Bill Summary for H 215 (2019-2020)

Summary date: 

Feb 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 215 (Public) Filed Wednesday, February 27, 2019
AN ACT TO REMOVE THE INJUSTICE OF EXTRATERRITORIAL PLANNING JURISDICTION BY DECLARING THAT NO CITY IN THE STATE MAY HAVE OR EXERCISE PLANNING JURISDICTION OUTSIDE ITS CORPORATE LIMITS.
Intro. by Pittman, Kidwell, Speciale.

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Bill summary

Includes various whereas clauses.

Amends the caption of GS 160A-360 to read Limits on planning powers (was, Territorial jurisdiction). Deletes all substantive language of GS 160A-360 regarding a city's ability to exercise extraterritorial jurisdiction. Remaining language provides that a city can enforce its regulations after an area that is currently regulated by county planning and development regulations is annexed by the city and the city adopts such regulations or a period of 60 days has elapsed since the annexation.

Amends GS 160A-361(a) regarding duties of planning boards, to provide that any city can create or designate boards or commissions to perform studies of an area within the city's corporate limits (previously, could make studies of an area within its jurisdiction and surrounding areas).

Repeals GS 160A-362, concerning extraterritorial representation on the planning board.

Repeals any provision in a local act which previously granted a city, town, or village the power to exercise extraterritorial planning jurisdiction pursuant to GS Chapter 160A, Article 19.

Provides that, effective January 1, 2020, jurisdiction over an area that a city is regulating pursuant to extraterritorial planning jurisdiction is relinquished. Provides that a city can relinquish such regulation prior to January 1, 2020, as long as the city complies with the provisions of GS Chapter 160A, Article 19.

Provides that upon relinquishment of an area of extraterritorial jurisdiction, city regulations will remain in effect until (a) the county has adopted regulations or (b) a period of 60 days since the effective date of the act has elapsed. Further provides that individuals that have acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city can continue to exercise such rights as if no change of jurisdiction has occurred. Allows the county acquiring jurisdiction to take any action regarding such rights that could have been taken by the city that surrendered jurisdiction. Provides that buildings, structures, or other land use in a territory which a county has acquired jurisdiction are subject to the ordinances and regulations of the county.

Makes various conforming changes concerning the repeal of extraterritorial jurisdiction authority in the following sections: GS 113A-208 (Regulations of mountain ridge construction by counties and cities), GS 122C-403 (Secretary's authority over Camp Butner reservation), GS 122C-405 (Procedure applicable to rules), GS 122C-410 (Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands), GS 136-44.50 (Transportation corridor official map act), GS 136-55.1 (Notice of abandonment), GS 136-63 (Change or abandonment of roads), GS 136-66.3 (Local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 143-215.57 (Procedures in issuing permits), GS 153A-317.14 (Extension of economic development and training districts), GS 160A-58.4 (Extraterritorial powers), GS 160A-176.1 (Ordinances effective in Atlantic Ocean), GS 160A-176.2 (Ordinances effective in Atlantic Ocean), GS 160A-199 (Regulation of outdoor advertising), GS 160A-296 (Establishment and control of streets; center and edge lines), GS 160A-299 (Procedure for permanently closing streets and alleys), GS 160A-383.4 (Local energy efficiency incentives), and GS 160A-459 (Stormwater control).

Amends GS 160A-366 to provide that a city ordinance adopted before January 1, 1972, is validated with respect to its application within the corporate limits of the city. Ordinances adopted since that date are validated notwithstanding the fact that such ordinances were not recorded pursuant to the specified statutes. 

Enacts new language to define the term extraterritorial jurisdiction as meaning the boundaries of an area over which a specified city was exercising extraterritorial planning jurisdiction prior to the city's relinquishment of jurisdiction on or before January 1, 2020. New language can be found in the following sections: GS 122C-3, GS 130A-317, GS 143-215.1, and GS 160A-340.2.

Specifies that the act has no effect on the extraterritorial jurisdiction of law enforcement officers as authorized under GS Chapter 77, specified statutes, or any local or general law.

Effective January 1, 2020.

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