) Where vending facilities are in existence at rest areas or welcome centers, the newspaper dispensers shall be placed in close proximity to those buildings.

(13) Where vending facilities are planned at a rest area or welcome center, the newspaper dispensers shall be placed near the planned location of the vending facility.

History Note: Authority G.S. 136‑18(9);

Eff. October 1, 1991.

19A NCAC 02E .0905 CONDITIONS, NOTICE OF VIOLATIONS AND APPEALS

(a) The continued placement, use and maintenance of newspaper dispensers is conditioned upon compliance with all the provisions of this Section. If any of the provisions of this Section are alleged to have been violated or if the location, installation, or condition of the newspaper dispenser no longer meets with the specifications of this Section the permittee shall be notified of the non‑compliance by registered mail, return receipt requested.

(b) The notice shall state the specific provision(s) of this Section which are alleged to have been violated.

(c) The notice shall further state that, upon request by the permittee within 15 days of the receipt of said notice, the official issuing the notice of violation shall meet with the permittee to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. That meeting shall take place within 30 days of said request. A request for such a meeting shall stay the further enforcement of this Section, except in emergency situations. Following any such meeting, the official issuing the notice of violation may rescind the notice if it is determined that there was no violation or in the event the alleged violation is otherwise eliminated. The official may also grant time for the correction of any violation upon request.

(d) If, within 30 days after mailing the notice of non‑compliance, or within 30 days after the meeting referred to in Paragraph (c) of this Rule, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, or the permittee has failed to remove the newspaper dispenser or otherwise correct the violation or reason for non‑compliance, the permit shall be revoked and the permittee shall be notified by registered mail that the permit has been revoked.

(e) The decision as provided for in Paragraph (d) of this Rule shall be the final agency decision.

(f) If the permittee (or applicant where no permit has been issued) fails to appeal from the revocation of a permit or a decision not to grant a permit, and does not remove or have removed the newspaper dispenser in question within 30 days from the receipt of a revocation notice, the newspaper dispenser shall be removed by the Department of Transportation maintenance personnel and stored at a Department of Transportation maintenance yard. The permittee shall be notified by registered mail of the location of the newspaper dispenser and the hours when it may be obtained. The Department of Transportation shall not be liable for any damage to the newspaper dispenser, to any material contained therein, or for any lost sales caused by the removal, transportation or storage of the newspaper dispenser.

History Note: Authority G.S. 136‑18(9);

Eff. October 1, 1991;

Amended Eff. December 1, 1993.

19A NCAC 02E .0906 COMPLIANCE WITH DIV OF SERVICES FOR THE BLIND REQUIREMENTS

Permittees must comply with the requirements of the Division of Services for the Blind, Department of Human Resources, as the State licensing agency designated pursuant to Section 2(a)(5) of the Randolph‑Sheppard Act [20 USC 107a(a)(5)].

History Note: Authority G.S. 111‑41 et seq.; 136‑18(9);

Eff. October 1, 1991.

SECTION .1000 ‑ SCENIC BYWAYS

19A NCAC 02E .1001 DEFINITIONS

This Section establishes the Department's rules for the administration, designation and removal of the North Carolina Scenic Byways Program. For purposes of this Section, the following definitions shall apply:

(1) "Board" means North Carolina Board of Transportation.

(2) "Byway" means a scenic highway.

(3) "Designate" means a process for approving a road or a system of roads to the state system of Scenic Byways.

(4) "D.O.H." means Division of Highways of the Department of Transportation.

(5) "Interested Party" means any proponent or opponent of the proposal for the designation or removal of the Byway.

(6) "Intrinsic Qualities/Resources" means unusual, exceptional, or distinctive scenic, recreational, historical, educational, scientific, geological, natural, wildlife, cultural, or ethnic features.

(7) "Merit" means applications with all facts substantiated and considered suitable for further consideration.

(8) "N.C.D.O.T./Department" means North Carolina Department of Transportation.

(9) "Program" means the Scenic Byways Program and its associated administrative tasks.

(10) "Promote" means to foster and encourage the advancement of the Scenic Byways Program.

(11) "Removal" means the process of removing a Byway or a section of a byway from the state system of Scenic Byways.

(12) "Report" means a summary of information prepared by the Roadside Environmental Unit.

(13) "Roadside Environmental Unit" means a unit of the Department of Transportation.

(14) "Scenic Byway/Highway" means a defined road or system of roads, designated by the Board of Transportation, having distinct natural, cultural, historical, and aesthetic qualities.

(15) "Scenic Byway/Highway Management Plan" means strategic goals specifically outlined to preserve or enhance the scenic integrity along a state highway or state byway.

(16) "Scenic Value" means a measurement of the aesthetic quality of an area determined through a visual inventory conducted by the Roadside Environmental Unit.

(17) "T.I.P." means the Transportation Improvement Program.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1002 PURPOSE

(a) The Scenic Byway/Highway system shall be established to provide the public with the opportunity to travel on a system of roads featuring the intrinsic qualities of the State within the existing highway system.

(b) The Scenic Byway/Highway program is intended to identify not create scenic byways/highways.

(c) The program and rules prescribed to sustain the integrity and safety of the scenic byway/highway system shall be incorporated into N.C.D.O.T. planning and maintenance operations.

(d) All lawfully erected outdoor advertising signs adjacent to a Scenic Byway/Highway designated as a part of the interstate or federal‑aid primary highway system as of June 1, 1991, or any highway which is or becomes a part of the National Highway System shall become nonconforming signs and shall be allowed to remain until such time as funds become available for purchase.

(e) The implementation of the system provides an alternative for safe travel, encourages tourism and economic growth, and promotes intrinsic qualities/resources along the highway system.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1003 ADMINISTRATION OF PROGRAM

(a) The responsibilities and execution of duties of implementing and carrying out the goals of the Scenic Byway/Highway program are vested in the Division of Highways (DOH) of the NCDOT. The DOH is authorized:

(1) to plan, design, and develop the Scenic Byway/Highway System and Program;

(2) to develop and make recommendations, including routes to be designated or removed, to the Board of Transportation on the organization and operation of the Scenic Byway/Highway Program;

(3) to support the protection of historical, cultural, natural and aesthetic resources in areas adjacent to the highway.

(b) Other administrative duties which shall be conducted by the Department are:

(1) to compose and provide application forms for proposed Scenic Byway/Highway locations and for removal of Scenic Byway/Highway locations from the system;

(2) to coordinate and manage Scenic Byway/Highway system signing;

(3) to annually review and file a report by February 1 each year with the Secretary of Transportation on the existing Scenic Byways/Highways in the system and those highways offered for both designation and removal in the system;

(4) to oversee interaction between the Department of Transportation and public/private entities interested in the development or management of the State Byway/Highway system;

(5) to develop and make available to the public interpretive information about the Scenic Byways and Highways.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1004 DESIGNATION CRITERIA

(a) The following criteria shall be required for a route to be included in the Scenic Byway/Highway system:

(1) highway design which preserves and protects the natural beauty or scenery of the area;

(2) location on an existing highway or roadway having legal public access;

(3) minimum consecutive length of one mile;

(4) adequate land area to accommodate safe enjoyment of scenic attractions;

(5) evidence of strong local support for the designation established by the proponent of the designation, which includes but is not limited to petitions, letters, and newspaper articles;

(6) significant natural or aesthetic features visible from and adjacent to the roadway. Such features include but are not limited to agricultural lands, vistas of marshes, shorelines, forests, and other areas of dense vegetation or notable geographic characteristics;

(7) intrinsic qualities such as but not limited to historical, cultural, or recreational resources in the area.

(b) The NCDOT shall determine that development of the designated area shall not detract from the scenic natural character and visual quality of the route. The Department shall ensure the route is compatible with recreational, aesthetic, and environmental management needs of the area.

(c) Designation of a highway as a Scenic Byway/Highway shall not significantly interfere with the operation or maintenance of existing public utility lines and facilities.

(d) Designation of a highway as a Scenic Byway/Highway shall not be construed to require any modification in local land use regulations or restrictions, require any change in commercial or agricultural activities, or affect future highway rehabilitation, development, or the need to maintain or improve the roads.

(e) Preference shall be given to a Scenic Byway/Highway with existing protected areas such as national forests or federal or state park land near or adjacent to the proposed route.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1005 DESIGNATION PROCESS

The process for designation as a Scenic Byway shall be as follows:

(1) A non‑profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application to the Roadside Environmental Unit of the Department of Transportation with proper Scenic Byway/Highway identification on the envelope;

(2) Roadside Environmental Unit shall review the application and prepare a written report, which includes findings on the designation criteria set in 19A NCAC 02E .1004 and a recommendation on whether the proposal should be adopted or rejected;

(3) Proposed routes deemed to have merit based on criteria in 19A NCAC 02E .1004 shall be submitted by the DOH staff to the Board of Transportation for approval or denial;

(4) At the request of any interested party, the Citizens Participation Unit of the N.C.D.O.T. shall hold a public hearing to consider any proposal recommended for approval;

(5) If a hearing is requested the proponents of the Byway shall place a legal notice in at least one newspaper in the municipality nearest the proposed Scenic Byway/Highway and in three successive issues. The notice shall contain the date, time, and location of the hearing and a summary of the proposed designation. Proponents of the Byway/Highway shall be responsible for the cost of the legal notice. In addition to the hearing, written comments shall be accepted by the Roadside Environmental Unit for 30 days from the publication of the hearing notice. If no hearing is requested, written comments may be submitted and shall be accepted for 90 days from the date of application. A request for public hearing shall be made within 60 days from the receipt of the application. The hearing shall be held no sooner than 14 days following the last day of the legal notice and no later than 30 days following the last day of the legal notice;

(6) The Department shall notify the proponent in writing of the Board of Transportation's approval or denial of the proposal;

(7) The Board may designate any route or section of a route at anytime so long as the Board meets the criteria in 19A NCAC 02E .1004.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1006 APPLICATION FOR DESIGNATION

(a) The following items shall be included for a Scenic Byway application, but is not limited to such items, to be considered:

(1) The proponent's name, address, telephone number, and name, address, and telephone number of the organization represented if applicable;

(2) A written description of the section of highway to be designated including intrinsic qualities of significance;

(3) Photographic slides of the area indicating intrinsic qualities of significance;

(4) County maps with proposed route marked clearly;

(5) Copies of zoning ordinances applicable to the route or a written list of existing land‑use areas for unzoned areas;

(6) Documentation of notice given to local governments adjacent to proposed route;

(7) For unzoned areas, a written list of commercial or industrial activities adjacent to or within 800 feet of the pavement of the proposed route; and

(8) An optional Scenic Byway Management Plan may be submitted with an application.

(b) All applications shall be received by the Roadside Environmental Unit, N.C. DOT, PO Box 25201, Raleigh, NC 27611, no later than August 31 of each year. Incomplete applications shall not be accepted and will be returned to the proponent.

(c) Application and all application materials shall become the property of the North Carolina Department of Transportation.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1007 REMOVAL PROCESS

(a) A route or section of a route may be removed if its character has changed such that it meets the criteria for removal as specified in G.S. 136‑18(31) and taking into consideration that it no longer meets the criteria as set out in 19A NCAC 02E .1004.

(b) The process of removal shall be as follows:

(1) A non‑profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application for removal to the Roadside Environmental Unit of the Department of Transportation with proper Scenic Byway/Highway identification label on the envelope;

(2) The Roadside Environmental Unit shall review application, prepare a report incorporating a study of the scenic value of the submitted route or section of route and submit proposals deemed to have merit as specified in 19A NCAC 02E .1004 to the Board of Transportation;

(3) At the request of any interested party, the Citizens Participation Unit of the N.C.D.O.T. shall hold a public hearing to consider any proposal recommended for removal;

(4) If a hearing is requested the proponent of the Byway removal shall place a legal notice in at least one newspaper in the municipality nearest the route or section of a route proposed for removal and in three successive issues. The notice shall contain the date, time, and location of the hearing and a summary of the removal proposal. Proponents of the removal shall be responsible for the cost of the legal notice. In addition to the hearing, written comments shall be accepted by the Roadside Environmental Unit for 30 days from the publication of the hearing notice. If no hearing is requested, written comments may be submitted and shall be accepted for 90 days from the date of application. A request for public hearing shall be made within 60 days from the receipt of the application. The hearing shall be held no sooner than 14 days following the last day of the legal notice and no later than 30 days following the last day of the legal notice;

(5) The Board of Transportation shall approve or deny application; and

(6) The Department shall notify the applicant of approval or denial.

(c) The Board may remove any route or section of a route from the Scenic Byway System at anytime so long as the Board meets the criteria for removal outlined in these Rules and in G.S. 136‑18.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1008 REMOVAL APPLICATION

(a) The following shall be included in a Scenic Byway removal application, but is not limited to such items, to be considered.

(1) Characteristic which has changed such that it no longer meets criteria for designation;

(2) Documentation of current zoning, ordinances, and other land‑use controls;

(3) Documentation of public notification of removal to relative parties and legal notice of public notification;

(4) Written route or section of route description, including elements supporting the proposal to remove;

(5) Written applicant information including name, address, and telephone number;

(6) Photographic slides of characteristics supporting proposal to remove;

(7) County maps with route or section of route marked.

(b) Application must be received by the Roadside Environmental Unit, N.C.D.O.T., P.O. Box 25201, Raleigh, NC 27611 at least six months prior to the annual Board meeting set aside for Scenic Byway review. Incomplete applications shall not be accepted and will be returned to the proponent.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

19A NCAC 02E .1009 BOARD OF TRANSPORTATION EVALUATION

(a) The Board of Transportation shall annually evaluate the Scenic Byway/Highway Program at its March meeting.

(b) The review and evaluation shall include, but not be limited to, the following:

(1) An examination of funding for the program;

(2) A determination of suitability of those proposed routes for designation and removal. A request for further information on the proposed route may be made by the Board. The suitability of the route shall be decided at a later date.

(c) The annual meeting date, place, and time shall be determined by the Board of Transportation and shall be consistent within each calendar year and with the annual Transportation Improvement Program (TIP) public hearings.

(d) The Board of Transportation retains the authority to designate or remove a route or a section of a route from the Scenic Byway/Highway system at any time. Prior to making its decision, the DOH shall prepare a recommendation to the Board.

History Note: Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995.

SECTION .1100 – TOURIST-ORIENTED DIECTIONAL SIGN PROGRAM

19A NCAC 02E .1101 TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) PROGRAM

(a) The Tourist-Oriented Directional Sign Program, hereinafter "Program," offered by the North Carolina Department of Transportation, hereinafter "Department," provides directional signing for eligible tourist attractions located on the state non-freeway system which is located within the right-of-way at intersections as specified in the Manual on Uniform Traffic Control Devices (MUTCD).

(b) Requests for information may be directed to the State Traffic Engineer, Division of Highways, Department of Transportation, 1592 Mail Service Center, Raleigh, North Carolina 27699-1592.

(c) Applications for participation in the program shall be accepted by the Division Engineer who is responsible for the county where the attraction is located.

History Note: Authority G.S. 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1102 DEFINITIONS

(a) For purposes of the rules in this Section, the following definitions shall apply:

(1) Panel - A TODS for the purpose of displaying the business identification of and directional information for eligible attractions.

(2) Trailblazer – A TODS for the purpose of guiding tourists from the mainline intersection to the attraction.

(3) Attraction – Classes of businesses or facilities as described in G.S. 136-140.15(b)(2) and (3).

(b) In applying the definitions of "tourist-oriented business" in G.S. 136-140.15, the following additional definition of terms shall be used:

(1) "Substantial Portion" - as used to describe the part of a business's products or services which are of interest to tourists, shall mean at least 30 percent of the products and services are unique to tourists' interests; and

(2) "Significant Interest" - as used to describe the actual interest that the business may have to tourists and is defined as of such unique interest to tourists, above and beyond the interest that the business's products and services may generate among residents of the immediate area, that tourists account for at least 40 percent of the total revenue of the business.

(c) In applying the definitions of "tourist-oriented facility" in G.S. 136-140.15, the following additional definition of terms shall be used:

(1) "Major Portion" - 51 percent;

(2) "Immediate Area" - located within a 20 mile radius of the business or facility; and

(3) "Residing" - living in a particular place for at least four months of a given calendar year.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1103 LOCATION OF TODS

The Department shall control the erection and maintenance of official signs giving specific information of interest to the traveling public in accordance with following criteria:

(1) The Department shall limit the placement of TODS panels to highways other than fully controlled access highways that are either in rural unincorporated areas or in towns or cities with a population of less than 40,000.

(2) The Department shall only erect panels at intersections (at-grade). An at-grade intersection is an intersection which is controlled by stop signs or traffic signals. Trailblazers shall be installed when an attraction is not located on a state highway and further direction is needed to guide the tourist from the intersection to the attraction.

(3) Panels shall be located in a manner to take advantage of natural terrain and to have the least impact on the scenic environment.

(4) A separate sign panel shall be provided on the intersection approach for each eligible attraction. Panels shall be allowed in each direction only when lateral spacing is available. The number of TODS panels shall not exceed a total of six per approach with only one attraction name on each TODS panel.

(5) The center of the mainline TODS intersection shall not be more than five driving miles from the eligible attraction and shall not be placed where prohibited by local ordinance.

(6) If an attraction is not directly on a State highway, it is eligible for TODS panels only if both of the following requirements are met:

(a) It is located on a street that directly connects with a state maintained road.

(b) It is located so that only one TODS Trailblazer, placed on a state maintained road, will lead the tourist to the attraction.

(7) Sign panels shall not be placed immediately in advance of the attraction if its on-premise advertising signs are readily visible from the highway.

(8) TODS panels shall be located at least 200 feet in advance of the main intersection. Signs shall be spaced at least 200 feet apart and at least 200 feet from other traffic control devices. TODS panels shall not be located more than one-half (0.5) mile from the center of the main intersection and shall not be placed in the signing sequence for any other prior intersections.

(9) Existing warning, regulatory, guide or other official highway signs shall take precedence over TODS.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1104 ELIGIBILITY FOR PROGRAM

(a) An attraction is eligible to participate in the Program if it meets the criteria in G.S. 136-140-16.

(b) The maximum distance that an attraction shall be located from the intersection containing TODS panels is five miles. Said distance shall be measured from the center of the intersection coincident with the centerline of a non-controlled access highway route or its median, along the roadways to the respective attraction. The point to be measured to for each attraction is a point on the roadway that leads to the main entrance to the attraction that is perpendicular to the corner of the nearest wall of the attraction to the intersection. The wall to be measured to shall be that of the main building or office. Walls of sheds (concession stands, storage buildings, separate restrooms,) whether or not attached to the main building shall not be used for the purposes of measuring. If the office (main building) of an attraction is located more than two-tenths (0.2) mile from a public road on a private road or drive, the distance to the office along the said drive or road shall be included in the overall distance measured to determine whether or not the attraction qualifies for TODS signing. The office shall be presumed to be at the place where the services are provided.

(c) Interested parties may show that they meet the definition of "tourist-oriented business" or tourist oriented facility" in either of two ways:

(1) An applicant shall certify, through the use of scientific independent surveys, business records, bank records, tax returns, or any other documents which would be admissible in a court proceeding that the applicant or facility meets each aspect of the definition of "tourist oriented business" or the definition of "tourist oriented facility." The applicant has an affirmative burden to provide documentation in support of its showing; or

(2) An applicant may show that it is one of the following, which are presumed to be "tourist oriented businesses" or "tourist oriented facilities:"

(A) Amusement Park: a permanent area open to the general public including at least three of the following activities: roller coasters, entertainment rides, games, swimming, concerts, and exhibitions;

(B) Cultural Center: a facility for cultural events including museums, outdoor theaters, or facilities that exhibit antiques or items painted or crafted by local artists;

(C) Facility Tour Location: a facility such as a factory, institution or a plant which conducts tours at least four times daily on a regularly scheduled year-round basis;

(D) Historic Site or District: a structure or area listed on the national or state historic register. An historic site must be open to the public at least three months out of each year. Historic districts shall provide the public with a single, central location, such as a self-serve kiosk, welcome center or history museum where motorists can obtain information regarding the district;

(E) Recreation area: an attraction which provides tourists with opportunities such as golfing (excluding miniature golf, driving ranges, chip and putt areas, and indoor golf) horseback riding, surfing, bicycling, boating, fishing, picnicking, hiking or rafting and where, either at the attraction or within 10 miles, all necessary equipment can be rented;

(F) Natural Phenomenon: a naturally occurring area which is of interest to the general public, such as a waterfall or cavern;

(G) Zoological/Botanical Parks and Farms: a facility in which living animals or plants are kept and exhibited to the public; and

(H) Agricultural Facility: a facility that provides tours, on-site samples of agricultural products, or produce stands.

(d) "Tourist oriented businesses" or "tourist oriented facilities" shall be businesses or facilities that are a destination for tourists and must provide products or services that meet tourists' primary needs or interests. Shopping malls, furniture stores, drug stores, movie theaters, community business districts, appliance stores, automobile or truck dealerships or garages, houses of worship, real estate offices, livestock sales facilities, sand and gravel facilities, grocery stores, gas or vehicle service stations, bars, lounges, adult establishments, adult video, book, or novelty stores, medical facilities, and restaurants are not considered either "tourist oriented businesses" or "tourist oriented facilities."

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1105 COMPOSITION OF SIGNS

(a) No TODS panel shall be displayed which would mislead or misinform the traveling public.

(b) Any messages that interfere with, imitate, or resemble any official warning or regulatory traffic sign, signal or similar device are prohibited.

(d) TODS panel and trailblazer designs shall be in conformance with the standards as specified in the MUTCD and approved by the Department prior to fabrication and shipment.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1106 FEES

(a) The annual fee for each TODS panel or Trailblazer shall be two hundred dollars ($200.00).

(b) All participating businesses shall pay the annual fee prior to installation of the TODS panel(s).

(c) The annual fee shall be paid by check or money order and is due in advance of the period of service covered by said fee. Failure to pay a fee when due is grounds for removal of the TODS panel and termination of the contract.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1107 CONTRACTS WITH THE DEPARTMENT

(a) The Department shall perform all installation, maintenance, removal and replacement of TODS panel(s).

(b) Applications shall be submitted to the Division Engineer for the Division in which the attraction is located, and must include a layout of the proposed TODS.

(c) Upon approval of the application for participation in the TODS program, the applicant must agree to submit the required annual fee within 30 days of notification.

(d) No TODS panel shall be displayed which, in the opinion of the Department, is unsightly, badly faded, or in a state of dilapidation. The Department shall remove, replace, or mask any such TODS panel. Ordinary maintenance services shall be performed by the Department.

(e) The Department shall remove the TODS panel upon failure to pay the annual fee or for violation of any provision of the rules in this Section and the TODS panel shall be removed.

(f) When a TODS panel is removed, it shall be taken to the Division Traffic Services Shop of the Division in which the attraction is located. The participant shall be notified in writing of such removal and given 30 days in which to retrieve his sign. After 30 days, the TODS panel shall become the property of the Department and shall be disposed of as the Department shall see fit.

(g) Should the Department determine that trailblazing to an attraction is desirable as described in 19A NCAC 02E .1103(6), it shall be done in conformance with the standards for a TODS trailblazer as defined in 19A NCAC 02E .1102(2). The participant shall furnish trailblazing signs required by the Department. In such trailblazer installations, only one TODS trailblazer shall be used per each TODS intersection signed.

(h) Should an attraction qualify for TODS signage at two intersections, the TODS panel shall be erected at the nearest intersection. If the participant desires signing at the second intersection also, it may be so signed provided it does not prevent another attraction from being signed.

(i) An attraction under construction shall not be allowed to apply for participation in the program if its participation would prevent an existing open attraction applicant from participating, unless the open attraction has turned down a previous opportunity offered by the Department to participate in the program as provided in the program. After approval of an application, an attraction under construction shall be allowed priority participation over another eligible attraction that opens for business prior to the time specified for opening in the application by the attraction under construction.

(j) The closest interested eligible attractions at an intersection up to a total of six TODS panels per approach to submit signed contracts shall be allowed TODS panels at that approach. Should the number of attractions at an approach increase to more than the maximum number of TODS panels allowed at that approach and a closer interested eligible participant requests installation of its TODS panels, the farthest qualifying participant shall be removed at the renewal date. Program participants may renew their respective contracts annually provided the attraction maintains program eligibility. An attraction with more than one sign displayed on any intersection approach leg shall have the additional sign(s) removed at the end of a contract period when other eligible attractions apply for space on that approach.

(k) An attraction which has been closed for remodeling or repair shall be granted one year to complete the construction, renovation, or restoration, provided the annual fee is paid and the same type of qualifying service is provided after reopening, even if under a different business name.

(l) Should a participating attraction cease to be in compliance with G.S. 136-140.16 and the rules in this Section, the Division Engineer shall notify the participant that it shall be given 30 days to bring the attraction into compliance or its TODS panel(s) shall be removed. If the attraction is removed and later applies for reinstatement, this request shall be handled in the same manner as a request from a new applicant. When a participating attraction is determined not to be in compliance with G.S. 136-140.16 and the rules in this Section for a second time within two years of the first determination of non- compliance, its TODS panel(s) shall be permanently removed. If an attraction under construction is not open on the specified date in the agreement, the participant shall be given 30 days notification to request the TODS panel installation or forfeit its panel. Future applications shall be treated in the same manner as a new applicant.

(m) The transfer of ownership of an attraction for which an agreement has been lawfully executed shall not affect the validity of the agreement for the TODS agreement provided that the appropriate Division Engineer is given notice in writing of the transfer of ownership within 30 days of the actual transfer and the application is updated.

(n) The Department shall not maintain waiting lists for the program.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1108 APPEAL OF DECISION

(a) Any applicant who is refused, or any participating attraction which has its contract terminated and signs removed, that believes the program is not being administered in accord with the rules in this Section, may appeal the decision of the Division Engineer to the Secretary of the Department of Transportation. The decision of the Secretary is final.

(b) The applicant or participant shall notify the Division Engineer of his decision to appeal by certified mail, return receipt requested, within 10 days of the receipt of the decision.

(c) Within 20 days from the time of submitting his notice of appeal, the applicant or participant shall submit to the Secretary a written appeal setting forth with particularity the facts upon which its appeal is based.

(d) Within 30 days from the receipt of the written appeal or within such additional time as may be agreed to between the Secretary and the appealing party, the Secretary shall make an investigation of the appeal. The Secretary shall then make findings of fact and conclusions pertaining to the appeal on behalf of the Department and the findings and conclusions shall be served upon the appealing party by certified mail, return receipt requested.

History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

section .1200 – private property owners

19A NCAC 02E .1201 PURPOSE

The North Carolina Department of Transportation's Public Vehicular Area designation exists to allow private property to be designated as a public vehicular area by the private property owner.

History Note: Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1202 DEFINITIONS

For the purposes of the rules in this Section, the following definitions shall apply:

(1) "Department" shall mean the North Carolina Department of Transportation.

(2) "Participants" shall mean the private property owners who have registered property as a Public Vehicular Area.

History Note: Authority G.S 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1203 PARTICIPATION

(a) The Division Engineer or his designee shall acknowledge receipt and registration of applications from participants applying to participate in designating a Public Vehicular Area.

(b) By certified check or money order, each participant shall pay a one time non-refundable fee of two hundred dollars ($200.00) for each registration. If the property is sold, the PVA registration shall transfer to the new owner unless the new owner chooses to amend or modify the agreement. This registration fee shall cover the cost of one certified copy of the registration of the Public Vehicular Area. Requests for additional certified copies shall be submitted to the Division Engineer in writing along with a check or money order for five dollars ($5.00) per copy.

History Note: Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19a ncac 02E .1204 RESPONSIBILITIES OF PARTICIPANTS AND DEPARTMENT

(a) The Department shall provide a copy of the official design of the signs that shall state "Public Vehicular Area G.S. 20-219.4."

(b) Any participant shall:

(1) Locate signs in a manner that does not inhibit sight distance or create a safety hazard;

(2) Fabricate, install, and maintain signs in accordance with the Manual on Uniform Traffic Control Devices;

(3) Erect signs so as to provide reasonable notice to the motorist. Signs indicating Public Vehicular Area shall be placed at the driveway entrances to the area and within the limits of the Public Vehicular Area. The signs shall not be placed in the public right of way.

History Note: Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.

19A NCAC 02E .1205 TERMINATION OF THE AGREEMENT

(a) Any participant may choose to cancel the agreement by notifying the Department. No prorated refund shall be given to the participant due to cancellation of agreement.

(b) A participant may choose to modify the agreement by resubmitting an application and two hundred dollars ($200.00) fee for each registration.

History Note: Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.