N.C. Gen. Stat. § 136-27.1

Current through Session Law 2022-75
Section 136-27.1 - Relocation of water and sewer lines of municipalities, nonprofit water or sewer corporations or associations, local boards of education, and certain private water or sewer utilities
(a) The Department of Transportation shall pay the nonbetterment cost for the relocation of water and sewer lines, located within the existing State transportation project right-of-way, that are necessary to be relocated for a State transportation improvement project and that are owned by:
(i) a municipality with a population of 10,000 or less according to the latest decennial census;
(ii) a nonprofit water or sewer association or corporation;
(iii) any water or sewer system organized pursuant to Chapter 162A of the General Statutes;
(iv) a rural water system operated by a County as an enterprise system;
(v) any sanitary district organized pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes;
(vi) constructed by a water or sewer system organized pursuant to Chapter 162A of the General Statutes and then sold or transferred to a municipality with a population of greater than 10,000 according to the latest decennial census;
(vii) a local board of education; or
(viii) a private water or sewer utility organized pursuant to Chapter 62 of the General Statutes serving 10,000 or fewer customers.
(b) A municipality with a population of greater than 10,000 shall pay a percentage of the nonbetterment cost for relocation of water and sewer lines owned by the municipality and located within the existing State transportation project right-of-way that are necessary to be relocated for a State transportation improvement project. The percentage shall be based on the municipality's population, with the Department paying the remaining costs, as follows:
(1) A municipality with a population of greater than 10,000, but less than 50,000, shall pay twenty-five percent (25%) of the cost.
(2) A municipality with a population of 50,000 or greater, but less than 100,000, shall pay fifty percent (50%) of the cost.
(3) A municipality with a population of 100,000 or greater shall pay one hundred percent (100%) of the cost.

N.C. Gen. Stat. § 136-27.1

Amended by 2020 N.C. Sess. Laws 74,s. 16-a, eff. 7/1/2020, effective retroactively to March 1, 2020, and applicable to nonbetterment costs for State transportation improvement projects incurred on or after that date.
Amended by 2019 N.C. Sess. Laws 197,s. 1, eff. 8/14/2019.
Amended by 2015 N.C. Sess. Laws 241,s. 29.20-a, eff. 1/1/2016.
Amended by 2015 N.C. Sess. Laws 111,s. 1, eff. 7/1/2015.
Amended by 2009 N.C. Sess. Laws 266,s. 11, eff. 8/1/2009.
1983 (Reg. Sess., 1984), c. 1090; 1985, c. 479, s. 186 (a) ; 1985 (Reg. Sess., 1986), c. 1018, s. 11; 1993 (Reg. Sess., 1994), c. 736, s. 1; 1995, c. 33, s. 1; c. 266, s. 1.1.