NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 879
HOUSE BILL 580

AN ACT TO AUTHORIZE THE STATE HIGHWAY COMMISSION TO REGULATE CLEARANCES BETWEEN HIGHWAYS AND AIRWAYS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 136-18 is hereby amended by adding thereto a new subsection immediately following subsection (21) to be designated as subsection (22) and to read as follows:
"(22)	No airport or aircraft landing area shall be constructed or altered where such construction or alteration when undertaken or completed may reasonably affect motor vehicle operation and safety on adjoining public roads except in accordance with a written permit from the State Highway Commission or its duly authorized officers. The State Highway Commission is authorized and empowered to regulate airport and aircraft landing area construction and alteration in order to preserve safe clearances between highways and airways and the State Highway Commission is authorized and empowered to make rules, regulations, and ordinances for the preservation of safe clearances between highways and airways. The State Highway Commission shall be responsible for determining safe clearances and shall fix standards for said determination which shall not exceed the standards adopted for similar purposes by the United States Bureau of Public Roads under the Federal Aid Highway Act of 1958. Any person, firm, corporation or airport authority constructing or altering an airport or aircraft landing area without obtaining a written permit as herein provided, or not in compliance with the terms of such permit, or violating the provisions of the rules, regulations or ordinances promulgated under the authority of this Section shall be guilty of a misdemeanor punishable in the discretion of the court; provided, that this subsection shall not apply to publicly owned and operated airports and aircraft landing areas receiving Federal funds and subject to regulation by the Federal Aviation Authority."
Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 2 1/2.  Nothing contained herein shall prohibit necessary repairs from being made to or on any airport facilities now in existence regardless of their present location.
Sec. 3.  This Act shall become effective January 1, 1966.
In the General Assembly read three times and ratified, this the 9th day of June, 1965.