NC H192

Permits local governments to enact ordinances authorizing sidewalk dining activities on state-owned highway right-of-way in their jurisdictions, subject to a written agreement with the Department of Transportation.

Requires sidewalk dining furnishings to be placed at least 6 feet from travel lanes, maintain at least 5 feet of unobstructed pedestrian passage compliant with the Americans with Disabilities Act, and not obstruct driveways, emergency exits, fire hydrants, or utility access.

Restricts sidewalk dining to roadways with maximum posted speeds of 45 miles per hour or less and requires restaurants to obtain liability insurance naming the Department and local government as additional insureds.

Requires restaurant operators to provide indemnification agreements, copies of all state and local permits and licenses, and to cease sidewalk dining operations during construction or maintenance work.

Authorizes local governments to impose additional requirements on a case-by-case basis and retain discretion to deny permits if activities cannot be conducted safely; does not preempt existing local ordinances.