SECTION .0600 ‑ DRIVEWAY ENTRANCES

19A NCAC 02B .0601      DRIVEWAYS IN HIGHWAY RIGHT OF WAY ‑ GENERAL

(a)  Any person or corporation desiring to construct a driveway or other connection within the right of way of a state system street or highway shall, before beginning any construction, secure a permit from the Department of Transportation authorizing construction on the state right of way.  Driveway connections to residences are normally excluded from this requirement, but may be included at the option of the Department where access connections involve a public safety hazard or at locations involving a highway construction project or if drainage installation costs are excessive or drainage complications are obvious.

(b)  Failure to secure a permit prior to construction may result in the removal of the driveways or denial of access at that location, until an approved permit is executed.

(c)  Within local governments having local ordinances affecting driveways, the more restrictive ordinance, municipal, county or state, shall apply to driveways connecting into state system streets and roads.

History Note:        Authority G.S. 136‑18(5); 136‑89.50; 136‑89.51;

Eff. April 3, 1981;

Amended Eff. October 1, 1993; July 1, 1981;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.