A BILL TO BE ENTITLED
AN ACT to support the activities of the armed forces and to maintain and enhance the military's presence in north carolina by regulating the height of buildings and structures located in areas that surround military installations in the state.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 143 of the General Statutes is amended by adding a new Article to read:
"Article 9G.
"Military Lands Protection.
"§ 143‑151.70.  Short title.
This Article shall be known as the Military Lands Protection Act of 2013.
"§ 143‑151.71.  Definitions.
Within the meaning of this Article:
(1)	"Area surrounding major military installations" is the area that extends five miles beyond the boundary of a major military installation and may include incorporated and unincorporated areas of counties and municipalities.
(2)	"Construction" includes reconstruction, alteration, or expansion.
(3)	"Major military installation" means Fort Bragg, Pope Army Airfield, Camp Lejeune Marine Corps Air Base, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any facility located within the State that is subject to the installations' oversight and control.
(4)	"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity. 
(5)	"Secretary" means the Secretary of Administration.
(6)	"State Construction Office" means the State Construction Office within the Department of Administration.
(7)	"Tall buildings or structures" means any building, structure, or unit within a multiunit building with a vertical height of more than 200 feet measured from the top of the foundation of the building, structure, or unit and the uppermost point of the building, structure, or unit. "Tall buildings or structures" does not include:
a.	Water, radio, telephone, cellular, or television towers or any equipment for the transmission of electricity or communications or both.
b.	Slender structures and minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills. Windmills exempt pursuant to this sub‑subdivision shall project no more than 20 vertical feet above the parent building.
c.	Buildings and structures listed individually or as contributing resources within a district listed in the National Register of Historic Places.
"§ 143‑151.72.  Legislative findings.
North Carolina has a vested economic interest in preserving, maintaining, and sustaining land uses that are compatible with military activities at major installations. Development located proximate to military installations has been identified as a critical issue impacting the long‑term viability of the military in this State. Additional concerns associated with development include loss of access to air space and coastal and marine areas and radio frequency encroachment. The construction of tall buildings or structures in areas surrounding major military installations is of utmost concern to the State as those buildings and structures may interfere with or impede the military's ability to carry out activities that are vital to its function and future presence in North Carolina."§ 143‑151.73.  Certain buildings and structures prohibited without endorsement.
(a)	No county or city may authorize the construction of, and no person may construct, a tall building or structure in any area surrounding a major military installation in this State unless the county or city is in receipt of either a letter of endorsement issued to the person by the State Construction Office pursuant to G.S. 143‑151.75 or proof of the Office's failure to act within the time allowed pursuant to G.S. 143‑151.75.
(b)	No county or city may authorize the provision of the following utility services to any building or structure constructed in violation of subsection (a) of this section: electricity, telephone, gas, water, sewer, or septic system.
"§ 143‑151.74.  Exemption from applicability.
Wind energy facilities and wind energy facility expansions, as those terms are defined in Chapter 143 of the General Statutes, that are subject to the applicable permit requirements of that Chapter shall be exempt from obtaining the endorsement required by this Article.
"§ 143‑151.75.  Endorsement for construction of tall buildings or structures required.
(a)	No person shall undertake construction of a tall building or structure in any area surrounding a major military installation in this State without either first obtaining the endorsement from the State Construction Office or proof of the Office's failure to act within the time allowed.
(b)	A person seeking endorsement for the construction of a tall building or structure in any area surrounding a major military installation in this State shall provide written notice of the intent to seek endorsement to the commanders of the installation that is located within five miles of the proposed construction of a tall building or structure and shall provide all of the following to the State Construction Office:
(1)	Identification of the major military installation and the base commander of the installation that is located within five miles of the proposed construction of a tall building or structure.
(2)	A copy of the written notice sent to the commanders of the installation identified in subdivision (1) of this subsection that is located within five miles of the proposed construction of a tall building or structure.
(3)	A written statement from the base commander of the installation identified in subdivision (1) of this subsection that includes both of the following:
a.	A determination whether the location of the proposed construction of the tall building or structure is within a protected area that surrounds the installation.
b.	A determination whether any activities of the installation may be adversely affected by the proposed construction of the tall building or structure. A detailed description of the potential adverse effects, including frequency disturbances and physical obstructions, shall accompany the determination required by this sub‑subdivision.
(4)	A written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration pursuant to Subpart D of Part 77 of Title 14 Code of Federal Regulations (January 1, 2012 Edition) for the proposed construction of the tall building or structure.
(c)	The State Construction Office shall not endorse the construction of a tall building or structure if the Office finds any one or more of the following:
(1)	Construction of the proposed tall building or structure would encroach upon or otherwise interfere with the mission, training, or operations of any major military installation in North Carolina and result in a detriment to continued military presence in the State. In its evaluation, the State Construction Office may consider whether the proposed tall building or structure would cause interference with air navigation routes, air traffic control areas, military training routes, or radar based on the written statement received from a commander of a major military installation required pursuant to subdivision (3) of subsection (b) of this section and written comments received by members of affected communities.
(2)	The Office is not in receipt of the written "Determination of No Hazard to Air Navigation" issued to the person by the Federal Aviation Administration required pursuant to subdivision (4) of subsection (b) of this section.
(d)	The State Construction Office shall make a final decision on the request for endorsement of the construction of a tall building or structure within 60 days of receipt of the items provided by the person pursuant to subsection (b) of this section. If the Office determines that a request for the construction of a tall building or structure fails to meet the requirements for endorsement under this section, the Office shall deny the request. The Office shall notify the person of the denial, and the notice shall include a written statement of the reasons for the denial. If the Office fails to act within any time period set forth in this section, the person may treat the failure to act as a decision to endorse the construction.
"§ 143‑151.76.  Application to existing tall buildings and structures.
G.S. 143‑151.73 applies to tall buildings or structures that existed in an area surrounding major military installations upon the effective date of this Article as follows:
(1)	No reconstruction, alteration, or expansion may aggravate or intensify a violation by an existing building or structure that did not comply with G.S. 143‑151.73 upon its effective date.
(2)	No reconstruction, alteration, or expansion may cause or create a violation by an existing building or structure that did comply with G.S. 143‑151.73 upon its effective date."§ 143‑151.77.  Injunctive relief.
Whenever reasonable cause exists to believe that a person has violated this Article or rules adopted pursuant to this Article, the Secretary may request the Attorney General to institute a civil action for injunctive relief to restrain the violation. The Attorney General may institute the action in the name of the State upon relation of the Department of Administration in the superior court of the county in which the violation occurred. Upon a determination by the court that the alleged violation of the provisions of this Article or of rules adopted pursuant to this Article has occurred or is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened violation."
SECTION 2.  This act becomes effective October 1, 2013.