NC General Statutes

N.C. Gen. Stat. § 136-130 (2026)

Regulation of advertising

✓ current as of July 2026
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The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing:

(1) The erection and maintenance of outdoor advertising permitted in G.S. 136-129,

(2) The erection and maintenance of outdoor advertising permitted in G.S. 136-129.1,

(2a) The erection and maintenance of outdoor advertising permitted in G.S. 136-129.2,

(3) The specific requirements and procedures for obtaining a permit for outdoor advertising as required in G.S. 136-133 and for the administrative procedures for appealing a decision at the agency level to refuse to grant or in revoking a permit previously issued, and

(4) The administrative procedures for appealing a decision at the agency level to declare any outdoor advertising illegal and a nuisance as pursuant to G.S. 136-134, as may be necessary to carry out the policy of the State declared in this Article. (1967, c. 1248, s. 5; 1973, c. 507, s. 5; 1975, c. 568, s. 7; 1977, c. 464, ss. 7.1, 31; 1993, c. 524, s. 2.)

 

Notes of Decisions
Cited in 9 cases, 1977–2011 · leading case: Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995).
Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995). · cites it 54× “A study of N.C.Gen.Stat. § 136-130, the only source of authority for the enactment of rules and regulations with respect to outdoor signs, reveals that the petitioner's sign in question is not included within those signs that can be regulated by the Department.”
Capital Outdoor, Inc. v. Tolson, 582 S.E.2d 717 (N.C. Ct. App. 2003). · cites it 4× “N.C. Gen. Stat. § 136-130 (2001). NCDOT first adopted such regulations effective 1 July 1978 and over the years has revised the regulations on a number of occasions.”
Ace-Hi, Inc. v. Dep't of Transp., 319 S.E.2d 294 (N.C. Ct. App. 1984). · cites it 2× “G.S. § 136-130(3) (1981) empowers the DOT to promulgate rules and regulations for the issuance of permits and for the administrative procedures for appealing agency decisions to revoke permits.”
Powell v. North Carolina Dep't of Transp., 704 S.E.2d 547 (N.C. Ct. App. 2011). · cites it 3× “2d 816, 820 , (quoting N.C. Gen. Stat. § 136-130 ) (internal quotation marks omitted) appeal dismissed and disc.”
Freeland v. Greene, 235 S.E.2d 852 (N.C. Ct. App. 1977). · cites it 2× “” Under G.S. 136-130, the Board of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: “(3) The specific requirements and procedures for obtaining a permit for outdoor advertising as required by G.”
Whiteco Metrocom, Inc. v. Roberson, 352 S.E.2d 277 (N.C. Ct. App. 1987). “0210, requires the Department’s district engineer to revoke a sign permit for any one of thirteen reasons, one of which is the “unlawful violation of the control of access on interstate, freeway, and other controlled access facilities.” So when two persons servicing petitioner’s…”
Cain v. North Carolina Dep't of Transp., 560 S.E.2d 584 (N.C. Ct. App. 2002). · cites it 4× “N.C. Gen. Stat. § 136-130 provides NCDOT with the authority to promulgate rules and regulations concerning: (1) outdoor advertising signs along the right-of-way of interstate or primary highways in this State; (2) ‘the specific requirements and procedures for obtaining a permit…”
Advert. Co. v. Bradshaw, SEC. of Transp., 268 S.E.2d 816 (1980). “The statutory scheme is as follows: N.C. Gen. Stat. § 136-130 provides the Department of Transportation with the authority to promulgate rules and regulations concerning: (1) outdoor advertising signs along the right-of-way of interstate or prim *17 ary highways in this State;…”
East v. Harrelson, 476 S.E.2d 136 (N.C. Ct. App. 1996). · cites it 2× “In his Appalachian dissent, Judge Lewis stated that [r]ead together, [ N.C. Gen. Stat. §§ 136-130 and 136-133] grant the Department the authority to grant new permits, to revoke existing permits, and to promulgate rules and regulations for this purpose.”
— N.C. Gen. Stat. § 136-130(1) — 1 case
Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995). “A study of N.C.Gen.Stat. § 136-130, the only source of authority for the enactment of rules and regulations with respect to outdoor signs, reveals that the petitioner's sign in question is not included within those signs that can be regulated by the Department.”
— N.C. Gen. Stat. § 136-130(2) — 1 case
Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995). “A study of N.C.Gen.Stat. § 136-130, the only source of authority for the enactment of rules and regulations with respect to outdoor signs, reveals that the petitioner's sign in question is not included within those signs that can be regulated by the Department.”
— N.C. Gen. Stat. § 136-130(3) — 2 cases
Appalachian Poster Advert. Co., Inc. v. Harrington, 460 S.E.2d 887 (N.C. Ct. App. 1995). “A study of N.C.Gen.Stat. § 136-130, the only source of authority for the enactment of rules and regulations with respect to outdoor signs, reveals that the petitioner's sign in question is not included within those signs that can be regulated by the Department.”
Ace-Hi, Inc. v. Dep't of Transp., 319 S.E.2d 294 (N.C. Ct. App. 1984). “G.S. § 136-130(3) (1981) empowers the DOT to promulgate rules and regulations for the issuance of permits and for the administrative procedures for appealing agency decisions to revoke permits.”
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