Bill Summary for H 799 (2015-2016)

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Summary date: 

Aug 19 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 799 (Public) Filed Tuesday, April 14, 2015
AN ACT TO ALLOW A PROPERTY OWNER TO REQUEST REMOVAL FROM A HISTORIC DISTRICT, TO MAKE AMENDMENTS TO THE PROCESS TO CREATE A HISTORICAL COMMISSION, TO MODIFY THE CONFLICT OF INTEREST RECUSAL FOR MEMBERS OF HISTORICAL COMMISSIONS, AND TO CREATE A PROCESS FOR THE COMMISSION TO ISSUE INFORMATIONAL REPORTS TO POTENTIAL PURCHASERS OF HISTORIC PROPERTIES.
Intro. by Brody.

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Bill summary

House committee substitute makes the following changes to the 2nd edition. 

Amends GS 160A-400.4 to create new subsection (e) allowing a property owner to request removal from a historic district. Allows the Department of Cultural Resources, acting through the State Historic Preservation Officer, to submit a written analysis and recommendations concerning the property owner's petition. Requires the local historic preservation commission to schedule public hearings on the matter and then create recommendations based on the hearing as well as on any analysis from the Department of Cultural Resources. The local municipal governing body may then, in its discretion, amend any ordinance that includes the property in a historic district. Makes technical changes.

Adjusts the amendment pertaining to certificates of appropriateness in GS 160A-400.9 issued by local preservation commissions for renovations and demolitions of landmarks and in historic districts. Allows a preservation commission and an applicant for a certificate of appropriateness to consent to a period of time, other than the amendment's 90 days, before which the commission must issue a certificate if it has not acted upon a completed application. Deletes proposed (e1) concerning the use of binding arbitration instead of appealing to superior court.

Allows local historic preservation commissions 90 days (was, 60 days) to prepare renovation reports for owners or potential purchasers under new GS 160A-400.16.

Makes technical changes. 

Changes the long title.