Bill Summary for H 300 (2013-2014)

Summary date: 

Mar 13 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 300 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT CLARIFYING THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.
Intro. by McElraft.

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Bill summary

Amends GS 160A by enacting a new GS 160A-203 (Municipalities enforce ordinances in public trust areas), providing that a city may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the state's ocean beaches and can also prevent or abate any unreasonable restriction of the public's right to use the state's ocean beaches. This authority extends to the state's ocean beaches within or adjacent to the city's jurisdictional boundaries.

The authority of a city, under this section, includes, but is not limited to, (1) regulating, restricting, or prohibiting the placement, development, repair or alteration of structures, equipment, personal property or debris on the state's ocean beaches, within or adjacent to jurisdictional boundaries; (2) providing, by ordinance, procedures for removal and abatement of any unreasonable restrictions on the public's right to use the state's ocean beaches; (3) enforcing a violation of any ordinance adopted pursuant to this section by any remedy in GS 160A-175 or in lieu of any remedy, seeking a court order from a court of competent jurisdiction to remove or abate a building or structure.

Provides that this new section should not be construed to limit the authority of the state or a state agency or affect applicable common law or other authority to regulate the state's ocean beaches.

Amends GS 113-131, making conforming changes and including a reference to GS 160A-203, providing that cities do have authority to adopt and enforce ordinances, notwithstanding GS 113-131.

Effective July 1, 2013.

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