A BILL TO BE ENTITLED
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.
Whereas, under current State law, any city may exercise planning jurisdiction under Article 19 of Chapter 160A of the General Statutes within a defined area extending not more than one mile beyond its corporate limits; and
Whereas, with the approval of the board of county commissioners with jurisdiction over the area, a city of 10,000 or more but less than 25,000 may exercise planning jurisdiction over an area extending not more than two miles beyond its corporate limits, and a city of 25,000 or more may exercise these powers over an area extending not more than three miles beyond its limits; and
Whereas, the citizens who live in an area over which a city exercises exterritorial planning jurisdiction are prohibited from voting in municipal elections; and
Whereas, without the ability to vote in city elections to choose the persons who will make planning decisions about the areas in which they live, rural citizens do not have a say in some of the important matters that affect their lives and livelihoods; Now, therefore,
The General Assembly of North Carolina enacts:

PART I. EXTRATERRITORIAL PLANNING JURISDICTION PROHIBITED
SECTION 1.  G.S. 160A‑360 reads as rewritten:
"§ 160A‑360.  Limits on planning powers.
(a)	All of the powers granted by this Article may be exercised by any city within its corporate limits.

	

(b)	When a city annexes or a new city is incorporated in an area that is currently being regulated by the county under this Article or Article 18 of Chapter 153A of the General Statutes, the county regulations and powers of enforcement shall remain in effect until (i) the city has adopted such regulations, or (ii) a period of 60 days has elapsed following the annexation or incorporation, whichever is sooner. During this period the city may hold hearings and take any other measures that may be required in order to adopt its regulations for the area.

	

	
	
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SECTION 2.  G.S. 160A‑361 reads as rewritten:
"§ 160A‑361.  Planning boards.
(a)	Any city may by ordinance create or designate one or more boards or commissions to perform the following duties:
(1)	Make studies of the area within the city's corporate limits;
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SECTION 3.  G.S. 160A‑362 is repealed.
SECTION 4.  Any provision in a local act that grants a city, town, or village the power to exercise extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes is hereby repealed.
SECTION 5.  The relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes shall be effective January 1, 2016.  However, nothing in this act shall be construed as prohibiting a city from relinquishing jurisdiction over an area prior to January 1, 2016, so long as the city complies with the provisions of Article 19 of Chapter 160A of the General Statutes.
SECTION 6.  Upon relinquishment of the jurisdiction over an area that a city is  regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes:
(1)	The city regulations and powers of enforcement shall remain in effect until (i) the county has adopted the regulation or (ii) a period of 60 days has elapsed following the effective date of this act, whichever is sooner. During this period, the county may hold hearings and take other measures that may be required in order to adopt its regulations for the area.
(2)	Any person who has acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city may exercise those rights as if no change of jurisdiction had occurred. The county acquiring jurisdiction may take any action regarding such a permit, certificate, or other evidence of compliance that could have been taken by the city surrendering jurisdiction pursuant to its ordinances and regulations. Except as provided in this section, any building, structure, or other land use in a territory over which a county has acquired jurisdiction is subject to the ordinances and regulations of the county.

PART II.  CONFORMING CHANGES
SECTION 7.  G.S. 113A‑208 reads as rewritten:
"§ 113A‑208.  Regulation of mountain ridge construction by counties and cities.
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(d)	An ordinance adopted under the authority of this section applies to all protected mountain ridges as defined in G.S. 113A‑206. A county or city may apply the ordinance to other mountain ridges within its jurisdiction if it finds that this application is reasonably necessary to protect against some or all of the hazards or problems set forth in G.S. 113A‑207.
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SECTION 8.  G.S. 122C‑3 reads as rewritten:
"§ 122C‑3.  Definitions.
The following definitions apply in this Chapter:
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(13e)	"Extraterritorial jurisdiction" means the boundaries of the area over which the Town of Butner was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the Town's relinquishment of jurisdiction over the area on or before January 1, 2016.
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SECTION 9.  G.S. 122C‑403 reads as rewritten:
"§ 122C‑403.  Secretary's authority over Camp Butner reservation.
The Secretary shall administer the Camp Butner reservation except (i) those areas within the municipal boundaries of the Town of Butner and (ii) that portion of the Town of Butner's extraterritorial jurisdiction, as defined in G.S. 122C‑3(13e), consisting of lands not owned by the State of North Carolina. In performing this duty, the Secretary has the powers listed below. In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary. The Secretary may:
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SECTION 10.  G.S. 122C‑405 reads as rewritten:
"§ 122C‑405.  Procedure applicable to rules.
Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same subject, shall be subject to review in the manner provided for a city ordinance adopted on the same subject, and shall be enforceable in accordance with the procedures for enforcing a city ordinance on the same subject. Violation of a rule adopted under this Article is punishable as provided in G.S. 122C‑406.
Rules adopted under this Article may apply to part or all of the Camp Butner Reservation, except those areas within the municipal boundaries of the Town of Butner and that portion of the Town of Butner's extraterritorial jurisdiction, as defined in G.S. 122C‑3(13e), consisting of lands not owned by the State of North Carolina. If a public hearing is required before the adoption of a rule, Advisory the Secretary shall designate one or more employees of the Department to conduct the hearing. The Butner Town Council shall receive at least 14 days' advance written notice of any public hearing with all correspondence concerning such public hearings to be directed to the mayor of the Town of Butner and sent by certified mail, return receipt requested, or equivalent delivery service to Butner Town Hall."
SECTION 11.  G.S. 122C‑410 reads as rewritten:
"§ 122C‑410.  Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands.
(a)	A municipality other than the Town of Butner may not annex territory extending into the Camp Butner reservation without written approval from the Secretary and the Butner Town Council of each proposed annexation. The Town of Butner may not annex territory extending into those portions of the Camp Butner Reservation owned by the State of North Carolina without written approval from the Secretary of each proposed annexation. The procedures, if any, for withdrawing approval granted by the Secretary to an annexation shall be stated in the notice of approval.
(b)	A county ordinance may apply in part or all of the Camp Butner reservation (other than areas within the Town of Butner) if the Secretary gives written approval of the ordinance. The Secretary may withdraw approval of a county ordinance by giving written notification, by certified mail, return receipt requested, to the county. A county ordinance ceases to be effective in the Camp Butner reservation 30 days after the county receives the written notice of the withdrawal of approval. This section does not enhance or diminish the authority of a county to enact ordinances applicable to the Town of Butner.
(c)	Notwithstanding any other provision of this Article, no portion of the lands owned by the State as of September 1, 2007, which are located in the incorporated limits of the Town of Butner shall be subject to any of the powers granted to the Town of Butner pursuant to Article 19 of Chapter 160A of the General Statutes except as to property no longer owned by the State. If any portion of such property owned by the State of North Carolina as of September 1, 2007, is no longer owned by the State, the Town of Butner may exercise all legal authority granted to the Town pursuant to the terms of its charter or by Article 19 of Chapter 160A of the General Statutes and may do so by ordinances adopted prior to the actual date of transfer. Before the State shall dispose of any property inside the incorporated limits of the Town of Butner or any of that property currently under the control of the North Carolina Department of Health and Human Services or the North Carolina Department of Agriculture and Consumer Services within the extraterritorial jurisdiction, as defined in G.S. 122C‑3(13e), of the Town of Butner, southeast of Old Highway 75, northeast of Central Avenue, southwest of 33rd Street, and northwest of "G" Street, by sale or lease for any use not directly associated with a State function, the Town of Butner shall first be given the right of first refusal to purchase said property at fair market value as determined by the average of the value of said property as determined by a qualified appraiser selected by the Secretary and a qualified appraiser selected by the Town of Butner."
SECTION 12.  G.S. 130A‑317 reads as rewritten:
"§ 130A‑317.  Department to provide advice; submission and approval of public water system plans.
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(d)	Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may establish and administer within their utility service areas their own approval program in lieu of State approval of water system plans required in subsection (c) of this section for construction or alteration of the distribution system of a proposed or existing public water system, subject to the prior certification of the Department. For purposes of this subsection, the service area of a municipality shall include only that area within the corporate limits of the municipality and that area outside a municipality in its extraterritorial jurisdiction where water service is already being provided to the permit applicant by the municipality or connection to the municipal water system is immediately available to the applicant; the service areas of counties and the other entities or groups shall include only those areas where water service is already being provided to the applicant by the permitting authority or connection to the permitting authority's system is immediately available. For purposes of this subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2016. No later than the 180th day after the receipt of an approval program and statement submitted by any local government, commission, authority, or board, the Department shall certify any local program that meets all of the following conditions:
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SECTION 13.  G.S. 136‑44.50 reads as rewritten:
"§ 136‑44.50.  Transportation corridor official map act.
(a)	A transportation corridor official map may be adopted or amended by any of the following:
(1)	The governing board of any local government for any thoroughfare included as part of a comprehensive plan for streets and highways adopted pursuant to G.S. 136‑66.2 or for any proposed public transportation corridor included in the adopted long‑range transportation plan.
(2)	The Board of Transportation, or the governing board of any county, for any portion of the existing or proposed State highway system or for any public transportation corridor, to include rail, that is in the Transportation Improvement Program.
(3)	Regional public transportation authorities created pursuant to Article 26 of Chapter 160A of the General Statutes or regional transportation authorities created pursuant to Article 27 of Chapter 160A of the General Statutes for any portion of the existing or proposed State highway system, or for any proposed public transportation corridor, or adjacent station or parking lot, included in the adopted long‑range transportation plan.
(4)	The North Carolina Turnpike Authority for any project being studied pursuant to G.S. 136‑89.183.
(5)	The Wilmington Urban Area Metropolitan Planning Organization for Department projects R‑3300 and U‑4751.

(a1)	No property may be regulated under this Article until:
(1)	The governing board of the city, the county, the regional transportation authority, the North Carolina Turnpike Authority, or the Department of Transportation has held a public hearing in each county affected by the map on the proposed map or amendment. Notice of the hearing shall be provided:
a.	By publication at least once a week for four successive weeks prior to the hearing in a newspaper having general circulation in the county in which the transportation corridor to be designated is located.
b.	By two week written notice to the Secretary of Transportation, the Chairman of the Board of County Commissioners, and the Mayor of any city or town through whose corporate limits the transportation corridor passes.
c.	By posting copies of the proposed transportation corridor map or amendment at the courthouse door for at least 21 days prior to the hearing date. The notice required in sub‑subdivision a. above shall make reference to this posting.
d.	By first‑class mail sent to each property owner affected by the corridor. The notice shall be sent to the address listed for the owner in the county tax records.
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SECTION 14.  G.S. 136‑55.1 reads as rewritten:
"§ 136‑55.1.  Notice of abandonment.
(a)	At least 60 days prior to any action by the Department of Transportation abandoning a segment of road and removing the same from the State highway system for maintenance, except roads abandoned on request of the county commissioners under G.S. 136‑63, the Department of Transportation shall notify by registered mail or personal delivery all owners of property adjoining the section of road to be abandoned whose whereabouts can be ascertained by due diligence. Said notice shall describe the section of road which is proposed to be abandoned and shall give the date, place and time of the Department of Transportation meeting at which the action abandoning said section of road is to be taken.
(b)	A municipality may keep open and assume responsibility for maintenance of a road within one mile of its corporate limits once it is abandoned from the State highway system."
SECTION 15.  G.S. 136‑63 reads as rewritten:
"§ 136‑63.  Change or abandonment of roads.
(a)	The board of county commissioners of any county may, on its own motion or on petition of a group of citizens, request the Board of Transportation to change or abandon any road in the secondary system when the best interest of the people of the county will be served thereby. The Board of Transportation shall thereupon make inquiry into the proposed change or abandonment, and if in its opinion the public interest demands it, shall make such change or abandonment. If the change or abandonment shall affect a road connecting with any street of a city or town, the change or abandonment shall not be made until the street‑governing body of the city or town shall have been duly notified and given opportunity to be heard on the question. Any request by a board of county commissioners or street‑governing body of a city refused by the Board of Transportation may be presented again upon the expiration of 12 months.
(b)	A municipality may keep open and assume responsibility for maintenance of a road within one mile of its corporate limits once it is abandoned from the State highway system."
SECTION 16.  G.S. 136‑66.3 reads as rewritten:
"§ 136‑66.3.  Local government participation in improvements to the State transportation system.
(a)	Municipal Participation Authorized. – A municipality may, but is not required to, participate in the right‑of‑way and construction cost of a State transportation improvement approved by the Board of Transportation under G.S. 143B‑350(f)(4) that is located in the municipality.
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SECTION 17.  G.S. 143‑138 reads as rewritten:
"§ 143‑138.  North Carolina State Building Code.
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(e)	Effect upon Local Codes. – Except as otherwise provided in this section, the North Carolina State Building Code shall apply throughout the State, from the time of its adoption. Approved rules shall become effective in accordance with G.S. 150B‑21.3. However, any political subdivision of the State may adopt a fire prevention code and floodplain management regulations within its jurisdiction. The territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within the corporate limits of the municipality; county jurisdiction shall include all other areas of the county. No such code or regulations, other than floodplain management regulations and those permitted by G.S. 160A‑436, shall be effective until they have been officially approved by the Building Code Council as providing adequate minimum standards to preserve and protect health and safety, in accordance with the provisions of subsection (c) above. Local floodplain regulations may regulate all types and uses of buildings or structures located in flood hazard areas identified by local, State, and federal agencies, and include provisions governing substantial improvements, substantial damage, cumulative substantial improvements, lowest floor elevation, protection of mechanical and electrical systems, foundation construction, anchorage, acceptable flood resistant materials, and other measures the political subdivision deems necessary considering the characteristics of its flood hazards and vulnerability. In the absence of approval by the Building Code Council, or in the event that approval is withdrawn, local fire prevention codes and regulations shall have no force and effect. Provided any local regulations approved by the local governing body which are found by the Council to be more stringent than the adopted statewide fire prevention code and which are found to regulate only activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion or related hazards, and are not matters in conflict with the State Building Code, shall be approved. Local governments may enforce the fire prevention code of the State Building Code using civil remedies authorized under G.S. 143‑139, 153A‑123, and 160A‑175. If the Commissioner of Insurance or other State official with responsibility for enforcement of the Code institutes a civil action pursuant to G.S. 143‑139, a local government may not institute a civil action under G.S. 143‑139, 153A‑123, or 160A‑175 based upon the same violation. Appeals from the assessment or imposition of such civil remedies shall be as provided in G.S. 160A‑434.
A local government may not adopt any ordinance in conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section.
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SECTION 18.  G.S. 143‑215.1 reads as rewritten:
"§ 143‑215.1.  Control of sources of water pollution; permits required.
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(f)	Local Permit Programs for Sewer Extension and Reclaimed Water Utilization. – Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may establish and administer within their utility service areas their own general permit programs in lieu of State permit required in G.S. 143‑215.1(a)(2), (3), and (8) above, for construction, operation, alteration, extension, change of proposed or existing sewer system, subject to the prior certification of the Commission. For purposes of this subsection, the service area of a municipality shall include only that area within the corporate limits of the municipality and that area outside a municipality in its extraterritorial jurisdiction where sewer service or a reclaimed water utilization system is already being provided by the municipality to the permit applicant or connection to the municipal sewer system or a reclaimed water utilization system is immediately available to the applicant; the service areas of counties and the other entities or groups shall include only those areas where sewer service or a reclaimed water utilization system is already being provided to the applicant by the permitting authority or connection to the permitting authority's system is immediately available. For purposes of this subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2016. No later than the 180th day after the receipt of a program and statement submitted by any local government, commission, authority, or board the Commission shall certify any local program that does all of the following:
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SECTION 19.  G.S. 143‑215.57 reads as rewritten:
"§ 143‑215.57.  Procedures in issuing permits.
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(b)	In prescribing standards and requirements for the issuance of permits under this Part and in issuing permits, local governments shall proceed as in the case of an ordinance for the better government of the county or city as the case may be. A city may exercise the powers granted in this Part only within its corporate boundaries. A county may exercise the powers granted in this Part at any place within the county that is outside the zoning jurisdiction of a city in the county. The county may regulate territory within the zoning jurisdiction of any city whose governing body, by resolution, agrees to the regulation. The governing body of a city may, upon one year's written notice, withdraw its approval of the county regulations, and those regulations shall have no further effect within the city's jurisdiction.
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SECTION 20.  G.S. 153A‑317.14 reads as rewritten:
"§ 153A‑317.14.  Extension of economic development and training districts.
(a)	Standards. – A board of commissioners may by resolution annex territory to an economic development and training district upon finding that:
(1)	The conditions, covenants, restrictions, and reservations required by G.S. 153A‑317.12(a)(1) that apply to all real property in the district, other than property owned by the federal, State, or local government, also apply or will apply to the property, other than property owned by the federal government, to be annexed.
(2)	One hundred percent (100%) of the owners of real property in the area to be annexed have petitioned for annexation.
(3)	The district, following the annexation, will continue to meet the standards set out in G.S. 153A‑317.12(a).
(4)	The reasonably anticipated training needs of the existing companies in the area to be annexed and of new companies that may locate within the expanded area can be met by the skills training facility located in the district.
(5)	The area to be annexed is either contiguous to a lot, parcel, or tract of land in the district or at least 500 acres in the aggregate counting all parcels proposed for annexation. A property shall, for purposes of this section, be deemed to be contiguous notwithstanding that it may be separated from other property by a street, road, highway, right‑of‑way, or easement.
	
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SECTION 21.  G.S. 160A‑58.4 reads as rewritten:
"§ 160A‑58.4.  Extraterritorial powers.
Satellite corporate limits shall not be considered a part of the city's corporate limits for the purposes of abatement of public health nuisances pursuant to G.S. 160A‑193. However, a city's power to abate public health nuisances pursuant to G.S. 160A‑193 shall be the same within satellite corporate limits as within its primary corporate limits."
SECTION 22.  G.S. 160A‑176.1 reads as rewritten:
"§ 160A‑176.1.  Ordinances effective in Atlantic Ocean.
(a)	A city may adopt ordinances to regulate and control swimming, surfing and littering in the Atlantic Ocean adjacent to that portion of the city within its boundaries; provided, however, nothing contained herein shall be construed to permit any city to prohibit altogether swimming and surfing or to make these activities unlawful.
(b)	This section shall apply only to cities in the counties of Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender."
SECTION 23.  G.S. 160A‑176.2 reads as rewritten:
"§ 160A‑176.2.  Ordinances effective in Atlantic Ocean.
(a)	A city may adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion of the city within its boundaries; provided, however, nothing contained herein shall be construed to permit any city to prohibit altogether swimming or surfing or to make these activities unlawful.
(b)	Subsection (a) of this section applies to the Towns of Atlantic Beach, Calabash, Cape Carteret, Carolina Beach, Caswell Beach, Duck, Emerald Isle, Holden Beach, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Oak Island, Ocean Isle Beach, Southern Shores, Sunset Beach, Topsail Beach, and Wrightsville Beach, and the City of Southport only."
SECTION 24.  G.S. 160A‑199 reads as rewritten:
"§ 160A‑199.  Regulation of outdoor advertising.
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(m)	This section does not apply to any ordinance in effect on the effective date of this section. A city may amend an ordinance in effect on the effective date of this section to extend application of the ordinance to off‑premises outdoor advertising located in territory acquired by annexation. A city may repeal or amend an ordinance in effect on the effective date of this section so long as the amendment to the existing ordinance does not reduce the period of amortization in effect on the effective date of this section.
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SECTION 25.  G.S. 160A‑296 reads as rewritten:
"§ 160A‑296.  Establishment and control of streets; center and edge lines.
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SECTION 26.  G.S. 160A‑299 reads as rewritten:
"§ 160A‑299.  Procedure for permanently closing streets and alleys.
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(d)	This section shall apply to any street or public alley within a city that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights of a dedicator, or those claiming under a dedicator, pursuant to G.S. 136‑96.
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SECTION 27.  G.S. 160A‑340.2 reads as rewritten:
"§ 160A‑340.2.  Exemptions.
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(c)	The provisions of G.S. 160A‑340.1, 160A‑340.3, 160A‑340.4, 160A‑340.5, and 160A‑340.6 do not apply to a city or joint agency providing communications service as of January 1, 2011, provided the city or joint agency limits the provision of communications service to any one or more of the following:
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(3)	The following service areas:
a.	For the joint agency operated by the cities of Davidson and Mooresville, the service area is the combined areas of the city of Cornelius; the town of Troutman; the town of Huntersville; the unincorporated areas of Mecklenburg County north of a line beginning at Highway 16 along the west boundary of the county, extending eastward along Highway 16, continuing east along Interstate 485, and continuing eastward to the eastern boundary of the county along Eastfield Road; and the unincorporated areas of Iredell County south of Interstate 40, excluding the City of Statesville and the extraterritorial jurisdiction of the City of Statesville. For purposes of this sub‑subdivision, the term "extraterritorial jurisdiction" means the boundaries of the area over which the City of Statesville was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the City's relinquishment of jurisdiction over the area on or before January 1, 2016.
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SECTION 28.  G.S. 160A‑383.4 reads as rewritten:
"§ 160A‑383.4.  Local energy efficiency incentives.
(a)	Land‑Use Development Incentives. – Counties and municipalities, for the purpose of reducing the amount of energy consumption by new development, and thereby promoting the public health, safety, and welfare, may adopt ordinances to grant a density bonus, make adjustments to otherwise applicable development requirements, or provide other incentives to a developer or builder within the county or municipality if the developer or builder agrees to construct new development or reconstruct existing development in a manner that the county or municipality determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption.
(b)	Repealed by Session Laws 2009‑95, s. 1, effective June 11, 2009."
SECTION 29.  G.S. 160A‑459 reads as rewritten:
"§ 160A‑459.  Stormwater control.
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PART III. EFFECTIVE DATE
SECTION 30.  The headings to the parts of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.
SECTION 31.  This act becomes effective January 1, 2016.