North Carolina § 136-11 - 1. Prior consultation on transportation projects.

§ 136-11. 1. Prior consultation on transportation projects.

Prior to any action of the Board on a transportation project, the Department shall inform all municipalities, counties, and utility providers affected by a planned transportation project and request each to submit within 45 days a written resolution expressing their views on the project. A municipality or county may designate a Transportation Advisory Committee to submit its response to the Department's request for a resolution. Upon receipt of a written resolution from all affected parties or their designees, or the expiration of the 45-day period, whichever occurs first, the Board may take action. The Department and the Board shall consider, but shall not be bound by, the views of the affected parties or their designees on each transportation project. The failure of an affected party to express its views within the time provided shall not prevent the Department or the Board from taking action. The Department shall not be required to send notice under this section if it has already received a written resolution from the affected party on the planned transportation project. "Action of the Board", as used in this section, means approval by the Board of: the Transportation Improvement Program and amendments to the Transportation Improvement Program; the Secondary Roads Paving Program and amendments to the Secondary Roads Paving Program; and individual applications for access and public service road projects, contingency projects, small urban projects, and spot safety projects that exceed two hundred fifty thousand dollars ($250,000). The 45-day notification provision may be waived upon a finding by the Secretary of Transportation that emergency action is required. Such findings must be reported to the Joint Legislative Transportation Oversight Committee. History (1998-169, s. 3; 2016-90, s. 1; 2017-57, s. 34.4A(a).) Editor's Note. - Session Laws 2017-57, s. 34.4(b), made the amendment to this section by Session Laws 2017-57, s. 34.4(a), effective June 28, 2017, and applicable to transportation projects planned on or after that date. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2016-90, s. 1, effective July 11, 2016, substituted "two hundred fifty thousand dollars ($250,000)" for "one hundred fifty thousand dollars ($150,000)." Session Laws 2017-57, s. 34.4A(b), rewrote the first sentence, which read: "Prior to any action of the Board on a transportation project, the Department shall inform all municipalities and counties affected by a planned transportation project and request each affected municipality or county to submit within 45 days a written resolution expressing their views on the project."; in the third sentence, substituted "parties" for "municipalities or counties" and substituted "parties or their designees" for "municipalities and counties"; substituted "an affected party" for "a county or municipality" in the fourth sentence; and substituted "party" for "county or municipality" in the fifth sentence For effective date and applicability, see editor's note. Legal Periodicals. - For 1999 legislative survey, see 21 Campbell L. Rev. 323 (1999).