Bill Summaries: S 367 CLARIFY PROPERTY OWNERS' RIGHTS.

Tracking:
  • Summary date: Apr 9 2019 - More information

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

    Removes from proposed GS 153A-145.8 and GS 160A-201.2 the requirement that any ordinance regulating the removal of trees from private property must provide that the owner can remove any tree on the property that interferes with a construction or renovation project so long as the owner replaces the tree with a sapling of the same or similar type. 

    Eliminates the provision which proposed to provide for the continued validity of 19 specified existing local acts that authorize ordinances regulating the removal of trees from private property and requires the governing body of the respective county or city to amend the ordinances to include a provision which provides for tree removal by the property owner as described in new GS 153A-145.8 and GS 160A-201.2. Instead provides that any local acts authorizing ordinances regulating the removal of trees from private property and any ordinances that were adopted under that authority before the date the act becomes law remain in effect after the act becomes law.


  • Summary date: Mar 26 2019 - More information

    Enacts GS 153A-145.8 and GS 160A-201.2, providing identical provisions regarding limitations of counties and cities, respectively. Prohibits counties and cities from adopting ordinances regulating the removal of trees from private property within the county or city's jurisdiction without an express legislative authorization. Requires any ordinance regulating the removal of trees from private property to provide that the owner can remove any tree on the property that interferes with a construction or renovation project so long as the owner replaces the tree with a sapling, as defined, of the same or similar type. 

    Provides for the continued validity of 19 specified existing local acts that authorize ordinances regulating the removal of trees from private property, and requires the governing body of the respective county or city to amend the ordinances to include a provision which provides for tree removal by the property owner as described in new GS 153A-145.8 and GS 160A-201.2, as enacted. 

    Repeals any ordinances regulating the removal of trees from private property that were adopted before the act becomes law without the express authorization of the General Assembly.


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