§ 136-155 – Availability of federal aid funds.
136-155. Availability of federal aid funds. The Department of Transportation shall not be required to expend any funds for the regulation of junkyards under this Article, nor shall the provisions of this Article, with the exception of G.S. 136-152 hereof, have any force and effect until federal funds are made available to the State for […]
§ 136-175 – Definitions.
136-175. Definitions. The following definitions apply in this Article: (1) Repealed by Session Laws 2013-183, s. 4.7, effective July 1, 2013. (2) Transportation Improvement Program. The schedule of major transportation improvement projects required by G.S. 143B-350(f)(4). (3) Trust Fund. The North Carolina Highway Trust Fund. (1989, c. 692, s. 1.1; 2004-124, s. 30.21(a); 2013-183, s. […]
§ 136-145 – Enforcement provisions.
136-145. Enforcement provisions. Any person, firm, corporation or association that establishes, operates or maintains a junkyard within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, after the effective date of this Article as determined by G.S. 136-155, that does not come within one or more of the exceptions […]
§ 136-146 – Removal of junk from illegal junkyards.
136-146. Removal of junk from illegal junkyards. Any junkyard established after the effective date of this Article as determined by G.S. 136-155, in violation of the provisions of this Article or rules and regulations issued by the Department of Transportation pursuant to this Article, shall be illegal and shall constitute a public nuisance. The Department […]
§ 136-147 – Screening of junkyards lawfully in existence.
136-147. Screening of junkyards lawfully in existence. Any junkyard lawfully in existence on the effective date of this Article as determined by G.S. 136-155 which does not conform to the requirements for exceptions in G.S. 136-144 hereof, and any other junkyard lawfully in existence along any highway which may be hereafter designated as an interstate […]
§ 136-148 – Acquisition of existing junkyards where screening impractical.
136-148. Acquisition of existing junkyards where screening impractical. (a) In the event that the Department of Transportation shall determine that screening of any existing junkyard designated in G.S. 136-147 hereof would be inadequate to accomplish the purposes of this Article, the said Department of Transportation is authorized to secure the relocation, removal or disposal of […]
§ 136-149 – Permit required for junkyards.
136-149. Permit required for junkyards. No person shall establish, operate or maintain a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary system or a North Carolina route in a county that does not have an interstate or federal aid primary highway without […]
§ 136-149.1 – Judicial review.
136-149.1. Judicial review. Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules and regulations enacted pursuant to this Article is entitled to judicial review of such decision under this Article. In order to obtain judicial review of the Secretary […]
§ 136-150 – Condemnation procedure.
136-150. Condemnation procedure. The Department of Transportation shall use the condemnation procedure as provided by Article 9 of Chapter 136 of the General Statutes for the purposes of this Article. (1967, c. 1198, s. 10; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
§ 136-151 – Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation.
136-151. Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation. The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The establishment, operation and maintenance of junkyards permitted in G.S. 136-144 which shall include, but not be limited to, rules and regulations […]