2009 North Carolina Code
Chapter 136 - Transportation.
§ 136-28.6. Participation by the Department of Transportation with private developers.

§ 136‑28.6.  Participation by the Department of Transportation with private developers.

(a)        The Department of Transportation may participate in private engineering and construction contracts for State transportation systems.

(b)        In order to qualify for State participation, the project must be:

(1)        The construction of a transportation project on the Transportation Improvement Plan adopted by the Department of Transportation; or

(2)        The construction of a transportation project on a mutually adopted transportation plan that is designated a Department of Transportation responsibility.

(c)        Only those projects in which the right‑of‑way is furnished without cost to the Department of Transportation are eligible.

(d)        The Department's participation shall be limited to fifty percent (50%) of the amount of any engineering contract and/or any construction contract let for the project.

(e)        Department of Transportation participation in the contracts shall be limited to cost associated with normal practices of the Department of Transportation.

(f)         Plans for the project must meet Department of Transportation standards and shall be approved by the Department of Transportation.

(g)        Projects shall be constructed in accordance with the plans and specifications approved by the Department of Transportation.

(h)        The Secretary shall report in writing, on a quarterly basis, to the Joint Legislative Commission on Governmental Operations on all agreements entered into between a private developer and the Department of Transportation for participation in private engineering and construction contracts under this section.

(i)         Counties and municipalities may participate financially in private engineering, land acquisition, and construction contracts for transportation projects which meet the requirements of subsection (b) of this section within their jurisdiction.  (1987, c. 860, ss. 1, 2; 1989, c. 749, s. 1; 1991, c. 272, s. 1; 1993, c. 183, s. 1; 1995, c. 358, s. 5; c. 437, s. 3; c. 447, ss. 1, 2; 2002‑170, s. 1; 2008‑164, s. 2; 2009‑266, s. 14.)