§ 136-182. Supplement for secondary road construction.
§ 136‑182. Supplementfor secondary road construction.
Funds are allocated from theTrust Fund to increase allocations for secondary road improvement made underG.S. 136‑44.2A so that all State‑maintained unpaved secondary roadseligible for paving pursuant to G.S. 136‑44.5(a) can be paved by the 2009‑2010fiscal year.
Allocations of these fundsshall be based on the percentage proportion of the number of miles in thecounty of State‑maintained unpaved secondary roads that are eligible tobe paved under G.S. 136‑44.5(a) bears to the total number of miles in theState of State‑maintained unpaved secondary roads that are eligible to bepaved.
As an exception to the formulafor the allocation of these funds, the Department shall, beginning in the 2006‑2007fiscal year and until the 2009‑2010 fiscal year, set aside up to fivemillion dollars ($5,000,000) to pay for the paving of any unpaved secondaryroad that had previously been determined to be ineligible for paving.
Beginning in fiscal year 2010‑2011,allocations from the Trust Fund shall be based on the total number of secondarymiles in a county in proportion to the total State‑maintained secondaryroad mileage.
The Department shall makeevery effort to acquire right‑of‑way for the purpose of pavingunpaved State secondary roads included in the annual secondary road program.The Division Engineer is authorized to reduce the width of a right‑of‑wayto less than 60 feet to pave an unpaved secondary road with the allocatedfunds, provided that in all circumstances the safety of the public is notcompromised and the minimum accepted design practice is satisfied.(1989, c. 692, s. 1.1; 2003‑112,s. 2; 2004‑124, s. 30.21(e); 2005‑404, s. 3; 2006‑258, ss. 1,3, 4.)