LAND USE SURROUNDING MILITARY INSTALLATIONS.

View NCGA Bill Details2013-2014 Session
House Bill 433 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.
Intro. by J. Bell, Stam, McElraft, Whitmire.

Status: Ch. SL 2013-206 (House Action) (Jun 26 2013)
H 433/S.L. 2013-206

Bill Summaries:

  • Summary date: Jul 2 2013 - More information

    AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE. Enacted June 26, 2013. Section 3 is effective June 26, 2013. The remainder is effective October 1, 2013, and applies to tall buildings and structures for which construction is initiated on or after that date.


  • Summary date: Jun 13 2013 - More information

    Conference report makes the following changes to the 6th edition.

    Amends  the definition for tall buildings or structures in GS 143-151.71, providing that it does not include buildings and structures listed individually or as contributing resources within a district listed in the National Register of Historic Places. Deletes language from previous edition that excluded specified structures or buildings.

    Amends GS 143-151.74, Exemptions from applicability, providing two new subsections exempting cellular and television towers erected to temporarily replace others of the same make that have been damaged or destroyed when specified conditions are met. Provides language also exempting the modification, replacement, removal, or addition of antennas on cellular or television towers in an area surrounding a major military installation from the provisions of the Article.

    Amends GS 143-151.75, changing the title to Endorsement for proposed tall buildings or structures required, providing that a person seeking an endorsement pursuant to these provisions must provide written notice of the intent to seek endorsement to the base commander (was, commanders) of the major military installation located within five miles of the proposed building or structure. Makes technical and clarifying changes. Makes organizational changes. Provides that if the Building Code Council does not receive the requested written statement from the base commander within 45 days of the issuance of the request, then the Building Code Council will consider the tall building or structure as endorsed by the base commander. Provides that the Building Code Council will make a final decision on the request for endorsement of the building or structure within 90 days (was, 60 days) from the date on which the Council requests the written statement from the base commander.

    Directs the NC Advisory Commission on Military Affairs, or its successor, to study the feasibility and desirability of creating a "NC Military Clearinghouse" to protect the mission capabilities of the major military installations in North Carolina from development and other concerns.  Requires the Commission to report its findings and recommendations to the Governor and the General Assembly on or before the convening of the 2014 Session of the 2013 General Assembly.

    Provides that Section 3 of the act is effective when the act becomes law. The remainder is effective October 1, 2013, and applies to tall buildings and structures for which construction is initiated on or after that date.

     


  • Summary date: Jun 12 2013 - More information

    Conference report to be summarized.


  • Summary date: May 15 2013 - More information

    Senate amendment makes the following changes to the 5th edition:

    Amends GS 143-151.71(7) by deleting subsection (a) (which provided that the definition of tall buildings did not include utility towers or transmission equipment) and renumbering the remaining subsections.


  • Summary date: May 9 2013 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Amends GS 143-151.71, Definitions, deleting Secretary and State Construction Office. Adds and defines Building Code Council and Commissioner. Adds Air Route Surveillance Radar (ARSR-4) at Fort Fisher to the definition for Major Military Installation.

    Deletes the occurrence of the words State Construction Office throughout the act, replacing them with Building Code Council. Makes related conforming changes.

    Enacts new GS 143-151.75(e), providing that the Building Code Council can meet by telephone, video, or internet conference, so long as it is consistent with applicable law regarding public meetings, in order to make a decision on a request for an endorsement for the construction of a tall building or structure pursuant to subsection (d) of this statute.

    Deletes the provisions and title of GS 143-151.77, Injunctive relief, of the previous edition, providing for new a section titled Enforcement and penalties. New section establishes civil penalties for violations of the rules adopted pursuant to this article. Provides the maximum civil penalty for a violation is $5,000.  Sets out the process and procedure for the Commissioner to determine the amount of the civil penalty. Provides for notice of the assessment and provides the process for instituting a civil action upon nonpayment.

    Enacts new GS 13-138(j2), which establishes that, pursuant to Article 9G of GS 143, the Building Code Council is authorized to review and endorse proposals for the construction of tall buildings or structures in the areas surrounding major military installations, as those terms are defined.


  • Summary date: Apr 23 2013 - More information

    Senate committee substitute makes the following changes to the third edition.

    Amends GS 143-151.71, Definitions, deleting the term construction and adding a definition of secretary.

    Amends GS 143-151.75, Endorsement for construction of tall buildings or structures required, providing that a person seeking endorsement for the construction of a tall building or structure in any area surrounding a major military installation must provide written notice of the intent to seek endorsement to the commanders of the installation that is located within five miles of the proposed construction.

    Amends GS 143-151.77, changing title to Injunctive relief (was, Enforcement and penalties), eliminating the provisions that provided for civil penalties. Provides for injunctive relief when reasonable cause exists to believe that a person has violated this Article or associated rules. Requires the Secretary to request the Attorney General to institute the action in the superior court of the county in which the violation occurred. Upon a determination by the court that the violation has occurred or is threatened, the court will grant such relief necessary to prevent or abate the violation or threatened violation.

    Makes clarifying and technical changes, including replacing the term "major Department of Defense military installation" with "major military installation," throughout.


  • Summary date: Apr 11 2013 - More information

    House amendment makes the following changes to the 1st edition.

    Makes technical and clarifying changes, amending GS 143-151.71(4), establishing that Major Department of Defense military installation means Fort Bragg, Pope Army Airfield, Camp Lejeune Marine Corps Air Base, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any facility located within the State that is subject to the installations' oversight and control.


  • Summary date: Apr 10 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Deletes Building Code Council and adds State Construction Office to the definitions section. Makes a technical change. Amends tall buildings or structures to exclude those listed individually or as contributing resources within a district listed in the National Register of Historic Places (was, designated as National Historic Sites).

    Makes technical and conforming changes, replacing the word certification with endorsement. Likewise, any occurrence of Building Code Council has been replaced with the new term State Construction Office throughout.

    Makes technical and conforming changes throughout.

     

     


  • Summary date: Mar 26 2013 - More information

    Identical to S 389, filed 3/20/13.

    Enacts new Article 9G (Military Lands Protection) in GS Chapter 143. Prohibits cities and counties from authorizing the construction of, and prohibits the construction of, a tall building or structure (as defined, includes those that are more than 200 feet high, with specified exceptions) in any area surrounding a major Department of Defense military installation in the state unless the city or county receives a certification issued by the Building Code Council (Council) or proof of the Council's failure to act within the allowed time period. Also prohibits cities and counties from authorizing utility services to any building or structure constructed in violation of the statute. Exempts wind energy facilities and expansions of those facilities from the certification requirement. Sets out information that must be included in an application for certification, including identification of and notice to installations that are located within five miles of the proposed construction and a written "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration. Requires the Council to deny a certification application if the Council finds (1) construction of the building or structure would interfere with the mission, training, or operations of any major military installation and be detrimental to continued military presence in the state or (2) the Council has not received the applicant's "Determination of No Hazard to Air Navigation." Requires the Council to make a decision on an application within 60 days or before the Council's next scheduled meeting, whichever occurs last. If the Council does not act in this timeframe, the applicant may treat the failure to act as an approval of the permit. Provides for enforcement and penalties, with the fine cap set at $5,000. Requires that proceeds of any civil penalties be remitted to the Civil Penalty and Forfeiture Fund.

    Effective October, 1, 2013.


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