2009 North Carolina Code
Chapter 136 - Transportation.
§ 136-44.5. Secondary roads; mileage study; allocation of funds.

§ 136‑44.5.  Secondary roads; mileage study; allocation of funds.

(a)        Before July 1, in each calendar year, the Department of Transportation shall make a study of all State‑maintained unpaved and paved secondary roads in the State. The study shall determine:

(1)        The number of miles of unpaved State‑maintained roads in each county eligible for paving and the total number of miles that are ineligible;

(2)        The total number of miles of unpaved State‑maintained roads in the State eligible for paving and the total number of miles that are ineligible; and

(3)        The total number of paved State‑maintained roads in each county, and the total number of miles of paved State‑maintained roads in the State.

In this subsection, (i) ineligible unpaved mileage is defined as the number of miles of unpaved roads that have unavailable rights‑of‑way or for which environmental permits cannot be approved to allow for paving, and (ii) eligible unpaved mileage is defined as the number of miles of unpaved roads that have not been previously approved for paving by any funding source or has the potential to be programmed for paving when rights‑of‑way or environmental permits are secured. Except for federal‑aid programs, the Department shall allocate all secondary road improvement funds on the basis of a formula using the study figures.

(b)        The first sixty‑eight million six hundred seventy thousand dollars ($68,670,000) shall be allocated as follows: Each county shall receive a percentage of these funds, the percentage to be determined as a factor of the number of miles of paved and unpaved State‑maintained secondary roads in the county divided by the total number of miles of paved and unpaved State‑maintained secondary roads in the State, excluding those unpaved secondary roads that have been determined to be eligible for paving as defined in subsection (a) of this section. Beginning in fiscal year 2010‑2011, allocations pursuant to this subsection shall be based on the total number of secondary miles in a county in proportion to the total State‑maintained secondary road mileage.

(c)        Funds allocated for secondary road construction in excess of sixty‑eight million six hundred seventy thousand dollars ($68,670,000) shall be allocated to each county based on the percentage proportion that the number of miles in the county of State‑maintained unpaved secondary roads bears to the total number of miles in the State of State‑maintained unpaved secondary roads. In a county that has roads with eligible miles, these funds shall only be used for paving unpaved secondary road miles in that county. In a county where there are no roads eligible to be paved as defined in subsection (a) of this section, the funds may be used for improvements on the paved and unpaved secondary roads in that county. Beginning in fiscal year 2010‑2011, allocations pursuant to this subsection shall be based on the total number of secondary miles in a county in proportion to the total State‑maintained secondary road mileage.

(d)        Copies of the Department study of unpaved and paved State‑maintained secondary roads and copies of the individual county allocations shall be made available to newspapers 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.)