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Get a Document - by Citation - N.C. Gen. Stat. § 136 -102.6 Page 1 of 4 616" N.C. Gen. Stat. § 136 -102.6 General Statutes of North Carolina Copyright 2014 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved * ** Statutes current through the 2014 Regular Session * ** CHAPTER 136. TRANSPORTATION ARTICLE 7. MISCELLANEOUS PROVISIONS Go to the North Carolina Code Archive Directory N.C. Gen. Stat. § 136 -102.6 (2014) § 136 - 102.6. Compliance of subdivision streets with minimum standards of the Board of Transportation required of developers (a) The owner of a tract or parcel of land which is subdivided from and after October 1, 1975, into two or more lots, building sites, or other divisions for sale or building development for residential purposes, where such subdivision includes a new street or the changing of an existing street, shall record a map or plat of the subdivision with the register of deeds of the county in which the land is located. The map or plat shall be recorded prior to any conveyance of a portion of said land, by reference to said map or plat. (b) The right -of -way of any new street or change in an existing street shall be delineated upon the map or plat with particularity and such streets shall be designated to be either public or private. Any street designated on the plat or map as public shall be conclusively presumed to be an offer of dedication to the public of such street. (c) The right -of -way and design of streets designated as public shall be in accordance with the minimum right -of -way and construction standards established by the Board of Transportation for acceptance on the State highway system. If a municipal or county subdivision control ordinance is in effect in the area proposed for subdivision, the map or plat required by this section shall not be recorded by the register of deeds until after it has received final plat approval by the municipality or county, and until after it has received a certificate of approval by the Division of Highways as herein provided as to those streets regulated in subsection (g). The certificate of approval may be issued by a district engineer of the Division of Highways of the Department of Transportation. (d) The right -of -way and construction plans for such public streets in residential subdivisions, including plans for street drainage, shall be submitted to the Division of Highways for review and approval, prior to the recording of the subdivision plat in the office of the register of deeds. The plat or map required by this section shall not be recorded by the register of deeds without a certification pursuant to G.S. 47 -30.2 and, if determined to be necessary by the Review Officer, a certificate of approval by the Division of Highways of the plans for the public street as being in accordance with the minimum standards of the Board of Transportation for acceptance of the subdivision street on the State highway system for maintenance. The Review Officer shall not certify a map or plat subject to this section unless the new streets or changes in existing streets are designated either public or private. The certificate of approval shall not be deemed an acceptance of the dedication of the streets on the subdivision plat or map. Final acceptance by the Division of Highways of the public streets and placing them on the State highway system for maintenance shall be conclusive proof that the streets have been constructed according to http: / /www.lexis.com/ research / retrieve?_ m= d628ebO9de4b4O6l84c7514eOfac4ac5& bro... 12/18/2014