§ 136-44.8. Submission of secondary roads construction programs to the Boards of County Commissioners.
§136‑44.8. Submission of secondary roads construction programs to theBoards of County Commissioners.
(a) The Department ofTransportation shall post in the county courthouse a county map showingtentative secondary road paving projects rated according to the priority ofeach project in accordance with the criteria and standards adopted by the Boardof Transportation. The map shall be posted at least two weeks prior to thepublic meeting of the county commissioners at which the Department ofTransportation representatives are to meet and discuss the proposed secondaryroad construction program for the county as provided in subsection (c).
(b) The Department ofTransportation shall provide a notice to the public of the public meeting ofthe board of county commissioners at which the annual secondary roadconstruction program for the county proposed by the Department is to bepresented to the board and other citizens of the county as provided insubsection (c). The notice shall be published in a newspaper published in thecounty or having a general circulation in the county once a week for twosucceeding weeks prior to the meeting. The notice shall also advise that acounty map is posted in the courthouse showing tentative secondary road pavingprojects rated according to the priority of each project.
(c) Representatives ofthe Department of Transportation shall meet with the board of countycommissioners at a regular or special public meeting of the board of countycommissioners for each county and present to and discuss with the board ofcounty commissioners and other citizens present, the proposed secondary roadconstruction program for the county. The presentation and discussion shallspecifically include the priority rating of each tentative secondary roadpaving project included in the proposed construction program, according to thecriteria and standards adopted by the Board of Transportation.
At the same meeting after thepresentation and discussion of the annual secondary road construction programfor the county or at a later meeting, the board of county commissioners may (i)concur in the construction program as proposed, or (ii) take no action, or(iii) make recommendations for deviations in the proposed construction program,except as to paving projects and the priority of paving projects for which theboard in order to make recommendations for deviations, must vote to considerthe matter at a later public meeting as provided in subsection (d).
(d) The board of countycommissioners may recommend deviations in the paving projects and the priorityof paving projects included in the proposed secondary road construction programonly at a public meeting after notice to the public that the board willconsider making recommendations for deviations in paving projects and thepriority of paving projects included in the proposed annual secondary roadconstruction program. Notice of the public meeting shall be published by theboard of county commissioners in a newspaper published in the county or havinga general circulation in the county. After discussion by the members of theboard of county commissioners and comments and information presented by othercitizens of the county, the board of county commissioners may recommenddeviations in the paving projects and in the paving priority of secondary roadprojects included in the proposed secondary road construction program. Anyrecommendation made by the board of county commissioners for a deviation in thepaving projects or in the priority for paving projects in the proposedsecondary road construction program shall state the specific reason for eachsuch deviation recommended.
(e) The Board ofTransportation shall adopt the annual secondary construction program for eachcounty after having given the board of county commissioners of each county anopportunity to review the proposed construction program and to makerecommendations as provided in this section. The Board of Transportation shallconsider such recommendations insofar as they are compatible with its general plans,standards, criteria and available funds, but having due regard to developmentplans of the county and to the maintenance and improvement needs of allexisting roads in the county. However, no consideration shall be given to anyrecommendation by the board of county commissioners for a deviation in thepaving projects or in the priority for paving secondary road projects in theproposed construction program that is not made in accordance with subsection(d).
(f) The secondary roadconstruction program adopted by the Board of Transportation shall be followedby the Department of Transportation unless changes are approved by the Board ofTransportation and notice of any changes is given the board of countycommissioners. The Department of Transportation shall post a copy of theadopted program, including a map showing the secondary road paving projectsrated according to the approved priority of each project, at the courthouse,within 10 days of its adoption by the Board of Transportation. The board of countycommissioners may petition the Board of Transportation for review of anychanges to which it does not consent and the determination of the Board ofTransportation shall be final. Upon request, the most recent secondary roadconstruction programs adopted shall be submitted to any member of the GeneralAssembly. The Department of Transportation shall make the annual constructionprogram for each county available to the newspapers having a generalcirculation in the county. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464,s. 9; 1981, c. 536.)