AN ACT to include counties in transportation corridor MAPPING, to conform statutes to county authority AUTHORIZED by the GENERAL assembly, and to allow the department of transportation to furnish road maintenance materials to municipalities on a cost reimbursement basis.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 136‑44.50(a) reads as rewritten:
"(a)	A transportation corridor official map may be adopted or amended by any of the following:
(1)	The governing board of any local government for any thoroughfare included as part of a comprehensive plan for streets and highways adopted pursuant to G.S. 136‑66.2 or for any proposed public transportation corridor included in the adopted long‑range transportation plan.
(2)	The Board of Transportation, or the governing board of any county, for any portion of the existing or proposed State highway system or for any public transportation corridor, to include rail, that is in the Transportation Improvement Program.
(3)	Regional public transportation authorities created pursuant to Article 26 of Chapter 160A of the General Statutes or regional transportation authorities created pursuant to Article 27 of Chapter 160A of the General Statutes for any portion of the existing or proposed State highway system, or for any proposed public transportation corridor, or adjacent station or parking lot, included in the adopted long‑range transportation plan.
(4)	The North Carolina Turnpike Authority for any project being studied pursuant to G.S. 136‑89.183.
(5)	The Wilmington Urban Area Metropolitan Planning Organization for any project that is within its urbanized boundary and identified in G.S. 136‑179.
Before a city adopts a transportation corridor official map that extends beyond the extraterritorial jurisdiction of its building permit issuance and subdivision control ordinances, or adopts an amendment to a transportation corridor official map outside the extraterritorial jurisdiction of its building permit issuance and subdivision control ordinances, the city shall obtain approval from the Board of County Commissioners."
SECTION 2.  G.S. 136‑44.50(a1) reads as rewritten:
"(a1)	No property may be regulated under this Article until:
(1)	The governing board of the city, the county, the regional transportation authority, the North Carolina Turnpike Authority, or the Department of Transportation has held a public hearing in each county affected by the map on the proposed map or amendment. Notice of the hearing shall be provided:
a.	By publication at least once a week for four successive weeks prior to the hearing in a newspaper having general circulation in the county in which the transportation corridor to be designated is located.
b.	By two week written notice to the Secretary of Transportation, the Chairman of the Board of County Commissioners, and the Mayor of any city or town through whose corporate or extraterritorial jurisdiction the transportation corridor passes.
c.	By posting copies of the proposed transportation corridor map or amendment at the courthouse door for at least 21 days prior to the hearing date. The notice required in sub‑subdivision a. above shall make reference to this posting.
d.	By first‑class mail sent to each property owner affected by the corridor. The notice shall be sent to the address listed for the owner in the county tax records.
(1a)	The transportation corridor official map has been adopted or amended by the governing board of the city, the county, the regional transportation authority, the North Carolina Turnpike Authority, or the Department.
(2)	A permanent certified copy of the transportation corridor official map or amendment has been filed with the register of deeds. The boundaries may be defined by map or by written description, or a combination thereof. The copy shall measure approximately 20 inches by 12 inches, including no less than one and one‑half inches binding space on the left‑hand side.
(3)	The names of all property owners affected by the corridor have been submitted to the Register of Deeds."
SECTION 3.  Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑34.1.  Department of Transportation authorized to furnish road maintenance materials to municipalities.
The Department of Transportation is authorized, in its discretion, to furnish municipalities road maintenance materials to aid municipalities in the maintenance of streets upon agreement for reimbursement, as may be required by the Department and agreed to by the municipality. The agreement shall provide for reimbursement in an amount at least equal to the cost of the materials, together with the actual reasonable cost of any handling and storage of the materials and of administering the reimbursement agreement, all as solely determined by the Department. In no event shall the Department of Transportation be required to furnish road maintenance materials when, in the sole determination of the Department of Transportation, to do so would interfere with the maintenance of the streets and highways under its control. Notwithstanding any other provision of law, the provision of and reimbursement for materials under this section shall not be deemed a sale for any purpose."
SECTION 4.  This act becomes effective August 1, 2009.
In the General Assembly read three times and ratified this the 13th day of July, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Beverly E. Perdue
	 Governor

Approved 9:40 a.m. this 24th day of July, 2009