Proposed Rules & Repeal

​​​​​​​​Highway Planning (19A NCAC 02B Section .0100 & .0300)

• N.C. Register on the Office of Administrative Hearings Website​
  

Text of Proposed Rules

Section .0100, Right of Way

• 19A NCAC 02B .0150 – Construction of Railroad Tracks Across Right of Way
• 19A NCAC 02B .0152 – Signalization of Existing Grade Crossing (Proposed repeal)
• 19A NCAC 02B .0153 – Signalization of New Grade Crossing
• 19A NCAC 02B .0154 – Cost of Railroad Separation Structures
• 19A NCAC 02B .0155 – Construction and Maintenance of Railroad Crossings
• 19A NCAC 02B .0156 – Paving of Roadway Surface Crossing Railroad Tracks
• 19A NCAC 02B .0157 – Cost of Changing Elevation of Railroad Facilities
• 19A NCAC 02B .0158 – Changing Grade of Road when Grade of Railroad Tracks is Changed

Section .0300, Chief Engineer - Programs

Notice of Text

• Notice of Text

Explanation of/Reason for Proposed Rule​​

​Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years or they shall expire.

As a result of the periodic review of Subchapter 19A NCAC 02B, these proposed rules were determined as "Necessary with Substantive Public Interest" thus necessitating readoption.

Upon review for the readoption process, the agency deemed the following rules to be necessary without substantive changes and are recommended for readoption:

• 19A NCAC 02B .0150, .0154-.0158 and .315

Upon review for the readoption process, the agency deemed the following rule to be necessary with substantive changes and is recommended for readoption:

• 19A NCAC 02B .0153​
  

Upon review for the readoption process, the agency deemed the following rule to be unnecessary and is recommending repeal:

• 19A NCAC 02B .0152
  

Regulatory Impact Analysis of Amendments in 19A NCAC 02B​​

Public Hearing

The N.C. Department of Transportation held the following public hearing on the proposed rules:

Tuesday, April 2, 2019
3 p.m.
Transportation Mobility & Safety
Conference Room 161
750 N. Greenfield Parkway
Garner, NC 27529

Public Comment

NCDOT accepted public comment from Feb. 15, 2019, until April 18, 2019. The public comment period is now closed. 

​Not applicable to this package of proposed temporary rule:

• Federal Certification
• Fiscal Note/Economic Analysis