2009 North Carolina Code
Chapter 136 - Transportation.
§ 136-182. Supplement for secondary road construction.

§ 136‑182.  Supplement for secondary road construction.

Funds are allocated from the Trust Fund to increase allocations for secondary road improvement made under G.S. 136‑44.2A so that all State‑maintained unpaved secondary roads eligible for paving pursuant to G.S. 136‑44.5(a) can be paved by the 2009‑2010 fiscal year.

Allocations of these funds shall be based on the percentage proportion of the number of miles in the county of State‑maintained unpaved secondary roads that are eligible to be paved under G.S. 136‑44.5(a) bears to the total number of miles in the State of State‑maintained unpaved secondary roads that are eligible to be paved.

As an exception to the formula for the allocation of these funds, the Department shall, beginning in the 2006‑2007 fiscal year and until the 2009‑2010 fiscal year, set aside up to five million dollars ($5,000,000) to pay for the paving of any unpaved secondary road 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 secondary miles in a county in proportion to the total State‑maintained secondary road mileage.

The Department shall make every effort to acquire right‑of‑way for the purpose of paving unpaved State secondary roads included in the annual secondary road program. The Division Engineer is authorized to reduce the width of a right‑of‑way to less than 60 feet to pave an unpaved secondary road with the allocated funds, provided that in all circumstances the safety of the public is not compromised 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.)