136-18.3. Location of garbage collection containers by counties and municipalities.
(a) The Department of Transportation is authorized to issue permits to counties and municipalities for the location of containers on rights-of-way of state-maintained highways for the collection of garbage. Such containers may be located on highway rights-of-way only when authorized in writing by the Chief Engineer in accordance with rules and regulations promulgated by the Department of Transportation. Such rules and regulations shall take into consideration the safety of travelers on the highway and the elimination of unsightly conditions and health hazards. Such containers shall not be located on fully controlled-access highways.
(b) The provisions of G.S. 14-399, which make it a misdemeanor to place garbage on highway rights-of-way, shall not apply to persons placing garbage in containers in accordance with rules and regulations promulgated by the Department of Transportation.
(c) The written authority granted by the Department of Transportation shall be no guarantee that the State system highway rights-of-way on which the containers are authorized to be located is owned by the Department of Transportation, and the issuance of such written authority shall be granted only when the county or municipality certifies that written permission to locate the refuse container has been obtained from the owner of the underlying fee if the owner can be determined and located.
(d) Whenever any municipality or county fails to comply with the rules and regulations promulgated by the Department of Transportation or whenever they fail or refuse to comply with any order of the Department of Transportation for the removal or change in the location of a container, then the permit of such county or municipality shall be revoked. The location of such garbage containers on highway rights-of-way after such order for removal or change is unauthorized and illegal; the Department of Transportation shall have the authority to remove such unauthorized or illegal containers and charge the expense of such removal to the county or municipality failing to comply with the order of the Department of Transportation. (1973, c. 1381; 1977, c. 464, s. 7.1; 2012-85, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Powers and Duties of Department and Board of Transportation.
§ 136-17.2 - Members of the Board of Transportation represent entire State.
§ 136-18 - Powers of Department of Transportation.
§ 136-18.01 - Consultation required for welcome and visitor centers.
§ 136-18.02 - Operation of electric vehicle charging stations at rest stops; report.
§ 136-18.03 - Outside counsel.
§ 136-18.04 - Product Evaluation Program.
§ 136-18.05 - Establishment of "DOT Report" Program.
§ 136-18.06 - Public Street Information Database.
§ 136-18.07 - Subdivision Roads Manual.
§ 136-18.3 - Location of garbage collection containers by counties and municipalities.
§ 136-18.3A - Wireless communications infrastructure.
§ 136-18.4 - Provision and marking of "pull-off" areas.
§ 136-18.5 - Wesley DWebster Highway.
§ 136-18.5A - Purple Heart Memorial Highway.
§ 136-18.5B - Dale Earnhardt Highway.
§ 136-18.5C - The U.SMarine Corps HighwayHome of Carolina-Based Marines since 1941.
§ 136-18.6 - Cutting down trees.
§ 136-19.3 - Acquisition of buildings.
§ 136-19.4 - Registration of right-of-way plans.
§ 136-19.4A - Required surveying information in certain acquisition plans.
§ 136-19.5 - Utility right-of-way agreements.
§ 136-19.6 - Right-of-Way Claim Report.
§ 136-20 - Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses.
§ 136-21 - Drainage of highway; application to court; summons; commissioners.
§ 136-22 - View by commissioners; report; judgment.
§ 136-25 - Repair of road detour.
§ 136-27 - Connection of highways with improved streets; pipelines and conduits; cost.
§ 136-27.3 - Relocation of municipalities' utilities by Department; repayment by municipalities.
§ 136-27.3A - Relocation of automatic license plate reader systems.
§ 136-27.4 - Use of certain right-of-way for sidewalk dining.
§ 136-28.1 - Letting of contracts to bidders after advertisement; exceptions.
§ 136-28.2 - Relocated transportation infrastructure; contracts let by others.
§ 136-28.5 - Construction diaries; bid analysis and management system.
§ 136-28.6 - Participation by the Department of Transportation with private developers.
§ 136-28.6A - Partnerships with private developers.
§ 136-28.6B - Applicable stormwater regulation.
§ 136-28.7 - Contract requirements relating to construction materials.
§ 136-28.8 - Use of recycled materials in construction.
§ 136-28.9 - Retainage - construction contracts.
§ 136-28.10 - Highway Fund and Highway Trust Fund Small Project Bidding.
§ 136-28.11 - Design-build construction of transportation projects.
§ 136-28.12 - Litter removal coordinated with mowing of highway rights-of-way.
§ 136-28.13 - Participation in the energy credit banking and selling program.
§ 136-28.14 - Project contractor licensing requirements.
§ 136-28.15 - Diesel vehicles purchase warranty requirement.
§ 136-29 - Adjustment and resolution of Department of Transportation contract claim.
§ 136-30.1 - Center line and pavement edge line markings.
§ 136-32 - Regulation of signs.
§ 136-32.1 - Misleading signs prohibited.
§ 136-32.2 - Placing blinding, deceptive or distracting lights unlawful.
§ 136-32.3 - Litter enforcement signs.
§ 136-33 - Damaging or removing signs; rewards.
§ 136-33.1 - Signs for protection of cattle.
§ 136-33.2A - Signs marking beginning of reduced speed zones.
§ 136-34 - Department of Transportation authorized to furnish road equipment to municipalities.
§ 136-35 - Cooperation with other states and federal government.
§ 136-41.1 - Appropriation to municipalities; allocation of funds generally; allocation to Butner.
§ 136-41.2 - Eligibility for funds; municipalities incorporated since January 1, 1945.
§ 136-41.2A - Eligibility for funds; municipalities incorporated before January 1, 1945.
§ 136-41.2B - Eligibility for funds; municipalities with no road miles ineligible.
§ 136-41.4 - Municipal use of allocated funds; election.
§ 136-41.5 - Annual report on use of Bicycle and Pedestrian Planning Grant funds.
§ 136-42 - Transferred to G.S.2 by Session Laws 1971, c345, s2.
§ 136-42.1 - Archaeological objects on highway right-of-way.
§ 136-42.2 - Markers on highway; cooperation of Department of Transportation.
§ 136-42.3 - Historical marker program.
§ 136-43 - Transferred to § 136-42.3 by Session Laws 1971, c345, s2.
§ 136-43.1 - Procedure for correction and relocation of historical markers.