§ 136-123. Restoration, preservation and enhancement of natural or scenic beauty.
§ 136‑123. Restoration,preservation and enhancement of natural or scenic beauty.
(a) The Department ofTransportation is hereby authorized and empowered to acquire by purchase,exchanges or gift, the fee‑simple title or any lesser interest therein inreal property in the vicinity of public highways forming a part of the Statehighway system, for the restoration, preservation and enhancement of natural orscenic beauty; provided that no lands, rights‑of‑way or facilitiesof a public utility as defined by G.S. 62‑3(23), or of an electricmembership corporation or telephone membership corporation, may be acquired,except that the Department of Transportation upon payment of the full costthereof may require the relocation of electric distribution or telephone linesor poles; provided further, that such lands may be acquired by the Departmentof Transportation with the consent of the public utility or membershipcorporation.
(b) No landscaping orhighway beautification project undertaken by the Department or any other unitof government may use oyster shells as a ground cover. The Department or anyother unit of government that possesses oyster shells shall make them availableto the Department of Environment and Natural Resources, Division of MarineFisheries, without remuneration, for use in any oyster bed revitalizationprograms or any other program that may use the shells. (1967, c. 1247, s. 2; 1973,c. 507, s. 5; 1977, c. 464, s. 7.1; 2007‑84, s. 1; 2008‑198, s. 4.)