State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-299_1

§ 160A‑299.1. Applications for intermittent closing of roads within watershed improvementproject by municipality; notice; costs; markers.

(a)        Upon proper application by the board of commissioners of adrainage district established under the provisions of Chapter 156 of theGeneral Statutes by the board of trustees of a watershed improvement districtestablished under the provisions of Article 2 of Chapter 139 of the GeneralStatutes, by the board of county commissioners of any county operating a countywatershed improvement program under the provisions of Article 3 of Chapter 139of the General Statutes, by the board of commissioners of any watershedimprovement commission appointed by a board of county commissioners, or by theboard of supervisors of any soil and water conservation district designated bya board of county commissioners to exercise authority in carrying out a countywatershed improvement program, any municipality for roads or streets comingunder its jurisdictional control is hereby authorized to permit theintermittent closing of any highway or public road within the boundaries of anywatershed improvement project operated by the applicants, whenever in thejudgment of the municipality it is necessary to do so, and when the highway orpublic road will be intermittently subject to inundation by floodwatersretained by an approved watershed improvement project.

(b)        Before any permit may be issued for the temporary inundationand closing of such a road, an application for such permit shall be made to theappropriate municipality by the public body having jurisdiction over thewatershed improvement project. The application shall specify the highway, road,or street involved, and shall request that a permit be granted to the applicantpublic body to allow the intermittent closing of the road.

(c)        Upon receipt of such an application the municipality shallgive public notice of the proposed action by publication in a newspaper ofgeneral circulation in the county or counties, within which the proposedintermittent closing of road or roads would occur; and such notices shallcontain a description of the places of beginning and the places of ending ofsuch intermittent closing. In addition, the municipality shall give notice toall public utilities or common carriers having facilities located within therights‑of‑way of any roads being closed by mailing copies of suchnotices to the appropriate offices of the public utility or common carrierhaving jurisdiction over the affected facilities of the public utility orcommon carrier. Not sooner than 14 days after publication and mailing ofnotices, the municipality may issue its permit with respect to such road.

(d)        All cost in connection with the publication and mailing ofnotices shall be paid by the applicant. In the event any municipality issues apermit allowing the intermittent closing of a road, the permit shall contain aprovision that the applicant public body having jurisdiction over the watershedimprovement project causing the potential flooding shall cause suitable markersto be installed on the road to advise the general public of the intermittentclosing of the road. (1975, c. 639, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-299_1

§ 160A‑299.1. Applications for intermittent closing of roads within watershed improvementproject by municipality; notice; costs; markers.

(a)        Upon proper application by the board of commissioners of adrainage district established under the provisions of Chapter 156 of theGeneral Statutes by the board of trustees of a watershed improvement districtestablished under the provisions of Article 2 of Chapter 139 of the GeneralStatutes, by the board of county commissioners of any county operating a countywatershed improvement program under the provisions of Article 3 of Chapter 139of the General Statutes, by the board of commissioners of any watershedimprovement commission appointed by a board of county commissioners, or by theboard of supervisors of any soil and water conservation district designated bya board of county commissioners to exercise authority in carrying out a countywatershed improvement program, any municipality for roads or streets comingunder its jurisdictional control is hereby authorized to permit theintermittent closing of any highway or public road within the boundaries of anywatershed improvement project operated by the applicants, whenever in thejudgment of the municipality it is necessary to do so, and when the highway orpublic road will be intermittently subject to inundation by floodwatersretained by an approved watershed improvement project.

(b)        Before any permit may be issued for the temporary inundationand closing of such a road, an application for such permit shall be made to theappropriate municipality by the public body having jurisdiction over thewatershed improvement project. The application shall specify the highway, road,or street involved, and shall request that a permit be granted to the applicantpublic body to allow the intermittent closing of the road.

(c)        Upon receipt of such an application the municipality shallgive public notice of the proposed action by publication in a newspaper ofgeneral circulation in the county or counties, within which the proposedintermittent closing of road or roads would occur; and such notices shallcontain a description of the places of beginning and the places of ending ofsuch intermittent closing. In addition, the municipality shall give notice toall public utilities or common carriers having facilities located within therights‑of‑way of any roads being closed by mailing copies of suchnotices to the appropriate offices of the public utility or common carrierhaving jurisdiction over the affected facilities of the public utility orcommon carrier. Not sooner than 14 days after publication and mailing ofnotices, the municipality may issue its permit with respect to such road.

(d)        All cost in connection with the publication and mailing ofnotices shall be paid by the applicant. In the event any municipality issues apermit allowing the intermittent closing of a road, the permit shall contain aprovision that the applicant public body having jurisdiction over the watershedimprovement project causing the potential flooding shall cause suitable markersto be installed on the road to advise the general public of the intermittentclosing of the road. (1975, c. 639, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-299_1

§ 160A‑299.1. Applications for intermittent closing of roads within watershed improvementproject by municipality; notice; costs; markers.

(a)        Upon proper application by the board of commissioners of adrainage district established under the provisions of Chapter 156 of theGeneral Statutes by the board of trustees of a watershed improvement districtestablished under the provisions of Article 2 of Chapter 139 of the GeneralStatutes, by the board of county commissioners of any county operating a countywatershed improvement program under the provisions of Article 3 of Chapter 139of the General Statutes, by the board of commissioners of any watershedimprovement commission appointed by a board of county commissioners, or by theboard of supervisors of any soil and water conservation district designated bya board of county commissioners to exercise authority in carrying out a countywatershed improvement program, any municipality for roads or streets comingunder its jurisdictional control is hereby authorized to permit theintermittent closing of any highway or public road within the boundaries of anywatershed improvement project operated by the applicants, whenever in thejudgment of the municipality it is necessary to do so, and when the highway orpublic road will be intermittently subject to inundation by floodwatersretained by an approved watershed improvement project.

(b)        Before any permit may be issued for the temporary inundationand closing of such a road, an application for such permit shall be made to theappropriate municipality by the public body having jurisdiction over thewatershed improvement project. The application shall specify the highway, road,or street involved, and shall request that a permit be granted to the applicantpublic body to allow the intermittent closing of the road.

(c)        Upon receipt of such an application the municipality shallgive public notice of the proposed action by publication in a newspaper ofgeneral circulation in the county or counties, within which the proposedintermittent closing of road or roads would occur; and such notices shallcontain a description of the places of beginning and the places of ending ofsuch intermittent closing. In addition, the municipality shall give notice toall public utilities or common carriers having facilities located within therights‑of‑way of any roads being closed by mailing copies of suchnotices to the appropriate offices of the public utility or common carrierhaving jurisdiction over the affected facilities of the public utility orcommon carrier. Not sooner than 14 days after publication and mailing ofnotices, the municipality may issue its permit with respect to such road.

(d)        All cost in connection with the publication and mailing ofnotices shall be paid by the applicant. In the event any municipality issues apermit allowing the intermittent closing of a road, the permit shall contain aprovision that the applicant public body having jurisdiction over the watershedimprovement project causing the potential flooding shall cause suitable markersto be installed on the road to advise the general public of the intermittentclosing of the road. (1975, c. 639, s. 2.)