19A NCAC 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.

History Note:        Authority G.S. 136‑71.9; 136‑71.10;

Eff. July 1, 1978;

Amended Eff. October 1, 1993;

Transferred and Recodified from 19A NCAC 2B .0161 Eff. October 1, 1993.

Readopted Eff. July 1, 2019.