AN ACT TO UPDATE CROSS-REFERENCES THROUGHOUT THE GENERAL STATUTES TO CONFORM TO THE CONSOLIDATED CHAPTER ON LAND-USE LAWS, TO MAKE OTHER TECHNICAL CORRECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE AN ADDITIONAL TECHNICAL CORRECTION. SL 2022-62. Enacted July 8, 2022. Effective July 8, 2022, except as otherwise provided.
Bill Summaries: S768 (2021)
Tracking:
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Bill S 768 (2021-2022)Summary date: Jul 26 2022 - View summaryCourts/Judiciary, Civil, Civil Law, Court System, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Employment and Retirement, Environment, Aquaculture and Fisheries, Government, State Agencies, Department of Administration, Local Government, Health and Human Services, Health, Public Health, Immigration
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Bill S 768 (2021-2022)Summary date: Jun 28 2022 - View summary
House committee substitute to the 2nd edition makes the following changes.
Amends the heading given to Part I.
Repeals the proposed changes to the following statutes if the specified bill becomes law, which update the statutory cross-references related to land use law: GS 106-743.4 if Senate Bill 762 becomes law, GS 130A-291.1 if Senate Bill 762 becomes law, GS 143-139.4 if Senate Bill 372 becomes law, and GS 153A-471 if Senate Bill 762 becomes law.
Amends the heading given to Part II.
Adds a new Part III. as follows. Subject to Senate Bill 372 becoming law, amends GS 160D-706, as amended by SB 372, which states governing law in instances of conflict between zoning regulations and statute or local ordinance or regulation. Current law specifies that governing law is subject to GS 160A-174(b), which requires city ordinances to be consistent with the Constitution and laws of North Carolina and of the United States and enumerates six instances in which an ordinance is deemed inconsistent with the Constitution and laws of North Carolina and the United States. SB 372 replaced that clause, providing that governing law is subject to GS 160A-704(b), and no longer specifying that that statute only limits the authority of cities. Corrects the statutory reference to GS 160A-704(b) cited in Senate Bill 372 to restate the existing limitation cited in GS 160A-174(b), now providing that governing law is subject to GS 160A-174(b) and maintaining the Senate Bill 372 elimination of the statute's narrow limitation to the authority of cities only.
Changes the act's titles.
Courts/Judiciary, Civil, Civil Law, Court System, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Employment and Retirement, Environment, Aquaculture and Fisheries, Government, State Agencies, Department of Administration, Local Government, Health and Human Services, Health, Public Health, Immigration
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Bill S 768 (2021-2022)Summary date: Jun 6 2022 - View summary
Senate amendment adds the following to Part II. of the 1st edition.
Corrects the annual salary schedule for assistant and deputy clerks of court set forth in GS 7A-101, based on workload, to providing for salaries ranging from $102,305 to $137,304. Makes technical changes. Effective July 1, 2022. Makes a conforming change to the act's effective date provision.
Makes technical and clarifying changes to GS 130A-309.14, concerning the duties of State agencies. Additionally, regarding agencies' duty to prepare written reports concerning solid waste management, no longer specifies that the reporting notices and delivery requirements specified in subdivision (a)(5) are to be implemented in lieu of distributing reports in mass. Regarding model agency reports, eliminates a since-repealed statute referenced relating to printing historical State publications. Eliminates obsolete language.
Courts/Judiciary, Civil, Civil Law, Court System, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Employment and Retirement, Environment, Aquaculture and Fisheries, Government, State Agencies, Department of Administration, Local Government, Health and Human Services, Health, Public Health, Immigration
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Bill S 768 (2021-2022)Summary date: May 23 2022 - View summary
Part I.
Updates the statutory cross-references related to land use law in the following statutes: GS 18B-904, GS 20-81.12, GS 40A-3, GS 42A-3, GS 44A-11.2, GS 44A-24.2, GS 62-100, GS 87-14, GS 106-678, GS 106-738, GS 106-743.1, GS 106-743.4, GS 106-850, GS 115C-525, GS 122C-403, GS 122C-410, GS 130A-64.1, GS 130A-247, GS 130A-250, GS 130A-291.1, GS 130A-309.118, GS 130A-310.37, GS 130A-310.77, GS 131D-2.1, GS 132-1.2, GS 139-60, GS 143-64.17K, GS 143-139, GS 143-139.4, GS 143-151.8, GS 143-151.12, GS 143-151.13, GS 143-151.15, GS 143-151.17, GS 143-214.5, GS 143-215.104T, GS 143-465, GS 143B-373, GS 153A-44, GS 153A-149, GS 153A-210.4, GS 153A-471, GS 159G-23, GS 160A-31, GS 160A-58.1, GS 160A-58.4, GS 160A-209, GS 160A-239.4, GS 160A-307.1, GS 160A-505, GS 162A-6, GS 162A-9, and GS 162A-93. Makes additional organizational, technical, and clarifying changes, and deletes outdated language.
Further amends GS 87-14 by requiring that the affidavit to be submitted when any person, firm, or corporation applying for a building permit where the cost is $30,000 or more, claims to be exempt from licensing required to carry out or superintend the construction, by requiring that if the applicant is a firm or corporation, that the applicant attest that the person submitting the application is an owner, officer, or member of the firm or corporation that owns the property. Makes additional clarifying changes.
Part II.
Amends GS 1-54.1 by requiring an action contesting the validity of any ordinance adopting or amending a zoning map or approving a conditional zoning district rezoning request to be brought within 60 days of the adoption of the ordinance.
Amends GS 160D-1405 by requiring that an action challenging the validity of a development regulation adopted under GS Chapter 160D or other applicable law be brought within one year of the accrual of the action as provided in GS 1-54(10). Also clarifies that a challenge to an ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance as provided in GS 1-54(10). Makes additional clarifying changes.
Amends GS 47C-2-117 by making clarifying and technical changes.
Amends GS 47F-1-102 by making clarifying and technical changes.
Amends GS 113-276 by deleting subsection (j), which gave a migrant farm worker who possesses a temporary certification of his status as such by the Rural Employment Service of the Division of Employment Security on a form provided by the Wildlife Resources Commission, the privileges of a resident of the State and of the county indicated on the certification during the term thereof for the purposes of purchasing and using the specified resident fishing licenses.
Recodifies GS 126-5(b)(1) as (b)(3a). Amends GS 126-5 by removing outdated statutory references, and making clarifying and technical changes.
Amends GS 160D-405 to direct appeals of administrative decisions on subdivision plats to be made as provided in GS 160D-1403. Makes clarifying and technical changes.
Amends GS 160D-808 to require rather than permit appeals of subdivision decisions to be made pursuant to GS 160D-1403.
Amends GS 160D-1403 to provide that decisions by a governing body or planning board concerning the approval or denial of preliminary or final subdivision plats, or decisions implementing subdivision regulations, are subject to judicial review if an action is filed within the 30-day period given from receipt of notice of the decision, when such decisions are deemed administrative by the relevant subdivision regulation (currently, only provides for administrative decisions of whether to approve or deny a preliminary or final subdivision are subject to judicial review if so described by the subdivision regulation). Adds a new provision to distinguish all such decisions of the same nature made by staff or a staff committee from those made by the governing body or planning board, making staff or committee decisions subject to appeal as provided for other administrative decisions in GS 160D-405. Makes technical changes.
Makes a technical correction to the introductory language of Sections 3(a) and 4(a) of SL 2021-39.