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North Carolina State Highway Right-of-Way (3-NC-c)

In North Carolina, a developer may need to obtain a Utility Encroachment Permit from the North Carolina Department of Transportation (NCDOT) to construct a transmission line on, under, over, or near a state highway. The NCDOT has authority over state highways, including the authority to grant Utility Encroachment. N.C. Gen. Stat. Ann. §136-18 (1921) , 19A N.C. Admin. Code 2b.0502(a) (1981).


State Highway Right-of-Way Process

3-NC-c.1 to 3-NC-c.2 — Will the Project Encroach on a State Highway?

If the project will encroach on a state highway, the developer must obtain a Utility Encroachment Permit from the NCDOT. 19A N.C. Admin. Code 2b.0502(a) (1981).

3-NC-c.3 — Utility Encroachment Permit Application

The developer must send four copies of the Utility Encroachment Permit Application (Application) to the NCDOT District Engineers Office with jurisdiction over the state highway. Applications are available at the Division and District Engineers Office with jurisdiction. 19A N.C. Admin. Code 2b.0503 (1981).

The developer may also need to provide a performance bond to the NCDOT. 19A N.C. Admin. Code 2b.0508 (1981).

3-NC-c.4 to 3-NC-c.5 — Review Application Materials for Completeness

The Division Engineer reviews the Application materials for technical and administrative completeness.

3-NC-c.6 to 3-NC-c.7 — Review Application Materials for Approval

The Division Engineer reviews the Application for approval. 19A N.C. Admin. Code 2b.0504 (1981).

3-NC-c.8 — Utility Encroachment Permit

The developer must comply with any restrictions on or conditions of the Utility Encroachment Permit. The developer must notify the Division Engineer before beginning construction on the Utility Encroachment Permit. 19A N.C. Admin. Code 2b.0511(a) (1981). Additionally, the developer must notify the division engineer in writing when all work has been completed. 19A N.C. Admin. Code 2b.0512 (1981).

3-NC-c.9 — Appeal Decision (Optional)

Any aggrieved party may appeal a final agency decision to the judicial court with jurisdiction. N.C. Gen. Stat. Ann. §150B-43 (1973).


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Contact Information









Edit North Carolina Department of Transportation
Administrative Services Assistant V 919-707-7194 ycooper@ncdotabbazabbagov