19A N.C. Admin. Code 2E.0427

Current through Register Vol. 39, No. 9, November 1, 2024

Section 02E .0427 - MULTI-USE PATHS

(a) Authorization for a municipality to construct and maintain multi-use paths on State highway system rights-of-way shall be provided through an encroachment agreement between the municipality and Department. The encroachment agreement shall specify the conditions of approval.

(b) The municipality shall submit multi-use path plans with a standardized encroachment agreement to the local highway Division Engineer for review and approval. Encroachment agreements shall include provisions indicating that the municipality is responsible for the following:

(1) design, construction, signage, and maintenance of the proposed multi-use paths;

(2) submitting design and construction plans to the local highway Division Engineer for review and approval prior to bidding for construction; and

(3) relocating the proposed multi-use trail if the highway right-of-way is required for the purpose of road widening by the Department.

(c) A proposed encroachment agreement shall be approved by the Division Engineer upon a determination that the proposed multi-use path is safe and does not conflict with planned highway improvements that have been recommended in an adopted transportation plan.

(d) If a proposed multi-use path utilizes State highway system rights-of-way acquired through the use of federal aid highway funds, then approval shall be obtained from the Federal Highway Administration.

19A N.C. Admin. Code 02E .0427

Authority G.S. 136-71.9; 136-71.10;
Eff. July 1, 1978;
Amended Eff. October 1, 1993;
Transferred and Recodified from 19A NCAC 02B .0161 Eff. October 1, 1993.
Readopted Eff. July 1, 2019.

Authority G.S. 136-71.9; 136-71.10;
Eff. July 1, 1978;
Amended Eff. October 1, 1993;
Transferred and Recodified from 19A NCAC 02B .0161 Eff. October 1, 1993.

Readopted by North Carolina Register Volume 34, Issue 03, August 1, 2019 effective 7/1/2019.