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, any city may exercise planning jurisdiction under Chapter 160D 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 extraterritorial planning jurisdiction are prohibited from voting in municipal elections; and
Whereas, without the ability to vote in municipal 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. 160D‑201 reads as rewritten:
"§ 160D‑201.  Planning and development regulation jurisdiction.
(a)	Cities. – All of the powers granted by this Chapter may be exercised by any city within its corporate limits.
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SECTION 2.  G.S. 160D‑202 reads as rewritten:
"§ 160D‑202.  Transfer or relinquishment of jurisdiction.

	

(a)	County Authority Within City Jurisdiction. – The county may, on request of the city council, exercise any or all of the powers granted in this Chapter in any or all areas lying within the city's corporate limits.
(b)	Transfer of Jurisdiction. – When a city annexes or a new city is incorporated in an area that is currently being regulated by the county, the county development regulations and powers of enforcement shall remain in effect until (i) the city has adopted such development regulations or (ii) a period of 60 days has elapsed following the annexation or incorporation, whichever is sooner. Prior to the transfer of jurisdiction, the city may hold hearings and take any other measures consistent with G.S. 160D‑204 that may be required in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.
(c)	Relinquishment of Jurisdiction. – When a city relinquishes jurisdiction over an area that it is regulating under this Chapter to a county, the city development regulations and powers of enforcement shall remain in effect until (i) the county has adopted such development regulation or (ii) a period of 60 days has elapsed following the action by which the city relinquished jurisdiction, whichever is sooner. Prior to the transfer of jurisdiction, the county may hold hearings and take other measures consistent with G.S. 160D‑204 that may be required in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.
(d)	Process for Local Government Approval. – When a local government is granted powers by this section subject to the request, approval, or agreement of another local government, the request, approval, or agreement shall be evidenced by a formally adopted resolution of the governing board of the local government. Any such request, approval, or agreement can be rescinded upon two years' written notice to the other governing boards concerned by repealing the resolution. The resolution may be modified at any time by mutual agreement of the governing boards concerned.
	
(e)	Effect on Vested Rights. – Whenever a city or county, pursuant to this section, acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another local government, any person who has acquired vested rights in the surrendering jurisdiction may exercise those rights as if no change of jurisdiction had occurred. The city or county acquiring jurisdiction may take any action regarding such a development approval, certificate, or other evidence of compliance that could have been taken by the local government surrendering jurisdiction pursuant to its development regulations. Except as provided in this subsection, any building, structure, or other land use in a territory over which a city or county has acquired jurisdiction is subject to the development regulations of the city or county."
SECTION 3.  G.S. 160D‑307 is repealed.
SECTION 4.  G.S. 160D‑602 reads as rewritten:
"§ 160D‑602.  Notice of hearing on proposed zoning map amendments.
(a)	Mailed Notice. – Subject to the limitations of this Chapter, an ordinance shall provide for the manner in which zoning regulations and the boundaries of zoning districts are to be determined, established, and enforced, and from time to time amended, supplemented, or changed, in accordance with the provisions of this Chapter. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first‑class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the hearing.
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SECTION 5.  G.S. 160D‑903 reads as rewritten:
"§ 160D‑903.  Agricultural uses.
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SECTION 6.  G.S. 160D‑912 reads as rewritten:
"§ 160D‑912.  Outdoor advertising.
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(m)	This section does not apply to any ordinance in effect on July 1, 2004. A local government may amend an ordinance in effect on July 1, 2004, to extend application of the ordinance to off‑premises outdoor advertising located in territory acquired by annexation. A local government may repeal or amend an ordinance in effect on July 1, 2004, so long as the amendment to the existing ordinance does not reduce the period of amortization in effect on June 19, 2020.
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SECTION 7.  G.S. 160D‑925 reads as rewritten:
"§ 160D‑925.  Stormwater control.
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SECTION 8.  G.S. 160D‑1125 reads as rewritten:
"§ 160D‑1125.  Enforcement.
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(c)	Additional Lien. – The amounts incurred by a local government in connection with the removal or demolition are also a lien against any other real property owned by the owner of the building or structure and located within the local government's planning and development regulation jurisdiction, except for the owner's primary residence. The provisions of subsection (b) of this section apply to this additional lien, except that this additional lien is inferior to all prior liens and shall be collected as a money judgment.
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SECTION 9.  Any provision in a local act that grants a city the power to exercise extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes, or its successor Chapter 160D of the General Statutes, is hereby repealed.
SECTION 10.  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, or its successor Chapter 160D of the General Statutes, shall become effective January 1, 2022. However, nothing in this act shall be construed as prohibiting a city from relinquishing jurisdiction over an area prior to January 1, 2022, so long as the city complies with the provisions of Article 19 of Chapter 160A of the General Statutes, or its successor Chapter 160D of the General Statutes.
SECTION 11.  Upon 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, or its successor Chapter 160D 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 the 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 12.  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 13.  G.S. 122C‑3 reads as rewritten:
"§ 122C‑3.  Definitions.
The following definitions apply in this Chapter:
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(13e)	Extraterritorial jurisdiction. – 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, or its successor Chapter 160D of the General Statutes, prior to the Town's relinquishment of jurisdiction over the area on or before January 1, 2022.
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SECTION 14.  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 15.  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 16.  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 Chapter 160D 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 Chapter 160D 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 that term is 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 17.  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, or its successor Chapter 160D of the General Statutes, prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2022. 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 18.  G.S. 136‑55.1 reads as rewritten:
"§ 136‑55.1.  Notice of abandonment.
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(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 19.  G.S. 136‑63 reads as rewritten:
"§ 136‑63.  Change or abandonment of roads.
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(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 20.  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 21.  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 22.  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, or its successor Chapter 160D of the General Statutes, prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2022. 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 23.  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:
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SECTION 24.  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 regulate land use pursuant to Chapter 160D of the General Statutes or 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 25.  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.
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SECTION 26.  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.
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SECTION 27.  G.S. 160A‑296 reads as rewritten:
"§ 160A‑296.  Establishment and control of streets; center and edge lines.
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SECTION 28.  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 29.  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, or its successor Chapter 160D of the General Statutes, prior to the City's relinquishment of jurisdiction over the area on or before January 1, 2022.
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PART III. LAW ENFORCEMENT
SECTION 30.  This act shall have no effect on the extraterritorial jurisdiction of law enforcement officers as authorized in Chapter 77 of the General Statutes, G.S. 15A‑402, 20‑38.2, 160A‑286, or any other local act or provision of general law.

PART IV. EFFECTIVE DATE
SECTION 31.  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 32.  This act becomes effective January 1, 2022.