State Codes and Statutes
Statutes > North-carolina > Chapter_136 > GS_136-18_3§136‑18.3. Location of garbage collection containers by counties andmunicipalities.
(a) The Department ofTransportation is authorized to issue permits to counties and municipalitiesfor the location of containers on rights‑of‑way of state‑maintainedhighways for the collection of garbage. Such containers may be located onhighway rights‑of‑way only when authorized in writing by the StateHighway Administrator in accordance with rules and regulations promulgated bythe Department of Transportation. Such rules and regulations shall take intoconsideration the safety of travelers on the highway and the elimination ofunsightly conditions and health hazards. Such containers shall not be locatedon fully controlled‑access highways.
(b) The provisions ofG.S. 14‑399, which make it a misdemeanor to place garbage on highwayrights‑of‑way, shall not apply to persons placing garbage incontainers in accordance with rules and regulations promulgated by theDepartment of Transportation.
(c) The writtenauthority granted by the Department of Transportation shall be no guaranteethat the State system highway rights‑of‑way on which the containersare authorized to be located is owned by the Department of Transportation, andthe issuance of such written authority shall be granted only when the county ormunicipality certifies that written permission to locate the refuse containerhas been obtained from the owner of the underlying fee if the owner can bedetermined and located.
(d) Whenever anymunicipality or county fails to comply with the rules and regulationspromulgated by the Department of Transportation or whenever they fail or refuseto comply with any order of the Department of Transportation for the removal orchange in the location of a container, then the permit of such county ormunicipality shall be revoked. The location of such garbage containers onhighway rights‑ of‑way after such order for removal or change isunauthorized and illegal; the Department of Transportation shall have theauthority to remove such unauthorized or illegal containers and charge theexpense of such removal to the county or municipality failing to comply withthe order of the Department of Transportation. (1973, c. 1381; 1977, c. 464,s. 7.1.)
