North Carolina HB 849: Utility Forced Relocation Expenses.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 849

Short Title: Utility Forced Relocation Expenses. (Public)
Sponsors: Representatives Miller, Pyrtle, Setzer, and Huneycutt (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Energy and Public Utilities, if favorable, State and Local Government, if
favorable, Rules, Calendar, and Operations of the House
April 10, 2025
*H849-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE THE STATE, CITY, OR PUBLIC AUTHORITY REQUIRING THE 2
RELOCATION OF UTILITY FACILITIES RESPONSIBLE FOR THE COST OF 3
RELOCATION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 136-18(10) reads as rewritten: 6
"(10) To make proper and reasonable rules, regulations, and ordinances for the 7
placing or erection of telephone, telegraph, electric, and other lines, above or 8
below ground, wireless facilities, signboards, fences, gas, water, sewerage, 9
oil, or other pipelines, and other similar obstructions that may, in the opinion 10
of the Department of Transportation, contribute to the hazard upon any of the 11
highways or in any way interfere with the highways, and to make reasonable 12
rules and regulations for the proper control thereof. And whenever the order 13
of the Department of Transportation shall require the removal of, or changes 14
in, the location of telephone, telegraph, electric, or other lines, wireless 15
facilities, signboards, fences, gas, water, sewerage, oil, or other pipelines, or 16
other similar obstructions, the owners thereof shall at their own expense, 17
except as provided in G.S. 136-19.5(c), G.S. 136-19.5(c) or 18
G.S. 136-19.5(c1), move or change them to conform to the order of the 19
Department of Transportation. Any violation of these rules and regulations or 20
noncompliance with these orders constitutes a Class 1 misdemeanor. For 21
purposes of this subdivision, "wireless facilities" has the definition set forth in 22
G.S. 160D-931." 23
SECTION 2. G.S. 136-19.5 is amended by adding a new subsection to read: 24
"(c1) If the relocation of utility facilities within the meaning of 23 U.S.C. § 123, and as 25
applied by the U.S. Department of Transportation in 23 C.F.R. § 645.105, is necessitated by the 26
construction of a project on the federal-aid interstate system, including extensions thereof within 27
urban areas, and the cost of the project is eligible and approved for reimbursement by the federal 28
government under the Federal-Aid Highway Act, or any amendment thereof, then in that event 29
the owner or operator of the facilities shall perform any necessary work upon notice from the 30
Department of Transportation, and the State shall pay the entire expense properly attributable to 31
such work after deducting therefrom any increase in the value of the new facility and any salvage 32
value derived from the old facility." 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 849-First Edition
SECTION 3. Article 15 of Chapter 160A of the General Statutes is amended by 1
adding a new section to read: 2
"§ 160A-296.2. Relocation of communications service facilities. 3
Whenever a city requires or directs the removal or relocation of facilities installed or operated 4
in the city's rights-of-way by an owner or operator of broadband services, video programming 5
services pursuant to a franchise issued by the Secretary of State, telephone or telegraph lines, or 6
a wireless facility, as defined in G.S. 160D-931(22), the owner or operator shall remove or 7
relocate the facilities, and the city shall reimburse the owner or operator for the costs and 8
expenses attributable thereto. This section shall not apply to a city with a population of less than 9
5,000 according to the most recent federal decennial census, unless the removal or relocation is 10
required or directed by the city for a road improvement or construction project funded exclusively 11
with federal funds." 12
SECTION 4. G.S. 160A-479.15 reads as rewritten: 13
"§ 160A-479.15. Removal and relocation of utility structures. 14
(a) An authority may require any public utility, railroad, or other public service 15
corporation owning or operating any installations, structures, equipment, apparatus, appliances 16
or facilities in, upon, under, over, across or along any land or facility where an authority has the 17
right to own, construct, operate or maintain its facilities to remove or relocate such installation, 18
structures, equipment, apparatus, appliances or facilities from their location. For purposes of this 19
section, the term "public service corporation" includes an owner or operator of broadband 20
services, video programming services pursuant to a franchise issued by the Secretary of State, 21
telephone or telegraph lines, or a wireless facility, as that term is defined in G.S. 160D-931(22). 22
...." 23
SECTION 5. G.S. 160A-621 reads as rewritten: 24
"§ 160A-621. Removal and reloca