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
Intro. by McElraft.

View: All Summaries for BillTracking:

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.

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view