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Prior to the establishment of the State Highway Commission, construction, control, and upkeep of public roads was the responsibility of justices of the peace in each township of the state. Justices of the peace, who functioned as boards of supervisors, were to appoint road overseers who exercised supervision over road work in districts created by county commissioners, according to legislation enacted in 1879. All able-bodied males between eighteen and forty-five were required to work at least three days a year on public roads or provide substitutes. In 1901 the General Assembly created the first North Carolina Highway Commission, composed of the commissioner of agriculture and the state geologist, who served ex officio. The commission lacked direct control over public roads, but was to furnish the services of a "competent engineer" to county and township authorities, establish rules for the use of prison road crews, and supply localities with plans, specifications, and other advice as needed. The Board of Agriculture was to employ one or more additional engineers to assist in these tasks. County commissioners were to have supervision and control over the construction and upkeep of all roads, bridges, and ferries in their counties. In 1915 the legislature rewrote its legislation concerning the highway commission. A new State Highway Commission was established, composed of the governor, the state geologist, a professor of civil engineering at the University of North Carolina, a professor at North Carolina Agricultural and Mechanical College, and three citizens from the eastern, central, and western portions of the state. Members were to be appointed by the governor for four-year terms. A state highway engineer was to be appointed to serve a six-year term. Additional staff were to be hired to facilitate and carry out the commission's mandates. The engineer and his assistants, as in the 1901 law, were to work closely with local road officials and county commissioners to survey roads and bridges; to produce the plans, maps, and specifications to be presented to county commissioners; and to oversee actual location, construction, and maintenance of roads and bridges. Salaries of the engineer and staff were to be fixed by the highway commission. In 1917 the General Assembly allowed the State Highway Commission to participate in the Federal Aid Road Act program, enabling it to receive and disburse federal monies for rural road construction and maintenance. Counties had to raise the bulk of matching funds in order to receive federal aid. Two years later the state imposed a license tax on motor vehicles, the proceeds from which were to form a "state highway fund" for highway construction. The location, construction, and maintenance of new highways funded through this process were the responsibility of the commission, but counties and townships continued to have authority over local roads. In 1921 the statutes concerning the State Highway Commission were amended, and the commission was given expanded authority and control over the state's highway system. The General Assembly instructed the highway commission "to lay out, take over, establish and construct, and assume control of approximately fifty-five hundred miles of hard-surfaced and other dependable highways...to repair, construct, and reconstruct and maintain said highways...and to relieve the counties and cities and towns of this burden." A new highway commission, composed of a chairman and nine commissioners, representing nine highway construction districts, was to be constituted. Members were to be appointed by the governor for six- year terms. The commission was to employ a professional state highway engineer, appointed for a four-year term, and other engineers and administrative and clerical staff as needed. In addition to its other duties, the State Highway Commission was to regulate traffic on state highways, establish a traffic census to determine use of highways, assume full responsibility for all roads other than city streets, work with communities and counties on roadside beautification and protection, and secure appropriate federal highway funding. The commission was to enjoy the right of eminent domain for highway rights of way and was to divide the state into nine construction districts. To pay for highway construction and maintenance and the expenses of the new highway commission, the legislature authorized the issuance of $50 million in highway bonds. Additional bonds were issued in 1923, 1925, and 1927. The number of highway commissioners was reduced in 1931 to six, plus a chairman. The chairman and three commissioners were to serve four-year terms, the remaining three commissioners serving two-year terms. The 1931 law also confirmed the control of the State Highway Commission over all county, district, and township roads. To better facilitate the use of convict labor, the 1933 legislature created a new state agency, the State Highway and Public Works Commission, merging and consolidating the State Highway Commission and the State Prison into one new department of state government. The new commission was to be composed of six members and a chairman, appointed by the governor. Three commissioners were to serve two-year terms; three members and the chairman were to serve four-year terms. The new department was to assume full control and use of all personnel and property, including prisons and prison camps, of the former agencies it replaced. In 1935 the General Assembly authorized the State Highway and Public Works Commission to acquire and convey land to be used for the construction of federal parkways in North Carolina. Land acquired in this manner was used for the construction of the Blue Ridge Parkway. In 1937 the legislature enlarged the number of commissioners to ten, plus a chairman, all appointed by the governor. The chairman and three commissioners were to serve six-year terms; three other commissioners were to serve four-year terms; and the remaining four commissioners, two-year terms. The state was to be divided into ten highway districts, roughly equal in size and population, with one commissioner resident in each district. In addition to the use of prisoners housed in state institutions, the State Highway and Public Works Commission was empowered to contract for the use of county prisoners for road work. The "Secondary Road Bond Act of 1949" provided $200 million for road construction in North Carolina, marking the complete overhaul of the state's highway system. The "Powell Bill" enacted by the General Assembly in 1951, made it possible for cities and towns to receive state funds for the improvement of streets that were not part of the over-all state highway system. In 1955 the General Assembly established a committee composed of the chairman of the State Highway and Public Works Commission, the chairman of the Prison Advisory Council, and the Director of Prisons to study the feasibility of separating the state prison system from the State Highway and Public Works Commission and to report to the 1957 legislative session. Accordingly, the State Highway Commission and the State Prison were reestablished as separate state agencies in 1957. The reconstituted State Highway Commission had seven members appointed by the governor representing the entire state. The governor was to designate one member as chairman. Terms for members were four years, although the chairman's term of office was set at two years. A director of highways was to be selected as chief executive officer of the commission and charged with day-to-day operations of the department. The director was then to appoint a controller to serve as chief financial officer of the agency and a chief engineer, with responsibility over highway planning, construction, and maintenance. In 1961 the department's chief executive officer was renamed the chief administrative officer, and in 1965 the title was changed to state highway administrator. The 1961 law also provided for a highway commission of eighteen members and a chairman, each appointed by the governor for four-year terms. That number was reduced to fourteen members and a chairman in 1965. In 1971 the State Highway Commission, with its administrative functions and operations, was transferred to and became a division of the newly created Department of Transportation. In 1973 the North Carolina Board of Transportation was established within the new department to assume, execute, and carry out the mandates, responsibilities, and duties of the previous highway commission. Further discussion of the organization, responsibilities, and history of the Board of Transportation is found in the agency history for the Department of Transportation. REFERENCES: P.L., 1879, cc. 82, 83. P.L., 1901, c. 50, ss. 1-3. P.L., 1915, c. 113, ss. 2-7. P.L., 1917, c. 22. P.L., 1919, c. 189, ss. 1-4. P.L., 1921, c. 2, ss. 2, 4, 10, 20, 25, 39. P.L., 1923, c. 263. P.L., 1925, c. 35. P.L., 1927, c. 95. P.L., 1931, c. 145, ss. 1, 7. P.L., 1933, c. 172, ss. 2, 4. P.L., 1935, c. 2. P.L., 1937, c. 297, ss. 2-3 1/2. S.L., 1949, c. 1250. S.L., 1951, cc. 260, 948. S.L., 1955, Resolution 23. S.L., 1957, c. 65, ss. 1-3. S.L., 1961, c. 232, ss. 1, 2. S.L., 1965, c. 55, ss. 1-3. S.L., 1971, c. 864, s. 12. S.L., 1973, c. 507. Office of the Secretary of State. NORTH CAROLINA MANUAL, 1989-1990. Edited by John L. Cheney, Jr. Raleigh, 1990. Pp. 643-649. |
