NO ETJ IN HAYWOOD CTY/MAGGIE VALLEY DEV. AUTH. (NEW)

View NCGA Bill Details2021
Senate Bill 170 (Local) Filed Monday, March 1, 2021
AN ACT TO ELIMINATE THE EXTRATERRITORIAL JURISDICTION AUTHORITY OF MUNICIPALITIES IN HAYWOOD COUNTY, TO PROHIBIT THE TOWN OF MAGGIE VALLEY FROM ADOPTING OR ENFORCING ANY MORATORIA ON ANY DEVELOPMENT APPROVAL, AND TO EXPAND THE PROHIBITIONS ON DOWN-ZONING PROPERTY IN MAGGIE VALLEY.
Intro. by Corbin, Alexander, Proctor.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 6 2022)

SOG comments (1):

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PERMIT INCREASED ACCESS TO OUTDOOR SPORTING FACILITIES IN PUBLIC AND NONPUBLIC HIGH SCHOOLS IN CERTAIN COUNTIES.

Bill History:

S 170

Bill Summaries:

  • Summary date: Jun 2 2022 - More information

    House committee substitute replaces the content of the 2nd edition with the following.

    Applicable only to municipalities lying wholly in Haywood County, bars municipalities from exercising the powers of extraterritorial jurisdiction. 

    Disallows the Town of Maggie Valley from adopting or enforcing temporary moratoria on any development approval. Sunsets this prohibition on January 1, 2025.

    Applicable to the Town of Maggie Valley only, amends GS 160D-601(d) to expand the definition of down-zoning to include a zoning ordinance that affects an area of land by limiting the options available, or adding additional requirements, to develop an area of land as specified in a a zoning ordinance or land development regulation to depress or hinder development to the same extent allowed under its previous usage. Additionally, eliminates the provisions allowing for down-zoning amendments initiated by the relevant local government to be enforceable without the written consent of all subject property owners. Sunsets these changes on January 1, 2025.

    Changes the act's titles.


  • Summary date: Mar 15 2021 - More information

    Senate amendment makes the following changes to the 1st edition. Amends the act's effective date by adding that the act applies at any time when the occupancy capacity of outdoor sporting events is limited to less than 50% by an executive order, secretarial order, or directive authorized under Article 1A (the North Carolina Emergency Management Act) of GS Chapter 166A and related to the COVID-19 pandemic. 


  • Summary date: Mar 1 2021 - More information

    Includes whereas clauses. Limits the scope of the act to Alexander, Catawba, Cherokee, Clay, Cleveland, Graham, Haywood, Jackson, Lincoln, Macon, and Swain counties.  Authorizes all public and nonpublic high schools to limit the number of spectators at outdoor sporting events for the remainder of the scheduled 2020-21 school year, as follows. Defines spectator to exclude athletes, school employees, entertainers, and event support staff. Caps spectators at 50% capacity of an outdoor facility's approved occupancy capacity under the building code, or no more than seven persons for every 1,000 feet for those without an approved occupancy capacity. Specifies that for outdoor facilities allowing spectators to bring their own seats, individuals sitting in their own seats do not count toward the limit if the individuals maintain at least 6 feet of distance between themselves and anyone outside of their family unit. Requires high schools to comply with the requirements of the StrongSchoolsNC Public Health Toolkit as it existed on February 2, 2021, and the Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs as it existed on January 28, 2021, in allowing access to outdoor sporting facilities so long as the requirements are consistent with the act's provisions. Does not prohibit a school's implementation of stricter access to outdoor sporting events at that school. 


Printer-friendly: Click to view