19A NCAC 02D .0421. INSTALLATION OF DRIVEWAY PIPE

(a)  Residential Property.  The Department of Transportation road maintenance forces shall at state expense install pipe lines in the drainage ditch along the side of state maintained roads and within state maintained right of way or easement at entrances to private residential property where the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense provided:

(1)           The opening of the side ditch is needed to provide proper drainage.

(2)           The pipe to be installed has sufficient opening as determined by the Department of Transportation.

(3)           The minimum length of pipe to be installed shall be 20 feet with such additional length as may be necessary to accommodate earth side slopes.  The pipe will not be lengthened for the purpose of eliminating typical side ditches.

(4)           The property does not already have adequate ingress and egress.

(5)           The proposed location for the driveway entrance does not present undue safety hazards to the traveling public as determined by the Department of Transportation.

(6)           The property is limited to farm entrances and property owned by the individual currently living on the property or owned by the individual proposing to use the property for residential purposes.  This does not include property being developed for sale.

(b)  Commercial Property.  "Commercial property" includes:

(1)           any property currently being used for commercial or industrial purposes;

(2)           property which is being developed for commercial or industrial purposes; and

(3)           property which is being developed for sale.

(c)  Commercial Driveway Pipe Installed by the Department of Transportation.  Department of Transportation road maintenance forces may install pipe lines in the drainage ditch along the side of state maintained roads and within state maintained right of way or easements at entrances to commercial property when the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense provided:

(1)           Prior to installation, the property owner submits to the Department of Transportation an application for installation of a commercial driveway pipe together with a payment in the amount of ten dollars ($10.00) per linear foot of pipe to be installed.  Said amount is to cover the cost of pipe installation by state forces.

(2)           Prior to installation, the property owner has received an approved commercial driveway permit from the Department of Transportation.  In the event the permit application is denied, the Department of Transportation will return the payment referenced in Subparagraph (c)(1) of this Rule to the applicant.

(d)  Commercial Driveway Pipe Installed by Other than State Forces.  The commercial property owner may elect to have driveway pipe installed by private contractors provided:

(1)           Prior to installation, the property owner submits to the Department of Transportation an application for installation of a commercial driveway pipe together with a payment of fifty dollars ($50.00) to cover the cost of the inspection of the pipe installation by Department of Transportation personnel.

(2)           Prior to installation, the property owner has received an approved commercial driveway permit from the Department of Transportation.  In the event the permit application is denied, the Department of Transportation will return the payment referenced in Subparagraph (d)(1) of this Rule to the applicant.

(3)           The workmanship, materials and final installation are subject to approval by the Department of Transportation's District Engineer in accordance with current Department of Transportation standards.  In the event the pipe installation does not meet the approval of the District Engineer, the Department of Transportation shall remove the pipe at the expense of the property owner.

(4)           Signing, barricades and other devices for handling of traffic adjacent to the installation site is provided during the installation by the property owner or contractor.  Said devices must meet the requirements of the MUTCD and be approved by the District Engineer.

(e)  Installation of pipe by state forces includes necessary excavation, placement of pipe complete in‑place and backfill of the pipe with local material to provide a pipe cover sufficient to maintain the pipe line and grade.  The Department of Transportation is not obligated to construct a finished driveway.

(f)  The Department of Transportation shall furnish and install driveway pipe at state expense at entrances to residential property and commercial property if necessary as a result of the department's relocating or revising the elevation of side ditches for the improvement of highway drainage.

History Note:        Authority G.S. 136‑18(1); 136‑92; 136‑93; 156‑88;

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1983.

Note

Note:  See also Rule .0102 of this Subchapter for pipe size.