North Carolina 2023-2024 Session Status: In Committee Bipartisan · 6 R · 2 D cosponsors

SB 635 — Orphan Roads.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

17 added · 18 removed

Plain-language change summary

In the latest version of Senate Bill 635, some technical language has been clarified and simplified, particularly regarding the maintenance and acceptance guarantee for new roadways. The bill now requires these guarantees to be set by the county but capped at 20%, ensuring that there is a limit on the financial obligations for new roads. This change aims to make the process more straightforward and financially manageable for local governments, which is important for effective community planning and infrastructure.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 5, 2023 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 635 Short Title:
635 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS15271-MQ-81 Short Title:
A BILL TO BE ENTITLED AN ACT TO IMPLEMENT TEMPORARY MAINTENANCE AND ACCEPTANCE GUARANTEES FOR SUBDIVISION DEVELOPMENTS TO PREVENT THE CREATION OF UNMAINTAINED PUBLICLY DEDICATED ROADS AND TO INCREASE TRANSPARENCY IN ROAD CLASSIFICATIONS.
Rules and Operations of the Senate April 6, 2023 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT TEMPORARY MAINTENANCE AND ACCEPTANCE GUARANTEES FOR SUBDIVISION DEVELOPMENTS TO PREVENT THE CREATION OF UNMAINTAINED PUBLICLY DEDICATED ROADS AND TO INCREASE TRANSPARENCY IN ROAD CLASSIFICATIONS.
Once the road or street meets all applicable requirements set by the administering entity, the developer may utilize the temporary maintenance and acceptance guarantee to meet minimum standards for acceptance into the *DRS15271-MQ-81* General Assembly Of North Carolina Session 2023 roadway system.
Once the road or street meets all applicable requirements set by the administering entity, the developer may utilize the temporary maintenance and acceptance guarantee to meet minimum standards for acceptance into the *S635-v-1* General Assembly Of North Carolina Session 2023 roadway system.
If the developer is unable, as determined by the county, to ensure the road meets minimum standards for acceptance, the county may utilize the temporary maintenance and acceptance guarantee and bid, pursuant to Chapter 143 of the General Statutes, for the repair of the roadway using funds from the temporary maintenance and acceptance guarantee in order to meet such minimum standards.
If the developer is unable, as determined by the county, to ensure the road meets minimum standards for acceptance, the county may utilize the temporarymaintenance and acceptance guarantee and bid, pursuant to Chapter 143 of the General Statutes, for the repair of the roadway using funds from the temporary maintenance and acceptance guarantee in order to meet such minimum standards.
– If the road or street has not been accepted into the applicable roadway system for maintenance for a period of four years after the plat has been recorded in the office of the appropriate register of deeds, the administering entity shall automatically accept the road or street into its respective roadway system for maintenance.
– If the road or street has not been accepted into the applicable roadwaysystem for maintenance for a period of four years after the plat has been recorded in the office of the appropriate register of deeds, the administering entity shall automatically accept the road or street into its respective roadway system for maintenance.
If the road or street is accepted pursuant to subdivision (3) of this subsection, the temporary maintenance and acceptance guarantee shall be released by the county to the respective administering entity in an amountcommensuratewiththereasonablecostsnecessaryfortheroad or street to meet minimum standards for acceptance into the respective roadway system.
If the road or street is accepted pursuant to subdivision (3) of this subsection, the temporarymaintenance and acceptance guarantee shall be released by the county to the respective administering entity in an amountcommensuratewiththereasonablecostsnecessaryfortheroad or street to meet minimum standards for acceptance into the respective roadway system.
– The posted amount of the temporary maintenance and acceptance guarantee shall be set by the county but shall not exceed twenty percent (20%) of the reasonably estimated total cost of construction for the road or street secured by the temporary maintenance and acceptance guarantee, as determined by the county, of the transportation improvements at the time the guarantee is issued.
– The posted amount of the temporary maintenance and acceptance guarantee shall be set bythe countybut shall not exceed twenty percent (20%) of the reasonably estimated total cost of construction for the road or street secured by the temporary maintenance and acceptance guarantee, as determined by the county, of the transportation improvements at the time the guarantee is issued.
Page 2 DRS15271-MQ-81 General Assembly Of North Carolina Session 2023 b.
Page 2 Senate Bill 635-First Edition General Assembly Of North Carolina Session 2023 b.
Any subdivision roadway that is publicly dedicated on a final plat shall be regulated by those standards or regulations in effect at the time the final plat was recorded." SECTION 4.
Any subdivision roadway that is publiclydedicated on a final plat shall be regulated by those standards or regulations in effect at the time the final plat was recorded." SECTION 4.
(a) At least 60 days prior to any action by the Department of Transportation abandoning asegment ofroad and removing thesamefrom theStatehighwaysystem formaintenance,except roads abandoned on request of the county commissioners under G.S.
(a) At least 60 days prior to any action by the Department of Transportation abandoning asegment ofroad and removingthesamefromtheStatehighwaysystem formaintenance,except roads abandoned on request of the county commissioners under G.S.
136-63, the Department of Transportation shall notify by registered mail or personal delivery all owners of property DRS15271-MQ-81 Page 3 General Assembly Of North Carolina Session 2023 adjoining the section of road to be abandoned whose whereabouts can be ascertained by due diligence.
136-63, the Department of Transportation shall notify by registered mail or personal delivery all owners of property Senate Bill 635-First Edition Page 3 General Assembly Of North Carolina Session 2023 adjoining the section of road to be abandoned whose whereabouts can be ascertained by due diligence.
If the street is designated by the developer and seller as a public street, the developer and seller shall certify (i) that the right-of-way and design of the street has been approved by the Division of Highways, and Highways or the municipality, as applicable, (ii) that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation or the municipality, as applicable, for acceptance on the State or municipal highway system.
If the street is designated by the developer and seller as a public street, the developer and seller shall certify (i) that the right-of-way and design of the street has been approved bythe Division of Highways, and Highways or the municipality, as applicable, (ii) that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation or the municipality, as applicable, for acceptance on the State or municipal highway system.
Page 4 DRS15271-MQ-81
Page 4 Senate Bill 635-First Edition
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How this bill changes current law

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Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill introduces temporary maintenance guarantees for publicly dedicated subdivision roadways to ensure their proper maintenance and acceptance into public road systems.

  • N.C.G.S. § 160D-804.2

    Temporary maintenance and acceptance guarantees. (a) To ensure proper maintenance of publicly dedicated subdivision roadways and compliance with G.S. 160D-804 and other development regulation requirements, a county shall require posting of a temporary maintenance guarantee, by the developer, for any publicly dedicated roadway to be transferred for public maintenance under G.S. 136-102.6 or under any applicable municipal ordinance.

    This establishes a new requirement for developers to post temporary maintenance guarantees for publicly dedicated roads.

  • N.C.G.S. § 160D-804.1(1)c

    Other form of guarantee that provides equivalent security to a surety bond or letter of credit. → Another form of guarantee that provides equivalent security to a surety bond or letter of credit.

    Clarifies the language around acceptable forms of guarantees to ensure consistency in interpretation.

  • N.C.G.S. § 160D-809

    Subdivision roadway minimum standards. Any subdivision roadway that is publicly dedicated on a final plat shall be regulated by those standards or regulations in effect at the time the final plat was recorded.

    Establishes that new subdivision roadways must adhere to the standards that were in place when their final plat was recorded.

  • N.C.G.S. § 136-18.06

    Public Street Information Database. The Department shall compile a readily available 'Public Street Information Database' and place it in operation on or before January 1, 2020. The information shall convey the status of roads within the State, and it shall be updated at least monthly.

    Imposes a requirement for the Department of Transportation to maintain a database reflecting the current status of roads, enhancing public transparency.

  • N.C.G.S. § 136-102.6

    … or the municipality, as applicable, (ii) that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation or the municipality, as applicable, for acceptance on the State or municipal highway system.

    Clarifies that both the Department of Transportation and municipalities may have standards for street acceptance.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 171 not signed on

Sponsors (2)

Co-sponsors (6)

Not signed on (171)

171 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
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Frequently asked questions

Who sponsors SB 635?
SB 635 is sponsored by Vickie Sawyer (Republican), Tom McInnis (Republican), Michael A. Lazzara (Republican), Steve Jarvis (Republican), Timothy D. Moffitt (Republican), Natalie S. Murdock (Democratic), DeAndrea Salvador (Democratic), and Benton G. Sawrey (Republican).
What is the current status of SB 635?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 635?
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