N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-26 (2026)

Closing of State transportation infrastructure during construction or for dangerous conditions; driving through, removal, injury to barriers, warning signs, etc

✓ current as of July 2026
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(a) If it shall appear necessary to the Department of Transportation, its officers, or appropriate employees, to close any transportation infrastructure coming under its jurisdiction so as to permit proper completion of construction work which is being performed, or to prohibit traffic on transportation infrastructure due to damage posing a danger to public safety, the Department of Transportation, its officers or employees, may close, or cause to be closed, the whole or any portion of transportation infrastructure deemed necessary to be excluded from public travel. While any transportation infrastructure, or portion thereof, is so closed, or while any transportation infrastructure, or portion thereof, is in process of construction or maintenance, the Department of Transportation, its officers or appropriate employees, or its contractor, under authority from the Department of Transportation, may erect, or cause to be erected, suitable barriers or obstruction thereon; may post, or cause to be posted, conspicuous notices to the effect that the transportation infrastructure, or portion thereof, is closed; and may place warning signs, lights and lanterns on transportation infrastructure, or portions thereof.

(b) When infrastructure is closed to the public as provided herein, any person who willfully drives onto transportation infrastructure closed pursuant to this section or removes, injures or destroys any such barrier or barriers or obstructions on the road closed or being constructed, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning signs, lights, or lanterns so erected, posted, or placed pursuant to this section, shall be guilty of a Class 1 misdemeanor.

(c) This prohibition [in this section] does not apply to law enforcement, first responders, personnel of emergency management agencies, or Department of Transportation personnel acting in the course of, and within the scope of, their official duties; or personnel acting in the course of, and within the scope of, installation, restoration or maintenance of utility services in coordination with the Department of Transportation. (1921, c. 2, s. 12; C.S., s. 3846(t); 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1993, c. 539, s. 980; 2009-266, s. 10; 2019-84, s. 1.)

 

Notes of Decisions
Cited in 4 cases, 1962–1968 · leading case: CCT Equip. Co. v. Hertz Corp., 123 S.E.2d 802 (N.C. 1962).
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CCT Equip. Co. v. Hertz Corp., 123 S.E.2d 802 (N.C. 1962). · cites it 2× “G.S. 136-26 provides: “If it shall appear necessary to the State Highway Commission, its officers, or appropriate employees, to close any road or highway coming under its jurisdiction so as to permit proper completion of work which is being performed, such commission, its…”
Luther v. Asheville Contracting Co., 151 S.E.2d 649 (N.C. 1966). “G.S. 136-26. Under this statute, the authority of the Commission, acting through its division engineer and its resident engineer, to contract with the defendant that the Commission would assume the responsibility for the erection of the barricade and for giving the appropriate…”
Payne v. Lowe, 163 S.E.2d 74 (N.C. Ct. App. 1968). “G.S. 136-26 permits the Highway Com *372 mission to close a part or all of a highway during maintenance or construction, as is deemed necessary to be excluded from public travel.”
C. C. Mangum, Inc. v. Gasperson, 136 S.E.2d 234 (N.C. 1964). “136-26, a statute authorizing the State Highway Commission, through “its officers or appropriate employees, or its contractor,” to close the highway to public travel while such ramp is in use by its contractor’s equipment. The exercise of this authority, which relates to a…”
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