§ 136-66.3. Local government participation in improvements to the State transportation system.
§ 136‑66.3. Localgovernment participation in improvements to the State transportation system.
(a) MunicipalParticipation Authorized. A municipality may, but is not required to,participate in the right‑of‑way and construction cost of a Statetransportation improvement approved by the Board of Transportation under G.S.143B‑350(f)(4) that is located in the municipality or itsextraterritorial jurisdiction.
(b) Process forInitiating Participation. A municipality interested in participating in thefunding of a State highway improvement project may submit a proposal to theDepartment of Transportation. The Department and the municipality shall includetheir respective responsibilities for a proposed municipal participationproject in any agreement reached concerning participation.
(c) Type ofParticipation Authorized. A municipality is authorized and empowered toacquire land by dedication and acceptance, purchase, or eminent domain, andmake improvements to portions of the State transportation system lying withinor outside the municipal corporate limits utilizing local funds that have beenauthorized for that purpose. All improvements to State transportation systemsshall be done in accordance with the specifications and requirements of theDepartment of Transportation.
(c1) No TIP Disadvantagefor Participation. If a county or municipality participates in a Statetransportation system improvement project, as authorized by this section, or byG.S. 136‑51 and G.S. 136‑98, the Department shall ensure that thelocal government's participation does not cause any disadvantage to any otherproject in the Transportation Improvement Program under G.S. 143B‑350(f)(4).
(c2) Distribution ofState Funds Made Available by County or Municipal Participation. Any State orfederal funds allocated to a project that are made available by county ormunicipal participation in a project contained in the TransportationImprovement Program under G.S. 143B‑350(f)(4) shall remain in the samefunding region that the funding was allocated to under the distribution formulacontained in G.S. 136‑17.2A.
(c3) Limitation onAgreements. The Department shall not enter into any agreement with a countyor municipality to provide additional total funding for highway construction inthe county or municipality in exchange for county or municipal participation inany project contained in the Transportation Improvement Program under G.S. 143B‑350(f)(4).
(d) Authorization toParticipate in Development‑Related Improvements. When in the review andapproval by a local government of plans for the development of propertyabutting a State transportation system it is determined by the municipalitythat improvements to the State highway system are necessary to provide for thesafe and orderly movement of traffic, the local government is authorized toconstruct, or have constructed, said improvements to the State transportationsystem in vicinity of the development. For purposes of this section,improvements include but are not limited to additional travel lanes, turnlanes, curb and gutter, drainage facilities, and other transportation systemimprovements. All improvements to a State transportation system shall beconstructed in accordance with the specifications and requirements of theDepartment of Transportation and be approved by the Department ofTransportation.
(e) Authorization toParticipate in Project Additions. Pursuant to an agreement with theDepartment of Transportation, a county or municipality may reimburse theDepartment of Transportation for the cost of all improvements, includingadditional right‑of‑way, for a street, highway improvementprojects, or other transportation system improvements approved by the Board ofTransportation under G.S. 143B‑350(f)(4), that are in addition to thoseimprovements that the Department of Transportation would normally include inthe project.
(e1) ReimbursementProcedure. Upon request of the county or municipality, the Department ofTransportation shall allow the local government a period of not less than threeyears from the date construction of the project is initiated to reimburse theDepartment their agreed upon share of the costs necessary for the project. TheDepartment of Transportation shall not charge a local government any interestduring the initial three years.
(f) Report to GeneralAssembly. The Department shall report in writing, on a monthly basis, to theJoint Legislative Commission on Governmental Operations on all agreementsentered into between counties, municipalities and the Department ofTransportation. The report shall state in summary form the contents of suchagreements.
(g) Local GovernmentAcquisition of Rights‑of‑Way. In the acquisition of rights‑of‑wayfor any State street, highway, or other transportation project, the county ormunicipality shall be vested with the same authority to acquire such rights‑of‑wayas is granted to the Department of Transportation in this Chapter. In theacquisition of such rights‑of‑way, counties and municipalities mayuse the procedures provided in Article 9 of this Chapter, and wherever thewords "Department of Transportation" appear in Article 9 they shallbe deemed to include "county," "municipality" or localgoverning body, and wherever the words "Administrator,""Administrator of Highways," "Administrator of the Department ofTransportation," or "Chairman of the Department ofTransportation" appear in Article 9 they shall be deemed to include"county or municipal clerk". It is the intention of this subsectionthat the powers herein granted to municipalities for the purpose of acquiringrights‑of‑way shall be in addition to and supplementary to thosepowers granted in any local act or in any other general statute, and in anycase in which the provisions of this subsection or Article 9 of this Chapterare in conflict with the provisions of any local act or any other provision ofany general statute, then the governing body of the county or municipality mayin its discretion proceed in accordance with the provisions of such local actor other general statute, or, as an alternative method of procedure, inaccordance with the provisions of this subsection and Article 9 of thisChapter.
(h) DepartmentAuthority Concerning Rights‑of‑Way. In the absence of anagreement, the Department of Transportation shall retain authority to pay thefull cost of acquiring rights‑of‑way where the proposed project isdeemed important to a coordinated State transportation system.
(i) Changes to LocalGovernment Participation Agreement. Either the local government or theDepartment of Transportation may at any time propose changes in the agreementsetting forth their respective responsibilities by giving notice to the otherparty, but no change shall be effective until it is adopted by both themunicipal governing body and the Department of Transportation.
(j) Local GovernmentsParty to Rights‑of‑Way Proceeding. Any municipality that agreesto contribute any part of the cost of acquiring rights‑of‑way forany State transportation system shall be a proper party in any proceeding incourt relating to the acquisition of such rights‑of‑way.
(k) Repealed by SessionLaws 2008‑180, s. 6, effective August 4, 2008. (1959, c. 687, s. 3; 1965,c. 867; 1967, c. 1127; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1987, c. 747,s. 3; 1989, c. 595, ss. 2, 3; 1991, c. 21, s. 1; 2000‑188, s. 1; 2001‑245,s. 2; 2008‑180, s. 6; 2009‑266, s. 23.)