Bill Summary for H 456 (2021-2022)

Summary date: 

Mar 30 2021

Bill Information:

View NCGA Bill Details2021
House Bill 456 (Public) Filed Tuesday, March 30, 2021
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.

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Bill summary

Includes various whereas clauses.

Amends GS 160D-201 to restrict cities' planning and development powers to within the city's corporate limits, no longer providing for jurisdiction within any established extraterritorial area.

Amends the caption of GS 160D-202 to read Transfer or relinquishment of jurisdiction (was, Municipal extraterritorial jurisdiction). Deletes all substantive language of GS 160D-202 regarding a city's ability to exercise extraterritorial jurisdiction. Remaining language provides that a county can exercise powers outside of the city's corporate limits upon request by the city, 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, and that a city can relinquish jurisdiction to the county. Maintains existing provisions regarding the process for local government requests, approval, and agreements under the statute, as well as the effect of jurisdiction transfers upon vested rights. 

Repeals GS 160D-307, Extraterritorial representation on boards. Amends GS 160D-602 (regarding zoning map amendments), GS 160D-903 (regarding agricultural uses), GS 160D-912 (regarding outdoor advertising), GS 160D-925 (regarding stormwater control), and GS 160D-1125 (regarding lien enforcement) to remove references to and provisions governing planning and development regulation in extraterritorial jurisdictions.

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

Provides that, effective January 1, 2022, 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, 2022, as long as the city complies with the provisions of GS Chapter 160A, Article 19, or its GS Chapter 160D successor. 

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 136-55.1 (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 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-296 (Establishment and control of streets; center and edge lines), and GS 160A-299 (Procedure for permanently closing streets and alleys).

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, 2022. 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 other local or general law.

Effective January 1, 2022.

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