Roads Without a Responsible Maintenance Agency in Durham County

In unincorporated Durham County, roads are maintained in two possible ways: 1) They are either privately maintained by property owners or a Home Owners Association, or 2) Publicly maintained by the North Carolina Department of Transportation (NCDOT). Durham County does not maintain public roads. To receive public maintenance, a road must meet NCDOT’s design and safety standards and be formally accepted into the state-maintained system.

However, some roads were built but never formally accepted by NCDOT, and no private owner or association assumed responsibility for them either. Without a clear maintenance entity assigned, these roads can deteriorate, develop drainage problems, and create safety concerns for residents. These roads that lack a responsible maintenance agency are often referred to as “orphan roads.”

Since they have not received routine maintenance over time, these orphan roads may now require significant repairs before they can be accepted into the state system.

Why Roads Without Maintenance Matter

Roads without an assigned maintenance entity can have serious long‑term impacts. Without regular upkeep, they may:

• Develop potholes, erosion, and drainage problems
• Become unsafe for drivers, pedestrians, bicyclists, and emergency vehicles
• Lower property values or create uncertainty with home sales
• Require nearby residents to cover costly repairs before NCDOT can consider accepting them into their public road maintenance program

How Residents Can Begin the Road Acceptance Process

If your road is not NCDOT or privately maintained, the Durham County Transportation Department may be able to help your neighborhood begin the process of bringing the road up to standard for potential acceptance into the state-maintained system..

Under the Durham County Orphan Roads Policy, approved on February 28, 2022, the County does not maintain public roads, but it may assist with coordinating repairs and facilitating the transfer of roads to NCDOT if eligibility requirements are met. Property owners are responsible for covering the cost to bring roads up to NCDOT standards. 

Eligibility Requirements

To qualify, a road must:

• Be located in unincorporated Durham County. All adjoining properties must also be in unincorporated Durham County. 
• Have a recorded right-of-way or construction started after October 1, 1975
• Be marked as public on a recorded subdivision plat per the Durham County Register of Deeds 
• Meet NCDOT’s occupancy requirement (at least 4 occupied homes per 0.2 miles)
• Have no  illegal encroachments
• Comply with state requirements (GS 153A‑205) and NCDOT’s Subdivision Road Maintenance and Acceptance Process
  • NC County Construction Regulation Statute (GS 153A-205)
  • NCDOT Subdivision Road Maintenance and Acceptance Process

Steps for Getting a Road Accepted by NCDOT

There are two potential paths to have the road acceptedpursue acceptance into the North Carolina Department of Transportation (NCDOT) maintenance system:

Option 1: Work Through Durham County's Road Acceptance Support Program

This option supports neighborhoods throughout the process by offering technical guidance, coordination assistance, and, when available, access to state or federal funding to help offset repair costs. A key benefit of working through the County's program is the ability for property owners to finance the project through annual installments over up to 10 years, rather than paying the full cost upfront.

1. Initial Contact: Contact NCDOT Division 5 and Durham County Transportation Staff to start the process.

2. Inspection and Cost Estimates: NCDOT will inspect the road and provide a list outlining all roadway deficiencies which need to be addressed and a high-level cost estimate for needed repairs. Property owners are then required to hire a licensed professional engineer to create a detailed cost estimate which must be reviewed and approved by NCDOT and the County.
3. Submit Petition for Assistance: Residents interested in County assistance must complete a Durham County Road Acceptance Petion Form, which must:
   • Be signed by at least 75% of property owners whose land borders the road
   • Represent 75% of total frontage 
   • Include a detailed cost estimate for repairs, a per-lot assessment, and a proposed repayment timeline

Once submitted, the petition will be presented to the Board of County Commissioners during a public hearing, where community members may voice their support or concerns. Please note that submission of a petition does not guarantee County approval or financial assistance.

1. Funding and Financing: No construction will begin until all required funds for the project are secured. While there currently is no dedicated state or federal funding that can be used for orphan road, if state or federal funding is available, Durham County may contribute to the cost of repairs. If such funding is not available, property owners will be responsible for 100% of the engineering and construction costs; County administrative costs are not included in the assessment. Property owners can choose to pay the full assessment within 30 days or opt for annual installments over a period of up to 10 years. The installment terms are based on the average annual property taxes of the affected lots. Any County financial contributions to the project does not make Durham County responsible for owning or maintaining the road. The County assumes no liability for the road after repairs are complete and ownership is transferred to NCDOT.
2. Construction and Transfer: If approved, Durham County will manage the construction and will work with NCDOT to ensure the road meets acceptance standards.

Option 2: Work Directly with NCDOT

Residents also have the option to work independently with NCDOT to bring a road up to standard and request its acceptance into the state system—without County involvement. This option may be appropriate for communities that already have the necessary funding or prefer to manage the process independently.

For this option, residents must coordinate directly with NCDOT Division 5 to request a road review, obtain a list of roadway deficiencies, and ensure all required repairs are made. All costs and logistics of hiring engineers, obtaining permits, and managing construction are the responsibility of the residents.

Once the road meets NCDOT’s design, safety, and occupancy standards, it may be accepted into the state-maintained system upon NCDOT approval.