Bill Summary for H 346 (2015-2016)

Summary date: 

Mar 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 346 (Public) Filed Tuesday, March 24, 2015
AN ACT TO CLARIFY THAT COUNTIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.
Intro. by Steinburg.

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Bill summary

Enacts new GS 153A-145.3 (Counties enforce ordinances within public trust areas), providing that a county can, 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 county's jurisdictional boundaries. Provides that this new statute should not be construed in several ways, including 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 nor to impair the right of the people of North Carolina to the free use and enjoyment of the state's ocean beaches or specified ownership rights.

Amends GS 113-131, making conforming changes and including a reference to GS 153A-145.3, providing that counties do have authority to adopt and enforce ordinances under GS 153A-145.3, notwithstanding GS 113-131.

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