Bill Summary for H 433 (2013-2014)

Summary date: 

Jun 13 2013

Bill Information:

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.

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Bill summary

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.

 

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