Chapter 153A Counties
Article 1 - Definitions and Statutory Construction.
- § 153A-1 Definitions
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section have the meaning indicated when...
- § 153A-2 Effect on prior laws and actions taken pursuant to prior laws
The provisions of this Chapter, insofar as they are the same in substance as laws in effect as of December 31, 1973, are intended to...
- § 153A-3 Effect of Chapter on local acts
(a) Except as provided in this section, nothing in this Chapter repeals or amends a local act in effect as of January 1, 1974, or...
- § 153A-4 Broad construction
It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions,...
- § 153A-5 Statutory references deemed amended to conform to Chapter
If a reference is made in another portion of the General Statutes, in a local act, or in a city or county ordinance, resolution, or...
- § 153A-6 through 153A-9 Reserved for future codification purposes
Article 2 - Corporate Powers.
- § 153A-10 State has 100 counties
North Carolina has 100 counties. They are: Alamance, Alexander, Alleghany, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba,...
- § 153A-11 Corporate powers
The inhabitants of each county are a body politic and corporate under the name specified in the act creating the county. Under that name they...
- § 153A-12 Exercise of corporate power
Except as otherwise directed by law, each power, right, duty, function, privilege and immunity of the corporation shall be exercised by the board of commissioners....
- § 153A-13 Continuing contracts
A county may enter into continuing contracts, some portion or all of which are to be performed in ensuing fiscal years. In order to enter...
- § 153A-14 Grants and loans from other governments
A county may contract for and accept grants and loans as permitted by G.S. 160A‑17.1. (1973, c. 822, s. 1; 2007‑91, s. 2.)
- § 153A-15 Consent of board of commissioners necessary in certain counties before land may be condemned or acquired by a unit of local government outside the county
(a) Notwithstanding the provisions of Chapter 40A of the General Statutes or any other general law or local act conferring the power of eminent domain,...
- § 153A-15.1 Agreement to make payment in lieu of future ad valorem taxes required before wetlands acquisition by a unit of local government
(a) Condemnation. Notwithstanding the provisions of G.S. 153A‑15, Chapter 40A of the General Statutes, or any other general law or local act conferring the power...
- § 153A-16 Reserved for future codification purposes
Article 3 - Boundaries.
- § 153A-17 Existing boundaries
The boundaries of each county shall remain as presently established, until changed in accordance with law. (1973, c. 822, s. 1.)
- § 153A-18 Uncertain or disputed boundary
(a) If two or more counties are uncertain as to the exact location of the boundary between them, they may cause the boundary to be...
- § 153A-19 Establishing and naming townships
(a) A county may by resolution establish and abolish townships, change their boundaries, and prescribe their names, except that no such resolution may become effective...
- § 153A-20 Map of electoral districts
If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the current boundaries of...
- § 153A-21 Repealed by Session Laws 1973, c. 884
- § 153A-22 Redefining electoral district boundaries
(a) If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the board of...
- § 153A-23 through 153A-24 Reserved for future codification purposes
Article 4 - Form of Government.
- § 153A-25 Qualifications for appointive office
The board of commissioners may fix qualifications for any appointive office, including a requirement that a person serving in such an office reside within the...
- § 153A-26 Oath of office
Each person elected by the people or appointed to a county office shall, before entering upon the duties of the office, take and subscribe the...
- § 153A-27 Vacancies on the board of commissioners
If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If...
- § 153A-27.1 Vacancies on board of commissioners in certain counties
(a) If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy....
- § 153A-28 Compensation of board of commissioners
The board of commissioners may fix the compensation and allowances of the chairman and other members of the board by inclusion of the compensation and...
- § 153A-29 Repealed by Session Laws 1975, c. 514, s. 17
- § 153A-30 through 153A-33 Reserved for future codification purposes
- § 153A-34 Structure of boards of commissioners
Each county is governed by a board of commissioners. The structure and manner of election of the board of commissioners in each county shall remain...
- § 153A-35 through 153A-38 Reserved for future codification purposes
- § 153A-39 Selection of chairman and vice-chairman; powers and duties
On: (1) The first Monday in December of each even‑numbered year; and (2) Its first regular meeting in December of each odd‑numbered year, the board...
- § 153A-40 Regular and special meetings
(a) The board of commissioners shall hold a regular meeting at least once a month, and may hold more frequent regular meetings. The board may...
- § 153A-41 Procedures
The board of commissioners may adopt its own rules of procedure, in keeping with the size and nature of the board and in the spirit...
- § 153A-42 Minutes to be kept; ayes and noes
The clerk shall keep full and accurate minutes of the proceedings of the board of commissioners, which shall be available for public inspection. The clerk...
- § 153A-43 Quorum
A majority of the membership of the board of commissioners constitutes a quorum. The number required for a quorum is not affected by vacancies. If...
- § 153A-44 Members excused from voting
The board may excuse a member from voting, but only upon questions involving the member's own financial interest or official conduct or on matters on...
- § 153A-45 Adoption of ordinances
To be adopted at the meeting at which it is first introduced, an ordinance or any action having the effect of an ordinance (except the...
- § 153A-46 Franchises
No ordinance making a grant, renewal, extension, or amendment of any franchise may be finally adopted until it has been passed at two regular meetings...
- § 153A-47 Technical ordinances
Subject to G.S. 143‑138(e), a county may in an ordinance adopt by reference a published technical code or a standard or regulation promulgated by a...
- § 153A-48 Ordinance book
The clerk shall maintain an ordinance book, separate from the minute book of the board of commissioners. The ordinance book shall be indexed and shall...
- § 153A-49 Code of ordinances
A county may adopt and issue a code of its ordinances. The code may be reproduced by any method that gives legible and permanent copies,...
- § 153A-50 Pleading and proving county ordinances
County ordinances shall be pleaded and proved under the rules and procedures of G.S. 160A‑79. References to G.S. 160A‑77 and G.S. 160A‑78 appearing in G.S....
- § 153A-51 Reserved for future codification purposes
- § 153A-52 Conduct of public hearing
The board of commissioners may hold public hearings at any place within the county. The board may adopt reasonable rules governing the conduct of public...
- § 153A-52.1 Public comment period during regular meetings
The board of commissioners shall provide at least one period for public comment per month at a regular meeting of the board. The board may...
- § 153A-53 through 153A-57 Reserved for future codification purposes
- § 153A-58 Optional structures
A county may alter the structure of its board of commissioners by adopting one or any combination of the options prescribed by this section. (1)...
- § 153A-59 Implementation when board has members serving a combination of four- and two-year terms
If the structure of the board of commissioners is altered to establish a board with an odd number of members serving a combination of four‑...
- § 153A-60 Initiation of alterations by resolution
The board of commissioners shall initiate any alteration in the structure of the board by adopting a resolution. The resolution shall: (1) Briefly but completely...
- § 153A-61 Submission of proposition to voters; form of ballot
A proposition to approve an alteration shall be printed on the ballot in substantially the following form: "Shall the structure of the board of commissioners...
- § 153A-62 Effective date of any alteration
Any approved alteration shall be the basis for nominating and electing the members of the board of commissioners at the first succeeding primary and general...
- § 153A-63 Filing copy of resolution
A copy of a resolution approved pursuant to this Part shall be filed and indexed in the ordinance book required by G.S. 153A‑48. (1927, c....
- § 153A-64 Filing results of election
If the proposition is approved under G.S. 153A‑61, a certified true copy of the resolution and a copy of the abstract of the election shall...
- § 153A-65 through 153A-75 Reserved for future codification purposes
Article 5 - Administration.
- § 153A-76 Board of commissioners to organize county government
The board of commissioners may create, change, abolish, and consolidate offices, positions, departments, boards, commissions, and agencies of the county government, may impose ex officio...
- § 153A-77 Authority of boards of commissioners in certain counties over commissions, boards, agencies, etc
(a) In the exercise of its jurisdiction over commissions, boards and agencies, the board of county commissioners may assume direct control of any activities theretofore...
- § 153A-77.1 Single portal of entry
A county may develop for human services a single portal of entry, a consolidated case management system, and a common data base; provided that if...
- § 153A-78 Reserved for future codification purposes
- § 153A-79 Reserved for future codification purposes
- § 153A-80 Reserved for future codification purposes
- § 153A-81 Adoption of county-manager plan; appointment or designation of manager
The board of commissioners may by resolution adopt or discontinue the county‑manager plan. If it adopts the county‑manager plan, the board may, in the alternative:...
- § 153A-82 Powers and duties of manager
The manager is the chief administrator of county government. He is responsible to the board of commissioners for the administration of all departments of county...
- § 153A-83 Acting county manager
By letter filed with the clerk, the manager may designate, subject to the approval of the board of commissioners, a qualified person to exercise the...
- § 153A-84 Interim county manager
Whenever the position of county manager is vacant, the board of commissioners shall designate a qualified person to exercise the powers and perform the duties...
- § 153A-85 through 153A-86 Reserved for future codification purposes
- § 153A-87 Administration in counties not having managers
In a county that has not adopted or does not operate under the county‑manager plan, the board of commissioners shall appoint, suspend, and remove all...
- § 153A-88 Acting department heads
By letter filed with the clerk, the head of a department may designate, subject to the approval of the board of commissioners, a qualified person...
- § 153A-89 Interim department heads
Whenever the position of head of a department is vacant, the board may designate a qualified person to exercise the powers and perform the duties...
- § 153A-90 through 153A-91 Reserved for future codification purposes
- § 153A-92 Compensation
(a) Subject to the limitations set forth in subsection (b) of this section, the board of commissioners shall fix or approve the schedule of pay,...
- § 153A-93 Retirement benefits
(a) The board of commissioners may provide for enrolling county officers and employees in the Local Governmental Employees' Retirement System, the Law‑Enforcement Officers' Benefit and...
- § 153A-94 Personnel rules; office hours, workdays, and holidays
(a) The board of commissioners may adopt or provide for rules and regulations or ordinances concerning but not limited to annual leave, sick leave, special...
- § 153A-94.1 (See note on condition precedent) Smallpox vaccination policy
All counties that employ firefighters, law enforcement officers, paramedics, other first responders, or health department employees shall, not later than 90 days after this section...
- § 153A-94.2 Criminal history record checks of employees permitted
The board of commissioners may adopt or provide for rules and regulations or ordinances concerning a requirement that any applicant for employment be subject to...
- § 153A-95 Personnel board
The board of commissioners may establish a personnel board with authority, as regards employees in offices, departments, boards, commissions, and agencies under the general control...
- § 153A-96 Participation in the Social Security Act
The board of commissioners may take any action necessary to allow county officers and employees to participate fully in benefits provided by the Federal Social...
- § 153A-97 Defense of officers, employees and others
A county may, pursuant to G.S. 160A‑167, provide for the defense of: (1) Any county officer or employee, including the county board of elections or...
- § 153A-98 Privacy of employee personnel records
(a) Notwithstanding the provisions of G.S. 132‑6 or any other general law or local act concerning access to public records, personnel files of employees, former...
- § 153A-99 County employee political activity
(a) Purpose. The purpose of this section is to ensure that county employees are not subjected to political or partisan coercion while performing their job...
- § 153A-100 Reserved for future codification purposes
- § 153A-101 Board of commissioners to direct fiscal policy of the county
The board of commissioners has and shall exercise the responsibility of developing and directing the fiscal policy of the county government under the provisions and...
- § 153A-102 Commissioners to fix fees
The board of commissioners may fix the fees and commissions charged by county officers and employees for performing services or duties permitted or required by...
- § 153A-103 Number of employees in offices of sheriff and register of deeds
Subject to the limitations set forth below, the board of commissioners may fix the number of salaried employees in the offices of the sheriff...
- § 153A-104 Reports from officers, employees, and agents of the county
The board of commissioners may require any officer, employee, or agent of the county to make to the board, either directly or through the county...
- § 153A-105 through 153A-110 Reserved for future codification purposes
- § 153A-111 Appointment; powers and duties
The board of commissioners shall appoint or designate a clerk to the board. The board may designate the register of deeds or any other county...
- § 153A-112 through 153A-113 Reserved for future codification purposes
- § 153A-114 Appointment; duties
The board of commissioners shall appoint a county attorney to serve at its pleasure and to be its legal adviser. (1973, c. 822, s. 1.)
- § 153A-115 through 153A-120 Reserved for future codification purposes
Article 6 - Delegation and Exercise of the General Police Power.
- § 153A-121 General ordinance-making power
(a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens...
- § 153A-122 Territorial jurisdiction of county ordinances
Except as otherwise provided in this Article, the board of commissioners may make any ordinance adopted pursuant to this Article applicable to any part of...
- § 153A-123 Enforcement of ordinances
(a) A county may provide for fines and penalties for violation of its ordinances and may secure injunctions and abatement orders to further insure compliance...
- § 153A-124 Enumeration not exclusive
The enumeration in this Article or other portions of this Chapter of specific powers to define, regulate, prohibit, or abate acts, omissions, or conditions is...
- § 153A-125 Regulation of solicitation campaigns, flea markets and itinerant merchants
A county may by ordinance regulate, restrict, or prohibit the solicitation of contributions from the public for charitable or eleemosynary purposes, and also the business...
- § 153A-126 Regulation of begging
A county may by ordinance prohibit or regulate begging or otherwise canvassing the public for contributions for the private benefit of the solicitor or any...
- § 153A-127 Abuse of animals
A county may by ordinance define and prohibit the abuse of animals. (1973, c. 822, s. 1.)
- § 153A-128 Regulation of explosive, corrosive, inflammable, or radioactive substances
A county may by ordinance regulate, restrict, or prohibit the sale, possession, storage, use or conveyance of any explosive, corrosive, inflammable, or radioactive substance or...
- § 153A-129 Firearms
A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or...
- § 153A-130 Pellet guns
A county may by ordinance regulate, restrict, or prohibit the sale, possession, or use of pellet guns or any other mechanism or device designed or...
- § 153A-131 Possession or harboring of dangerous animals
A county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property. No such ordinance...
- § 153A-132 Removal and disposal of abandoned and junked motor vehicles
(a) Grant of Power. A county may by ordinance prohibit the abandonment of motor vehicles on public grounds and private property within the county's ordinance‑making...
- § 153A-132.1 To provide for the removal and disposal of trash, garbage, etc
The board of county commissioners of any county is hereby authorized to enact ordinances governing the removal, method or manner of disposal, depositing or dumping...
- § 153A-132.2 Regulation, restraint and prohibition of abandonment of junked motor vehicles
(a) A county may by ordinance regulate, restrain or prohibit the abandonment of junked motor vehicles on public grounds and on private property within the...
- § 153A-133 Noise regulation
A county may by ordinance regulate, restrict, or prohibit the production or emission of noises or amplified speech, music, or other sounds that tend to...
- § 153A-134 Regulating and licensing businesses, trades, etc
A county may by ordinance, subject to the general law of the State, regulate and license occupations, businesses, trades, professions, and forms of amusement or...
- § 153A-135 Regulation of places of amusement
A county may by ordinance regulate places of amusement and entertainment, and may regulate, restrict, or prohibit the operation of pool and billiard halls, dance...
- § 153A-136 Regulation of solid wastes
(a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may: (1) Regulate...
- § 153A-137 Repealed by Session Laws 2006-151, s. 10, effective January 1, 2007
- § 153A-138 Registration of mobile homes, house trailers, etc
A county may by ordinance provide for the annual registration of mobile homes, house trailers and similar vehicular equipment designed for use as living or...
- § 153A-139 Regulation of traffic at parking areas and driveways
The governing body of any county may, by ordinance, regulate the stopping, standing, or parking of vehicles in specified areas of any parking areas or...
- § 153A-140 Abatement of public health nuisances
A county shall have authority, subject to the provisions of Article 57 of Chapter 106 of the General Statutes, to remove, abate, or remedy everything...
- § 153A-140.1 Stream-clearing programs
(a) A county shall have the authority to remove natural and man‑made obstructions in stream channels and in the floodway of streams that may impede...
- § 153A-141 Repealed by Session Laws 1995, c. 501. s. 3
- § 153A-142 Curfews
A county may by an appropriate ordinance impose a curfew on persons of any age less than 18. (1997‑189, s. 2.)
- § 153A-143 Regulation of outdoor advertising
(a) As used in this section, the term "off‑premises outdoor advertising" includes off‑premises outdoor advertising visible from the main‑traveled way of any road. (b) A...
- § 153A-144 Limitations on regulating solar collectors
(a) Except as provided in subsection (c) of this section, no county ordinance shall prohibit, or have the effect of prohibiting, the installation of a...
- § 153A-145 Reserved for future codification purposes
Article 7 - Taxation.
- § 153A-146 General power to impose taxes
A county may impose taxes only as specifically authorized by act of the General Assembly. Except when the statute authorizing a tax provides for penalties...
- § 153A-147 Remedies for collecting taxes other than property taxes
In addition to any other remedies provided by law, a county may collect any county tax by use of the remedies of levy and sale...
- § 153A-148 Continuing taxes
Except for taxes levied on property under the Machinery Act (Chapter 105, Subchapter II), a county may impose any authorized tax by a permanent ordinance...
- § 153A-148.1 Disclosure of certain information prohibited
(a) Disclosure Prohibited. Notwithstanding Chapter 132 of the General Statutes or any other law regarding access to public records, local tax records that contain information...
- § 153A-149 Property taxes; authorized purposes; rate limitation
(a) Pursuant to Article V, Sec. 2(5) of the Constitution of North Carolina, the General Assembly confers upon each county in this State the power...
- § 153A-150 Reserve for octennial reappraisal
Before the beginning of the fiscal year immediately following the effective date of an octennial reappraisal of real property conducted as required by G.S. 105‑286,...
- § 153A-151 Sales tax
A county may levy a local sales and use tax under the rules and according to the procedures prescribed by the Local Government Sales and...
- § 153A-152 Privilege license taxes
(a) Authority. A county may levy privilege license taxes on trades, occupations, professions, businesses, and franchises to the extent authorized by Article 2 of Chapter...
- § 153A-152.1 Privilege license tax on low-level radioactive and hazardous waste facilities
(a) Counties in which hazardous waste facilities as defined in G.S. 130A‑290 or low‑level radioactive waste facilities as defined in G.S. 104E‑5(9b) are located may...
- § 153A-153 Animal tax
A county may levy an annual license tax on the privilege of keeping dogs and other pets within the county. (1973, c. 822, s. 1.)
- § 153A-154 Repealed by Session Laws 2006-151, s. 11, effective January 1, 2007
- § 153A-154.1 Uniform penalties for local meals taxes
(a) Penalties. Notwithstanding any other provision of law, the civil and criminal penalties that apply to State sales and use taxes under Chapter 105 of...
- § 153A-155 Uniform provisions for room occupancy taxes
(a) Scope. This section applies only to counties the General Assembly has authorized to levy room occupancy taxes. (b) Levy. A room occupancy tax may...
- § 153A-156 Gross receipts tax on short-term leases or rentals
(a) As a substitute for and in replacement of the ad valorem tax, which is excluded by G.S. 105‑275(42), a county may levy a gross...
Article 8 - County Property.
- § 153A-157 Recodified as § 153A-158.1(a) by Session Laws 1995, c. 17, s. 15(a)
- § 153A-158 Power to acquire property
A county may acquire, by gift, grant, devise, bequest, exchange, purchase, lease, or any other lawful method, the fee or any lesser interest in real...
- § 153A-158.1 Acquisition and improvement of school property
(a) Acquisition by County. A county may acquire, by any lawful method, any interest in real or personal property for use by a school administrative...
- § 153A-158.2 Acquisition and improvement of community college property
(a) Acquisition. A county may acquire, by any lawful method, any interest in real or personal property for use by a community college within the...
- § 153A-159 through 153A-162 Repealed by Session Laws 1981, c. 919, s. 20
- § 153A-163 Acquisition of property at a judicial sale, execution sale, or sale pursuant to a power of sale; disposition of such property
A county, city, or other unit of local government may purchase real property at a judicial sale, an execution sale, or a sale made pursuant...
- § 153A-164 Joint buildings
Two or more counties, cities, other units of local government (including local boards of education), or any combination of such governments may jointly acquire or...
- § 153A-165 Leases
A county may lease as lessee, with or without option to purchase, any real or personal property for any authorized public purpose. A lease of...
- § 153A-166 through 153A-168 Reserved for future codification purposes
- § 153A-169 Care and use of county property; sites of county buildings
The board of commissioners shall supervise the maintenance, repair, and use of all county property. The board may issue orders and adopt by ordinance or...
- § 153A-170 Regulation of parking on county property
A county may by ordinance regulate parking of motor vehicles on county‑owned property. Such an ordinance may be enforced pursuant to G.S. 153A‑123. In addition,...
- § 153A-171 through 153A-175 Reserved for future codification purposes
- § 153A-176 Disposition of property
A county may dispose of any real or personal property belonging to it according to the procedures prescribed in Chapter 160A, Article 12. For purposes...
- § 153A-177 Reconveyance of property donated to a local government
If real or personal property is conveyed without consideration to a county, city, or other unit of local government to be used for a specific...
- § 153A-178 Disposition of county property for a State psychiatric hospital
When the Secretary of Health and Human Services selects a county for the location of a new State psychiatric hospital as authorized by law, the...
- § 153A-179 through 153A-184 Reserved for future codification purposes
Article 9 - Special Assessments.
- § 153A-185 Authority to make special assessments
A county may make special assessments against benefited property within the county for all or part of the costs of: (1) Constructing, reconstructing, extending, or...
- § 153A-186 Bases for making assessments
(a) For water or sewer projects, assessments may be made on the basis of: (1) The frontage abutting on the project, at an equal rate...
- § 153A-187 Corner lot exemptions
The board of commissioners may establish schedules of exemptions from assessments for water or sewer projects for corner lots when water or sewer lines are...
- § 153A-188 Lands exempt from assessment
Except as provided in this Article, no land within a county is exempt from special assessments except land belonging to the United States that is...
- § 153A-189 State participation in improvement projects
If a county proposes to undertake a project that would benefit land owned by the State of North Carolina or a board, agency, commission, or...
- § 153A-190 Preliminary resolution; contents
Whenever the board of commissioners decides to finance all or part of a proposed project by special assessments, it shall first adopt a preliminary assessment...
- § 153A-191 Notice of preliminary resolution
At least 10 days before the date set for the public hearing, the board of commissioners shall publish a notice that a preliminary assessment resolution...
- § 153A-192 Hearing on preliminary resolution; assessment resolution
At the public hearing, the board of commissioners shall hear all interested persons who appear with respect to any matter covered by the preliminary assessment...
- § 153A-193 Determination of costs
When a project is complete, the board of commissioners shall determine the project's total cost. In determining total cost, the board may include construction costs,...
- § 153A-193.1 Discounts authorized
The board of commissioners is authorized to establish a schedule of discounts to be applied to assessments paid before the expiration of 30 days from...
- § 153A-194 Preliminary assessment roll; publication
When the total cost of a project has been determined, the board of commissioners shall cause a preliminary assessment roll to be prepared. The roll...
- § 153A-195 Hearing on preliminary assessment roll; revision; confirmation; lien
At the public hearing the board of commissioners shall hear all interested persons who appear with respect to the preliminary assessment roll. At or after...
- § 153A-196 Publication of notice of confirmation of assessment roll
No earlier than 20 days from the date the assessment roll is confirmed, the county tax collector shall publish once a notice that the roll...
- § 153A-197 Appeal to the General Court of Justice
If the owner of, or any person having an interest in, a lot, parcel, or tract of land against which an assessment is made is...
- § 153A-198 Reassessment
When in its judgment an irregularity, omission, error, or lack of jurisdiction has occurred in any proceeding related to a special assessment made by it,...
- § 153A-199 Payment of assessments in full or by installments
Within 30 days after the day that notice of confirmation of the assessment roll is published, each owner of assessed property shall pay his assessment...
- § 153A-200 Enforcement of assessments; interest; foreclosure; limitations
(a) Any portion of an assessment that is not paid within 30 days after the day that notice of confirmation of the assessment roll is...
- § 153A-201 Authority to hold assessments in abeyance
The assessment resolution may provide that assessments made pursuant to this Article shall be held in abeyance without interest for any benefited property assessed. Water...
- § 153A-202 Assessments on property held by tenancy for life or years; contribution
(a) Assessments upon real property in the possession or enjoyment of a tenant for life or a tenant for a term of years shall be...
- § 153A-203 Lien in favor of a cotenant or joint owner paying special assessments
Any one of several tenants in common or joint tenants (other than copartners) may pay the whole or any part of a special assessment made...
- § 153A-204 Apportionment of assessments
If a special assessment has been made against property that has been or is about to be subdivided, the board of commissioners may, with the...
- § 153A-204.1 Maintenance assessments
(a) In order to pay for the costs of maintaining and operating a project, the board of commissioners may annually or at less frequent intervals...
- § 153A-205 Improvements to subdivision and residential streets
(a) A county may finance the local share of the cost of improvements made under the supervision of the Department of Transportation to subdivision and...
- § 153A-206 Street light assessments
(a) Authorization. A county may annually levy special assessments against benefited property in a residential subdivision within the county and not within a city for...
- § 153A-207 through 153A-210 Reserved for future codification purposes
Article 10 - Law Enforcement and Confinement Facilities.
- § 153A-211 Training and development programs for law enforcement
A county may plan and execute training and development programs for law‑enforcement agencies, and for that purpose may: (1) Contract with other counties, cities, and...
- § 153A-212 Cooperation in law-enforcement matters
A county may cooperate with the State and other local governments in law‑enforcement matters, as permitted by G.S. 160A‑283 (joint auxiliary police), by G.S. 160A‑288...
- § 153A-212.1 Resources to protect the public
Subject to the requirements of G.S. 7A‑41, 7A‑44.1, 7A‑64, 7A‑102, 7A‑133, and 7A‑498.7, a county may appropriate funds under contract with the State for the...
- § 153A-212.2 Neighborhood crime watch programs
A county may establish neighborhood crime watch programs within the county to encourage residents and business owners to promote citizen involvement in securing homes, businesses,...
- § 153A-213 Reserved for future codification purposes
- § 153A-214 Reserved for future codification purposes
- § 153A-215 Reserved for future codification purposes
- § 153A-216 Legislative policy
The policy of the General Assembly with respect to local confinement facilities is: (1) Local confinement facilities should provide secure custody of persons confined therein...
- § 153A-217 Definitions
Unless otherwise clearly required by the context, the words and phrases defined in this section have the meanings indicated when used in this Part: (1)...
- § 153A-218 County confinement facilities
A county may establish, acquire, erect, repair, maintain, and operate local confinement facilities and may for these purposes appropriate funds not otherwise limited as to...
- § 153A-219 District confinement facilities
(a) Two or more units of local government may enter into and carry out an agreement to establish, finance, and operate a district confinement facility....
- § 153A-220 Jail and detention services
The Commission has policy responsibility for providing and coordinating State services to local government with respect to local confinement facilities. The Department shall: (1) Consult...
- § 153A-221 Minimum standards
(a) The Secretary shall develop and publish minimum standards for the operation of local confinement facilities and may from time to time develop and publish...
- § 153A-221.1 Standards and inspections
The legal responsibility of the Secretary of Health and Human Services and the Social Services Commission for State services to county juvenile detention homes under...
- § 153A-222 Inspections of local confinement facilities
Department personnel shall visit and inspect each local confinement facility at least semiannually. The purpose of the inspections is to investigate the conditions of confinement,...
- § 153A-223 Enforcement of minimum standards
If an inspection conducted pursuant to G.S. 153A‑222 discloses that the jailers and supervisory and administrative personnel of a local confinement facility do not meet...
- § 153A-224 Supervision of local confinement facilities
(a) No person may be confined in a local confinement facility unless custodial personnel are present and available to provide continuous supervision in order that...
- § 153A-225 Medical care of prisoners
(a) Each unit that operates a local confinement facility shall develop a plan for providing medical care for prisoners in the facility. The plan (1)...
- § 153A-225.1 Duty of custodial personnel when prisoners are unconscious or semiconscious
(a) Whenever a custodial officer of a local confinement facility takes custody of a prisoner who is unconscious, semiconscious, or otherwise apparently suffering from some...
- § 153A-226 Sanitation and food
(a) The Commission for Public Health shall adopt rules governing the sanitation of local confinement facilities, including the kitchens and other places where food is...
- § 153A-227 Repealed by Session Laws 1983, c. 745, s. 9
- § 153A-228 Separation of sexes
Male and female prisoners shall be confined in separate facilities or in separate quarters in local confinement facilities. (1967, c. 581, s. 2; 1973, c....
- § 153A-229 Jailers' report of jailed defendants
The person having administrative control of a local confinement facility must furnish to the clerk of superior court a report listing such information reasonably at...
- § 153A-230 Legislative policy
The policy of the General Assembly with respect to satellite jail/work release units is: (1) To encourage counties to accept responsibility for incarcerated misdemeanants thereby...
- § 153A-230.1 Definitions
Unless otherwise clearly required by the context, the words and phrases defined in this section have the meanings indicated when used in this Part: (1)...
- § 153A-230.2 Creation of Satellite Jail/Work Release Unit Fund
(a) There is created in the Office of State Budget and Management the County Satellite Jail/Work Release Unit Fund to provide State grant funds for...
- § 153A-230.3 Basic requirements for satellite jail/work release units
(a) Eligibility for Unit. The following rules shall govern which misdemeanants are housed in a satellite jail/work release unit: (1) Any convicted misdemeanant who: a....
- § 153A-230.4 Standards
The county satellite jail/work release units for misdemeanants shall not be subject to the standards promulgated for local confinement facilities pursuant to G.S. 153A‑221. The...
- § 153A-230.5 Satellite jails/work release units built with non-State funds
(a) If a county is operating a satellite jail/work release unit prior to the enactment of this act, the county may apply to the Office...
- § G.S 153A-231 through 153A-232. Reserved for future codification purposes
Article 11 - Fire Protection.
Article 12 - Roads and Bridges.
- § 153A-238 Public road defined for counties
(a) In this Article "public road" or "road" means any road, street, highway, thoroughfare, or other way of passage that has been irrevocably dedicated to...
- § 153A-239 Repealed by Session Laws 1993, c. 62, s. 2
- § 153A-239.1 Naming roads and assigning street numbers in unincorporated areas for counties
(a) A county may by ordinance name or rename any road within the county and not within a city, and may pursuant to a procedure...
- § 153A-240 Repealed by Session Laws 1993, c. 62, s. 4
- § 153A-241 Closing public roads or easements
A county may permanently close any public road or any easement within the county and not within a city, except public roads or easements for...
- § 153A-242 Regulation or prohibition of fishing from bridges
A county may by ordinance regulate or prohibit fishing from any bridge within the county and not within a city. In addition, the governing board...
- § 153A-243 Authorizing bridges over navigable waters
A county may grant to persons who between them own or occupy real property on both sides of a body of navigable water lying wholly...
- § 153A-244 Railroad revitalization programs
Any county is authorized to participate in State and federal railroad revitalization programs necessary to insure continued or improved rail service to the county, as...
- § 153A-245 through 153A-246 Reserved for future codification purposes
Article 13 - Health and Social Services.
- § 153A-247 Provision for public health and mental health
A county may provide for and regulate the public health pursuant to Chapter 130A of the General Statutes and any other law authorizing local public...
- § 153A-248 Health-related appropriations
(a) A county may appropriate revenues not otherwise limited as to use by law: (1) To a licensed facility for the mentally retarded, whether publicly...
- § 153A-249 Hospital services
A county may provide and support hospital services pursuant to Chapters 122C, 131 and 131E of the General Statutes. (1868, c. 20, s. 8; Code,...
- § 153A-250 Ambulance services
(a) A county may by ordinance franchise ambulance services provided in the county to the public at large, whether the service is based inside or...
- § 153A-251 through 153A-254 Reserved for future codification purposes
- § 153A-255 Authority to provide social service programs
Each county shall provide social service programs pursuant to Chapter 108A and Chapter 111 and may otherwise undertake, sponsor, organize, engage in, and support other...
- § 153A-256 County home
A county may establish, erect, acquire, lease as lessor or lessee, equip, support, operate, and maintain a county home for aged and infirm persons and...
- § 153A-257 Legal residence for social service purposes
(a) Legal residence in a county determines which county is responsible (i) for financial support of a needy person who meets the eligibility requirements for...
- § 153A-258 Reserved for future codification purposes
- § 153A-259 Counties authorized to contract with other entities for health and social services
A county is authorized to contract with any governmental agency, person, association, or corporation for the provision of health or social services provided that the...
- § 153A-260 Reserved for future codification purposes
Article 14 - Libraries.
- § 153A-261 Declaration of State policy
The General Assembly recognizes that the availability of adequate, modern library services and facilities is in the general interest of the people of North Carolina...
- § 153A-262 Library materials defined
For purposes of this Article, the phrase "library materials" includes, without limitation, books, plates, pictures, engravings, maps, magazines, pamphlets, newspapers, manuscripts, films, transparencies, microforms, recordings,...
- § 153A-263 Public library systems authorized
A county or city may: (1) Establish, operate, and support public library systems; (2) Set apart lands and buildings for a public library system; (3)...
- § 153A-264 Free library services
If a county or city, pursuant to this Article, operates or makes contributions to the support of a library, any resident of the county or...
- § 153A-265 Library board of trustees
The governing body of a county or city may appoint a library board of trustees. The governing body shall determine the number of members of...
- § 153A-266 Powers and duties of trustees
If a board of trustees is appointed, it shall elect a chairman and may elect other officers. The governing body may delegate to the board...
- § 153A-267 Qualifications of chief librarian; library employees
(a) To be eligible for appointment and service as chief administrative officer of a library system (whether designated chief librarian, director of library services, or...
- § 153A-268 Financing library systems
A county or city may appropriate for library purposes any funds not otherwise limited as to use by law. (1973, c. 822, s. 1.)
- § 153A-269 Title to library property
The title to all property acquired by a county or city for library purposes shall be in the name of the county or city. If...
- § 153A-270 Joint libraries; contracts for library services
Two or more counties or cities or counties and cities may establish a joint library system or contract for library services, according to the procedures...
- § 153A-271 Library systems operated under local acts brought under this Article
If a county or city operates a library system pursuant to a local act, the governing body of the county or city may by ordinance...
- § 153A-272 Designation of library employees to register voters
The governing body of each public library with four or more employees shall designate at least one employee of the library to be appointed by...
- § 153A-273 Reserved for future codification purposes
Article 15 - Public Enterprises.
- § 153A-274 Public enterprise defined
As used in this Article, "public enterprise" includes: (1) Water supply and distribution systems. (2) Wastewater collection, treatment, and disposal systems of all types, including...
- § 153A-275 Authority to operate public enterprises
(a) A county may acquire, lease as lessor or lessee, construct, establish, enlarge, improve, extend, maintain, own, operate, and contract for the operation of public...
- § 153A-276 Financing public enterprises
Subject to the restrictions, limitations, procedures, and regulations otherwise provided by law, a county may finance the cost of a public enterprise by levying taxes,...
- § 153A-277 Authority to fix and enforce rates
(a) A county may establish and revise from time to time schedules of rents, rates, fees, charges, and penalties for the use of or the...
- § 153A-278 Joint provision of enterprisory services
Two or more counties, cities, or other units of local government may cooperate in the exercise of any power granted by this Article according to...
- § 153A-279 Limitations on rail transportation liability
(a) As used in this section: (1) "Claim" means a claim, action, suit, or request for damages, whether compensatory, punitive, or otherwise, made by any...
- § 153A-280 Public enterprise improvements
(a) Authorization. A county may contract with a developer or property owner, or with a private party who is under contract with the developer or...
- § 153A-281 Reserved for future codification purposes
- § 153A-282 Reserved for future codification purposes
- § 153A-283 Nonliability for failure to furnish water or sewer services
In no case may a county be held liable for damages for failure to furnish water or sewer services. (1961, c. 1001, s. 1; 1973,...
- § 153A-284 Power to require connections
A county may require the owner of developed property on which there are situated one or more residential dwelling units or commercial establishments located so...
- § 153A-285 Repealed by Session Laws 1993, c. 348, s. 4
- § 153A-286 Law with respect to riparian rights not changed
Nothing in this Article changes or modifies existing common or statute law with respect to the relative rights of riparian owners or others concerning the...
- § 153A-287 Repealed by Session Laws 1993, c. 348, s. 5
- § 153A-288 Venue for actions by riparian owners
Any riparian owner alleging injury as a result of an act taken pursuant to this Article by a county or city acting jointly or by...
- § 153A-289 Reserved for future codification purposes
- § 153A-290 Reserved for future codification purposes
- § 153A-291 Cooperation between the Department of Transportation and any county in establishing or operating solid waste disposal facilities
A county and the Department of Transportation may enter into an agreement under which the Department of Transportation will make available to the county the...
- § 153A-292 County collection and disposal facilities
(a) The board of county commissioners of any county may establish and operate solid waste collection and disposal facilities in areas outside the corporate limits...
- § 153A-293 (See editor's note) Collection of fees for solid waste disposal facilities and solid waste collection services
A county may adopt an ordinance providing that any fee imposed under G.S. 153A‑292 may be billed with property taxes, may be payable in the...
- § 153A-294 Solid waste defined
As used in this Article, "solid waste" means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A‑290 but not including hazardous waste....
- § G.S 153A-295 through 153A-299. Reserved for future codification purposes
- § 153A-299.1 through 153A-299.6 Repealed by Session Laws 1991 (Regular Session, 1992), c. 1013, 5
Article 16 - County Service Districts; County Research and Production Service Districts; County Economic Development and Training Districts.
- § 153A-300 Title; effective date
This Article may be cited as "The County Service District Act of 1973," and is enacted pursuant to Article V, Sec. 2(4) of the Constitution...
- § 153A-301 Purposes for which districts may be established
(a) The board of commissioners of any county may define any number of service districts in order to finance, provide, or maintain for the districts...
- § 153A-302 Definition of service districts
(a) Standards. In determining whether to establish a proposed service district, the board of commissioners shall consider all of the following: (1) The resident or...
- § 153A-303 Extension of service districts
(a) Standards. The board of commissioners may by resolution annex territory to any service district upon finding that: (1) The area to be annexed is...
- § 153A-304 Consolidation of service districts
(a) The board of commissioners may by resolution consolidate two or more service districts upon finding that: (1) The districts are contiguous or are in...
- § 153A-304.1 Reduction in district after annexation
(a) When the whole or any portion of a county service district organized for fire protection purposes under G.S. 153A‑301(2) has been annexed by a...
- § 153A-304.2 Reduction in district after annexation to Chapter 69 fire district
(a) When the whole or any portion of a county service district organized for fire protection purposes under G.S. 153A‑301(2) has been annexed into a...
- § 153A-304.3 Changes in adjoining service districts
(a) Changes. The board of county commissioners may by resolution relocate the boundary lines between adjoining county service districts if the districts were established for...
- § 153A-305 Required provision or maintenance of services
(a) New District. When a county defines a new service district, it shall provide, maintain, or let contracts for the services for which the residents...
- § 153A-306 Abolition of service districts
Upon finding that there is no longer a need for a particular service district and that there are no outstanding bonds or notes issued to...
- § 153A-307 Taxes authorized; rate limitation
A county may levy property taxes within defined service districts in addition to those levied throughout the county, in order to finance, provide or maintain...
- § 153A-308 Bonds authorized
A county may issue its general obligation bonds under the Local Government Bond Act to finance services, facilities, or functions provided within a service district....
- § 153A-309 EMS services in fire protection districts
(a) If a service district is established under this Article for fire protection purposes under G.S. 153A‑301(2), (including a district established with a rate limitation...
- § 153A-309.1 Reserved for future codification purposes
- § 153A-309.2 Rate limitation in certain districts - Alternative procedure for fire protection service districts
(a) In connection with the establishment of a service district for fire protection as provided by G.S. 153A‑301(2) [G.S. 153A‑301(a)(2)], if the board of commissioners...
- § 153A-309.3 Rate limitation in certain districts - Fire protection service districts for industrial property
(a) Any area in a service district for fire protection established pursuant to G.S. 153A‑301(a)(2) may be removed from that district by resolution of the county...
- § 153A-310 Rate limitation in certain districts - Alternative procedure for ambulance and rescue districts
(a) In connection with the establishment of a service district for ambulance and rescue as provided by G.S. 153A‑301(7) [G.S. 153A‑301(a)(7)], if the board of...
- § 153A-311 Purposes for which districts may be established
The board of commissioners of any county may define a county research and production service district in order to finance, provide, and maintain for the...
- § 153A-312 Definition of research and production service district
(a) Standards. The board of commissioners may by resolution establish a research and production service district for any area of the county that, at the...
- § 153A-313 Advisory committee
The board or boards of commissioners, in the resolution establishing a research and production service district, shall also provide for an advisory committee for the...
- § 153A-314 Extension of service districts
(a) Standards. A board of commissioners may by resolution annex territory to a research and production service district upon finding that: (1) The conditions, covenants,...
- § 153A-314.1 Removal of territory from service districts
(a) Standards. A board of commissioners may by resolution remove territory from a research and production service district upon finding that: (1) The owners of...
- § 153A-315 Required provision or maintenance of services
(a) New District. When a county or counties define a research and production service district, it or they shall provide, maintain, or let contracts for...
- § 153A-316 Abolition of service districts
A board or boards of county commissioners may by resolution abolish a research and production service district upon finding that (i) a petition requesting abolition,...
- § 153A-317 Taxes authorized; rate limitation
A county may levy property taxes within a research and production service district in addition to those levied throughout the county, in order to finance,...
- § 153A-317.1 through 153A-317.10 Reserved for future codification purposes
- § 153A-317.11 Purpose and nature of districts
The board of commissioners of any county may define a county economic development and training district, as provided in this Part, to finance, provide, and...
- § 153A-317.12 Definition of economic development and training district
(a) Standards. The board of commissioners may by resolution establish an economic development and training district for an area or areas of the county that,...
- § 153A-317.13 Advisory committee
(a) Creation. The board of commissioners, in the resolution establishing an economic development and training district, shall also provide for an advisory committee for the...
- § 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,...
- § 153A-317.15 Required provision or maintenance of skills training center
(a) New District. When a county creates a district, it shall provide, maintain, or let contracts for the skills training center for which the district...
- § 153A-317.16 Abolition of economic development and training districts
A board of county commissioners may by resolution abolish a district upon finding that a petition requesting abolition, signed by at least fifty percent (50%)...
- § 153A-317.17 Taxes authorized; rate limitation
A county may levy property taxes within an economic development and training district, in addition to those levied throughout the county, for the purposes listed...
Article 17 - Reserved for Future Codification Purposes.
Article 18 - Planning and Regulation of Development.
- § 153A-320 Territorial jurisdiction
Each of the powers granted to counties by this Article, by Chapter 157A, and by Chapter 160A, Article 19 may be exercised throughout the county...
- § 153A-321 Planning boards
A county may by ordinance create or designate one or more boards or commissions to perform the following duties: (1) Make studies of the county...
- § 153A-322 Supplemental powers
(a) A county or its designated planning board may accept, receive, and disburse in furtherance of its functions funds, grants, and services made available by...
- § 153A-323 Procedure for adopting, amending, or repealing ordinances under this Article and Chapter 160A, Article 19
(a) Before adopting, amending, or repealing any ordinance authorized by this Article or Chapter 160A, Article 19, the board of commissioners shall hold a public...
- § 153A-324 Enforcement of ordinances
(a) In addition to the enforcement provisions of this Article and subject to the provisions of the ordinance, any ordinance adopted pursuant to this Article,...
- § 153A-325 Submission of statement concerning improvements
A county may by ordinance require that when a property owner improves property at a cost of more than twenty‑five hundred dollars ($2,500) but less...
- § 153A-326 Building setback lines
Counties shall have the same authority to regulate building setback lines as is provided for cities in G.S. 160A‑306. (1987, c. 747, s. 15.)
- § 153A-327 Reserved for future codification purposes
- § 153A-328 Reserved for future codification purposes
- § 153A-329 Reserved for future codification purposes
- § 153A-330 Subdivision regulation
A county may by ordinance regulate the subdivision of land within its territorial jurisdiction. If a county, pursuant to G.S. 153A‑342, has adopted a zoning...
- § 153A-331 Contents and requirements of ordinance
(a) A subdivision control ordinance may provide for the orderly growth and development of the county; for the coordination of transportation networks and utilities within...
- § 153A-332 Ordinance to contain procedure for plat approval; approval prerequisite to plat recordation; statement by owner
A subdivision ordinance adopted pursuant to this Part shall contain provisions setting forth the procedures to be followed in granting or denying approval of a...
- § 153A-333 Effect of plat approval on dedications
The approval of a plat does not constitute or effect the acceptance by the county or the public of the dedication of any street or...
- § 153A-334 Penalties for transferring lots in unapproved subdivisions
(a) If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of a county...
- § 153A-335 "Subdivision" defined
(a) For purposes of this Part, "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or...
- § 153A-336 through 153A-339 Reserved for future codification purposes
- § 153A-340 Grant of power
(a) For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt zoning and development regulation ordinances. These ordinances may...
- § 153A-341 Purposes in view
Zoning regulations shall be made in accordance with a comprehensive plan. Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a...
- § 153A-341.1 Zoning regulations for manufactured homes
The provisions of G.S. 160A‑383.1 shall apply to counties. (1987, c. 805, s. 2.)
- § 153A-341.2 Reasonable accommodation of amateur radio antennas
A county ordinance based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of amateur...
- § 153A-342 Districts; zoning less than entire jurisdiction
(a) A county may divide its territorial jurisdiction into districts of any number, shape, and area that it may consider best suited to carry out...
- § 153A-343 Method of procedure
(a) The board of commissioners shall, in accordance with the provisions of this Article, provide for the manner in which zoning regulations and restrictions and...
- § 153A-344 Planning board; zoning plan; certification to board of commissioners
(a) To initially exercise the powers conferred by this Part, a county shall create or designate a planning board under the provisions of this Article...
- § 153A-344.1 Vesting rights
(a) The General Assembly finds and declares that it is necessary and desirable, as a matter of public policy, to provide for the establishment of...
- § 153A-345 Board of adjustment
(a) The board of commissioners may provide for the appointment and compensation, if any, of a board of adjustment consisting of at least five members,...
- § 153A-346 Conflict with other laws
When regulations made under authority of this Part require a greater width or size of yards or courts, or require a lower height of a...
- § 153A-347 Part applicable to buildings constructed by the State and its subdivisions; exception
Each provision of this Part is applicable to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions....
- § 153A-348 Statute of limitations
A cause of action as to the validity of any zoning ordinance, or amendment thereto, adopted under this Part or other applicable law shall accrue...
- § 153A-349 Reserved for future codification purposes
- § 153A-349.1 Authorization for development agreements
(a) The General Assembly finds: (1) Large‑scale development projects often occur in multiple phases extending over a period of years, requiring a long‑term commitment of...
- § 153A-349.2 Definitions
The following definitions apply in this Part: (1) Comprehensive plan. The comprehensive plan, land‑use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan,...
- § 153A-349.3 Local governments authorized to enter into development agreements; approval of governing body required
A local government may establish procedures and requirements, as provided in this Part, to consider and enter into development agreements with developers. A development agreement...
- § 153A-349.4 Developed property must contain certain number of acres; permissible durations of agreements
A local government may enter into a development agreement with a developer for the development of property as provided in this Part, provided the property...
- § 153A-349.5 Public hearing
Before entering into a development agreement, a local government shall conduct a public hearing on the proposed agreement following the procedures set forth in G.S....
- § 153A-349.6 What development agreement must provide; what it may provide; major modification requires public notice and hearing
(a) A development agreement shall at a minimum include all of the following: (1) A legal description of the property subject to the agreement and...
- § 153A-349.7 Law in effect at time of agreement governs development; exceptions
(a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a...
- § 153A-349.8 Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement
(a) Procedures established pursuant to G.S. 153A‑349.3 must include a provision for requiring periodic review by the zoning administrator or other appropriate officer of the...
- § 153A-349.9 Amendment or cancellation of development agreement by mutual consent of parties or successors in interest
A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. (2005‑426, s.
- § 153A-349.10 Validity and duration of agreement entered into prior to change of jurisdiction; subsequent modification or suspension
(a) Except as otherwise provided by this Part, any development agreement entered into by a local government before the effective date of a change of...
- § 153A-349.11 Developer to record agreement within 14 days; burdens and benefits inure to successors in interest
Within 14 days after a local government enters into a development agreement, the developer shall record the agreement with the register of deeds in the...
- § 153A-349.12 Applicability to local government of constitutional and statutory procedures for approval of debt
In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the...
- § 153A-349.13 Relationship of agreement to building or housing code
A development agreement adopted pursuant to this Chapter shall not exempt the property owner or developer from compliance with the State Building Code or State...
- § 153A-349.50 Purpose and compliance with federal law
(a) Purpose. The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications...
- § 153A-349.51 Definitions
The following definitions apply in this Part: (1) Antenna. Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types...
- § 153A-349.52 Construction of wireless facilities and wireless support structures
(a) A county may plan for and regulate the siting or modification of wireless support structures and wireless facilities in accordance with land development regulations...
- § 153A-349.53 Collocation of wireless facilities
(a) Applications for collocation entitled to streamlined processing under this section shall be reviewed for conformance with applicable site plan and building permit requirements but...
- § 153A-350 "Building" defined
As used in this Part, the words "building" or "buildings" include other structures. (1973, c. 822, s. 1.)
- § 153A-350.1 Tribal lands
As used in this Part, the term: (1) "Board of commissioners" includes the Tribal Council of such tribe. (2) "County" or "counties" also means a...
- § 153A-351 Inspection department; certification of electrical inspectors
(a) A county may create an inspection department, consisting of one or more inspectors who may be given the titles of building inspector, electrical inspector,...
- § 153A-351.1 Qualifications of inspectors
On and after the applicable date set forth in the schedule in G.S. 153A‑351, no county shall employ an inspector to enforce the State Building...
- § 153A-352 Duties and responsibilities
The duties and responsibilities of an inspection department and of the inspectors in it are to enforce within the county's territorial jurisdiction State and local...
- § 153A-353 Joint inspection department; other arrangements
A county may enter into and carry out contracts with one or more other counties or cities under which the parties agree to create and...
- § 153A-354 Financial support
A county may appropriate any available funds for the support of its inspection department. It may provide for paying inspectors fixed salaries, or it may...
- § 153A-355 Conflicts of interest
Unless he or she is the owner of the building, no member of an inspection department shall be financially interested or employed by a business...
- § 153A-356 Failure to perform duties
If a member of an inspection department willfully fails to perform the duties required of him by law, or willfully improperly issues a permit, or...
- § 153A-357 Permits
(a) No person may commence or proceed with: (1) The construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building; (2)...
- § 153A-358 Time limitations on validity of permits
A permit issued pursuant to G.S. 153A‑357 expires six months, or any lesser time fixed by ordinance of the county, after the date of issuance...
- § 153A-359 Changes in work
After a permit has been issued, no change or deviation from the terms of the application, the plans and specifications, or the permit, except if...
- § 153A-360 Inspections of work in progress
As the work pursuant to a permit progresses, local inspectors shall make as many inspections of the work as may be necessary to satisfy them...
- § 153A-361 Stop orders
Whenever a building or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, or in substantial violation of a State...
- § 153A-362 Revocation of permits
The appropriate inspector may revoke and require the return of any permit by giving written notice to the permit holder, stating the reason for the...
- § 153A-363 Certificates of compliance
At the conclusion of all work done under a permit, the appropriate inspector shall make a final inspection. If he finds that the completed work...
- § 153A-364 Periodic inspections for hazardous or unlawful conditions
The inspection department shall make periodic inspections, subject to the board of commissioners' directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings...
- § 153A-365 Defects in buildings to be corrected
If a local inspector finds any defect in a building, or finds that the building has not been constructed in accordance with the applicable State...
- § 153A-366 Unsafe buildings condemned
The inspector shall condemn as unsafe each building that appears to him to be especially dangerous to life because of its liability to fire, bad...
- § 153A-367 Removing notice from condemned building
If a person removes a notice that has been affixed to a building by a local inspector and that states the dangerous character of the...
- § 153A-368 Action in event of failure to take corrective action
If the owner of a building that has been condemned as unsafe pursuant to G.S. 153A‑366 fails to take prompt corrective action, the local inspector...
- § 153A-369 Order to take corrective action
If, upon a hearing held pursuant to G.S. 153A‑368, the inspector finds that the building is in a condition that constitutes a fire or safety...
- § 153A-370 Appeal; finality of order not appealed
An owner who has received an order under G.S. 153A‑369 may appeal from the order to the board of commissioners by giving written notice of...
- § 153A-371 Failure to comply with order
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A‑369 from which no appeal has been taken, or...
- § 153A-372 Equitable enforcement
Whenever a violation is denominated a misdemeanor under the provisions of this Part, the county, either in addition to or in lieu of other remedies,...
- § 153A-372.1 Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer
The provisions of G.S. 160A‑439 shall apply to counties. (2007‑414, s. 2.)
- § 153A-373 Records and reports
The inspection department shall keep complete, and accurate records in convenient form of each application received, each permit issued, each inspection and reinspection made, and...
- § 153A-374 Appeals
Unless otherwise provided by law, any appeal from an order, decision, or determination of a member of a local inspection department pertaining to the State...
- § 153A-375 Establishment of fire limits
A county may by ordinance establish and define fire limits in any area within the county and not within a city. The limits may include...
- § 153A-376 Community development programs and activities
(a) Any county is authorized to engage in, to accept federal and State grants and loans for, and to appropriate and expend funds for community...
- § 153A-377 Acquisition and disposition of property for redevelopment
In addition to the powers granted by G.S. 153A‑376, any county is authorized, either as a part of a community development program or independently thereof,...
- § 153A-378 Low- and moderate-income housing programs
In addition to the powers granted by G.S. 153A‑376 and G.S. 153A‑377, any county is authorized to exercise the following powers: (1) To engage in...
- § G.S 153A-379 through 153A-390. Reserved for future codification purposes
Article 19 - Regional Planning Commissions.
- § 153A-391 Creation; admission of new members
Two or more counties, cities, or counties and cities may create a regional planning commission by adopting identical concurrent resolutions to that effect in accordance...
- § 153A-392 Contents of resolution
The resolutions creating a regional planning commission shall: (1) Specify the name of the commission; (2) Establish the number of delegates to represent each member...
- § 153A-393 Withdrawal from commission
A member government may withdraw from a regional planning commission by giving at least two years' written notice to the other counties and cities involved....
- § 153A-394 Organization of the commission
Upon its creation, a regional planning commission shall meet at a time and place agreed upon by the counties and cities involved. It shall organize...
- § 153A-395 Powers and duties
A regional planning commission may: (1) Apply for, accept, receive, and disburse funds, grants, and services made available to it by the State of North...
- § 153A-396 Fiscal affairs
Each county and city having membership in a regional planning commission may appropriate to the commission revenues not otherwise limited as to use by law....
- § 153A-397 Reports
Each regional planning commission shall prepare and distribute to its member governments and make available to the public an annual report of its activities, including...
- § 153A-398 Regional planning and economic development commissions
Two or more counties, cities, or counties and cities may create a regional planning and economic development commission by adopting identical concurrent resolutions to that...
- § 153A-399 through 153A-400 Reserved for future codification purposes
Article 20 - Consolidation and Governmental Study Commissions.
- § 153A-401 Establishment; support
(a) Two or more counties or cities or counties and cities may by concurrent resolutions of their governing bodies establish a charter or governmental study...
- § 153A-402 Purposes of a commission
A commission established pursuant to this Article may be charged with any of the following purposes: (1) To study the powers, duties, functions, responsibilities, and...
- § 153A-403 Content of concurrent resolutions
The concurrent resolutions establishing a commission shall: (1) Set forth the purposes that are to be vested in the commission pursuant to G.S. 153A‑402; (2)...
- § 153A-404 Powers of a commission
A commission established pursuant to this Article may: (1) Adopt rules and regulations for the conduct of its business; (2) Apply for, accept, receive, and...
- § 153A-405 Referendum; General Assembly action
(a) If authorized to do so by the concurrent resolutions that established it, a commission may call a referendum on its proposed plan of governmental...
Article 21 - Reserved.
Article 22 - Regional Solid Waste Management Authorities.
- § 153A-421 Definitions; applicability; creation of authorities
(a) Unless a different meaning is required by the context, terms relating to the management of solid waste used in this Article have the same...
- § 153A-422 Purposes of an authority
The purpose of a regional solid waste management authority is to provide environmentally sound, cost effective management of solid waste, including storage, collection, transporting, separation,...
- § 153A-423 Membership; board; delegates
(a) Each unit of local government initially adopting a resolution under G.S. 153A‑421 shall become a member of the regional solid waste management authority. Thereafter,...
- § 153A-424 Contents of charter
(a) The charter of a regional solid waste management authority shall: (1) Specify the name of the authority; (2) Establish the powers, duties and functions...
- § 153A-425 Organization of authorities
The governing board of a regional solid waste management authority shall hold an initial organizational meeting at such time and place as is agreed upon...
- § 153A-426 Withdrawal from an authority
If the authority has no outstanding indebtedness, any member may withdraw from a regional solid waste management authority effective at the end of the current...
- § 153A-427 Powers of an authority
(a) The charter may confer on the regional solid waste management authority any or all of the following powers: (1) To apply for, accept, receive,...
- § 153A-428 Fiscal accountability; support from other governments
(a) A regional solid waste management authority is a public authority subject to the provisions of Chapter 159 of the General Statutes. (b) The establishment...
- § 153A-429 Long-term contract permitted by and with an authority
(a) To the extent authorized by its charter, an authority may enter into long‑term and continuing contracts, not to exceed a term of 60 years,...
- § 153A-430 Compliance with other law
(a) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1004, s. 47, effective July 20, 1990. (b) An authority created pursuant to this Article...
- § 153A-431 Issuance of revenue bonds and notes
The State and Local Government Revenue Bond Act, Article 5 of Chapter 159 of the General Statutes, governs the issuance of revenue bonds by an...
- § 153A-432 Advances
Any member or other units of local government may make advances from any monies that may be available for such purpose, in connection with the...
- § 153A-433 through 153A-434 Reserved for future codification purposes
Article 23 - Miscellaneous Provisions.
- § 153A-435 Liability insurance; damage suits against a county involving governmental functions
(a) A county may contract to insure itself and any of its officers, agents, or employees against liability for wrongful death or negligent or intentional...
- § 153A-436 Photographic reproduction of county records
(a) A county may provide for the reproduction, by photocopy, photograph, microphotograph, or any other method of reproduction that gives legible and permanent copies, of...
- § 153A-437 Assistance to historical organizations
(a) A county or city may appropriate revenues not otherwise limited as to use by law to a local historical or preservation society, museum, or...
- § 153A-438 Beach erosion control and flood and hurricane protection works
A county may appropriate revenues not otherwise limited as to use by law to finance the acquisition, construction, reconstruction, extension, maintenance, improvement, or enlargement of...
- § 153A-439 Support of extension activities; personnel rules for extension employees
(a) A county may support the work of the North Carolina Cooperative Extension Service and for these purposes may appropriate revenues not otherwise limited as...
- § 153A-440 Promotion of soil and water conservation work
A county may cooperate with and support the work of the Federal Soil Conservation Service and the State and local soil and water conservation agencies...
- § 153A-440.1 Watershed improvement programs; drainage and water resources development projects
(a) A county may establish and maintain a county watershed improvement program pursuant to G.S. 139‑41 or 139‑41.1 and for these purposes may appropriate funds...
- § 153A-441 County surveyor
A county may appoint a person registered as a land surveyor pursuant to Chapter 89 as county surveyor. (Const., art. 7, s. 1; Rev., s....
- § 153A-442 Animal shelters
A county may establish, equip, operate, and maintain an animal shelter or may contribute to the support of an animal shelter, and for these purposes...
- § 153A-443 Redesignation of site of "courthouse door," etc
If a county determines that the traditional location of the "courthouse," the "courthouse door," the "courthouse bulletin board" or the "courthouse steps" has become inappropriate...
- § 153A-444 Parks and recreation
A county may establish parks and provide recreational programs pursuant to Chapter 160A, Article 18. (1973, c. 822, s. 1.)
- § 153A-445 Miscellaneous powers found in Chapter 160A
(a) A county may take action under the following provisions of Chapter 160A: (1) Chapter 160A, Article 20, Part 1. Joint Exercise of Powers. (2)...
- § 153A-446 County may offer reward for information as to persons damaging county property
The board of county commissioners is authorized to offer and pay rewards in an amount not exceeding five hundred dollars ($500.00) for information leading to...
- § 153A-447 Certain counties may appropriate funds to Western North Carolina Development Association, Inc
(a) The board of county commissioners of the counties hereafter named are authorized to appropriate funds to the Western North Carolina Development Association, Inc., for...
- § 153A-448 Mountain ridge protection
Counties may enact and enforce mountain ridge protection ordinances pursuant to Article 14 of Chapter 113A of the General Statutes, and in such enactment and...
- § 153A-449 Contracts with private entities
A county may contract with and appropriate money to any person, association, or corporation, in order to carry out any public purpose that the county...
- § 153A-450 Contracts for construction of satellite campuses of community colleges
(a) Boards of county commissioners may enter into contracts for the construction of satellite campuses of community colleges, to be located in their counties. (b)...
- § 153A-451 Reimbursement agreements
(a) A county may enter into reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included...
- § 153A-452 Restriction of certain forestry activities prohibited
(a) The following definitions apply to this section: (1) Development. Any activity, including timber harvesting, that is associated with the conversion of forestland to nonforest...
- § 153A-453 Quarterly reports by Mental Health, Developmental Disabilities, and Substance Abuse Services area authority or county program
Quarterly reports by the area director and finance officer of Mental Health, Developmental Disabilities, and Substance Abuse Services area authorities or county programs shall be...
- § 153A-454 Stormwater control
(a) A county may adopt and enforce a stormwater control ordinance to protect water quality and control water quantity. A county may adopt a stormwater...
- § 153A-455 Reserved for future codification purposes
- § 153A-456 Reserved for future codification purposes
- § 153A-457 Reserved for future codification purposes
- § 153A-458 Reserved for future codification purposes
- § 153A-459 Reserved for future codification purposes
- § 153A-460 Reserved for future codification purposes
- § 153A-461 Reserved for future codification purposes
- § 153A-462 Reserved for future codification purposes
- § 153A-463 Reserved for future codification purposes
- § 153A-464 Reserved for future codification purposes
- § 153A-465 Reserved for future codification purposes
- § 153A-466 Reserved for future codification purposes
- § 153A-467 Reserved for future codification purposes
- § 153A-468 Reserved for future codification purposes
- § 153A-469 Reserved for future codification purposes
- § 153A-470 Reserved for future codification purposes
Article 24 - Unified Government.