§ 136-44.5. Secondary roads; mileage study; allocation of funds.
§ 136‑44.5. Secondaryroads; mileage study; allocation of funds.
(a) Before July 1, ineach calendar year, the Department of Transportation shall make a study of allState‑maintained unpaved and paved secondary roads in the State. Thestudy shall determine:
(1) The number of milesof unpaved State‑maintained roads in each county eligible for paving andthe total number of miles that are ineligible;
(2) The total number ofmiles of unpaved State‑maintained roads in the State eligible for pavingand the total number of miles that are ineligible; and
(3) The total number ofpaved State‑maintained roads in each county, and the total number ofmiles of paved State‑maintained roads in the State.
In this subsection, (i)ineligible unpaved mileage is defined as the number of miles of unpaved roadsthat have unavailable rights‑of‑way or for which environmentalpermits cannot be approved to allow for paving, and (ii) eligible unpavedmileage is defined as the number of miles of unpaved roads that have not beenpreviously approved for paving by any funding source or has the potential to beprogrammed for paving when rights‑of‑way or environmental permitsare secured. Except for federal‑aid programs, the Department shallallocate all secondary road improvement funds on the basis of a formula usingthe study figures.
(b) The first sixty‑eightmillion six hundred seventy thousand dollars ($68,670,000) shall be allocatedas follows: Each county shall receive a percentage of these funds, thepercentage to be determined as a factor of the number of miles of paved andunpaved State‑maintained secondary roads in the county divided by thetotal number of miles of paved and unpaved State‑maintained secondaryroads in the State, excluding those unpaved secondary roads that have beendetermined to be eligible for paving as defined in subsection (a) of thissection. Beginning in fiscal year 2010‑2011, allocations pursuant to thissubsection shall be based on the total number of secondary miles in a county inproportion to the total State‑maintained secondary road mileage.
(c) Funds allocated forsecondary road construction in excess of sixty‑eight million six hundredseventy thousand dollars ($68,670,000) shall be allocated to each county basedon the percentage proportion that the number of miles in the county of State‑maintainedunpaved secondary roads bears to the total number of miles in the State ofState‑maintained unpaved secondary roads. In a county that has roads witheligible miles, these funds shall only be used for paving unpaved secondaryroad miles in that county. In a county where there are no roads eligible to bepaved as defined in subsection (a) of this section, the funds may be used forimprovements on the paved and unpaved secondary roads in that county. Beginningin fiscal year 2010‑2011, allocations pursuant to this subsection shallbe based on the total number of secondary miles in a county in proportion tothe total State‑maintained secondary road mileage.
(d) Copies of theDepartment study of unpaved and paved State‑maintained secondary roadsand copies of the individual county allocations shall be made available tonewspapers having general circulation in each county.(1973, c. 507, s. 3; 1975, c.716, s. 7; 1989, c. 692, s. 1.8; 2005‑404, s. 2; 2006‑258, ss. 1,2.)