136-26. Closing of State transportation infrastructure during construction or for dangerous conditions; driving through, removal, injury to barriers, warning signs, etc.
(a) If it shall appear necessary to the Department of Transportation, its officers, or appropriate employees, to close any transportation infrastructure coming under its jurisdiction so as to permit proper completion of construction work which is being performed, or to prohibit traffic on transportation infrastructure due to damage posing a danger to public safety, the Department of Transportation, its officers or employees, may close, or cause to be closed, the whole or any portion of transportation infrastructure deemed necessary to be excluded from public travel. While any transportation infrastructure, or portion thereof, is so closed, or while any transportation infrastructure, or portion thereof, is in process of construction or maintenance, the Department of Transportation, its officers or appropriate employees, or its contractor, under authority from the Department of Transportation, may erect, or cause to be erected, suitable barriers or obstruction thereon; may post, or cause to be posted, conspicuous notices to the effect that the transportation infrastructure, or portion thereof, is closed; and may place warning signs, lights and lanterns on transportation infrastructure, or portions thereof.
(b) When infrastructure is closed to the public as provided herein, any person who willfully drives onto transportation infrastructure closed pursuant to this section or removes, injures or destroys any such barrier or barriers or obstructions on the road closed or being constructed, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning signs, lights, or lanterns so erected, posted, or placed pursuant to this section, shall be guilty of a Class 1 misdemeanor.
(c) This prohibition [in this section] does not apply to law enforcement, first responders, personnel of emergency management agencies, or Department of Transportation personnel acting in the course of, and within the scope of, their official duties; or personnel acting in the course of, and within the scope of, installation, restoration or maintenance of utility services in coordination with the Department of Transportation. (1921, c. 2, s. 12; C.S., s. 3846(t); 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1993, c. 539, s. 980; 2009-266, s. 10; 2019-84, s. 1.)
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.