Planning ETJ Prohibited.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1009

Short Title: Planning ETJ Prohibited. (Public)
Sponsors: Representative Humphrey.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: State and Local Government, if favorable, Rules, Calendar, and Operations of the
House
April 16, 2025
*H1009-v-1*
A BILL TO BE ENTITLED 1
AN ACT PROVIDING THA T NO CITY IN THE STA TE MAY HAVE OR EXERC ISE 2
PLANNING JURISDICTION OUTSIDE ITS CORPORATE LIMITS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. EXTRATERRITORIAL PLANNING JURISDICTION PROHIBITED 6
SECTION 1. G.S. 160D-201 reads as rewritten: 7
"§ 160D-201. Planning and development regulation jurisdiction. 8
(a) Cities. – All of the powers granted by this Chapter may be exercised by any city within 9
its corporate limits and within any extraterritorial area establ ished pursuant to G.S. 160D-202. 10
limits. 11
… ." 12
SECTION 2. G.S. 160D-202 reads as rewritten: 13
"§ 160D-202. Municipal County authority within city limits; transfer and relinquishment 14
of extraterritorial jurisdiction. 15
(a) Geographic Scope. – Any city may exer cise the powers granted to cities under this 16
Chapter within a defined area extending not more than one mile beyond its contiguous corporate 17
limits. In addition, a city of 10,000 or more population but less than 25,000 may exercise these 18
powers over an area extending not more than two miles beyond its limits and a city of 25,000 or 19
more population may exercise these powers over an area extending not more than three miles 20
beyond its limits. In determining the population of a city for the purposes of this Chapter, the city 21
council and the board of county commissioners may use the most recent annual estimate of 22
population as certified by the Secretary of the North Carolina Department of Administration. 23
Pursuant to G.S. 160A-58.4, extraterritorial municipal planning and development regulation may 24
be extended only from the primary corporate boundary of a city and not from the boundary of 25
satellite areas of the city. 26
(b) Authority in the Extraterritorial Area. – A city may not exercise any power conferred 27
by this Chapter in its extraterritorial jurisdiction that it is not exercising within its corporate limits. 28
A city may exercise in its extraterritorial area all powers conferred by this Chapter that it is 29
exercising within its corporate limits. If a city fails to extend a particular type of development 30
regulation to the extraterritorial area, the county may elect to exercise that particular type of 31
regulation in the extraterritorial area. 32
(c) County Approval of City Jurisdiction. – Notwithstanding subsection (a) of this 33
section, no city may extend its extraterritorial powers into any area for which the county has 34
General Assembly Of North Carolina Session 2025
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adopted and is enforcing county zoning and subdivision regulations. However, the city may do 1
so where the county is not exercising both of these powers, or when the city and the county have 2
agreed upon the area within which each will exercise the powers conferred by this Chapter. No 3
city may extend its extraterritorial powers beyond one mile from its corporate limits without the 4
approval of the board or boards of county commissioners with jurisdiction over the area. 5
(d) Notice of Proposed Jurisdiction Change. – Any municipality proposing to exercise 6
extraterritorial jurisdiction under this Chapter shall notify the owners of all parcels of land 7
proposed for ad dition to the area of extraterritorial jurisdiction, as shown on the county tax 8
records. The notice shall be sent by first -class mail to the last addresses listed for affected 9
property owners in the county tax records. The notice shall inform the landowner of the effect of 10
the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative 11
hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as 12
provided in G.S. 160D-601, and of the right of all residents of the area to apply to the board of 13
county commissioners to serve as a representative on the planning board and the board of 14
adjustment, as provided in G.S. 160D-303. The notice shall be mailed at least 30 days prior to 15
the date of the hearing. The person or persons mailing the notices shall certify to the city council 16
that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the 17
absence of fraud. 18
(e) Boundaries. – Any council exercising extraterritorial jurisdiction under this Chapter 19
shall adopt an ordinance specifying the areas to be included based upon existing or projected 20
urban development and areas of critical concern to the city, as evidenced by officially adopted 21
plans for its devel opment. A single jurisdictional boundary shall be applicable for all powers 22
conferred in this Chapter. Boundaries shall be defined, to the extent feasible, in terms of 23
geographical features identifiable on the ground. Boundaries may follow parcel ownership 24
boundaries. A council may, in its discretion, exclude from its extraterritorial jurisdiction areas 25
lying in another county, areas separated from the city by barriers to urban growth, or areas whose 26
projected development will have minimal impact on the cit y. The boundaries specified in the 27
ordinance shall at all times be drawn on a map, set forth in a written description, or shown by a 28
combination of these techniques. This delineation shall be maintained in the manner provided in 29
G.S. 160A-22 for the delineation of the corporate limits and shall be recorded in the office of the 30
register of deeds of each county in which any portion of the area lies. 31
Where the extraterritorial jurisdiction of two or more cities overlaps, the jurisdictional 32
boundary between the m shall be a line connecting the midway points of the overlapping area 33
unless the city councils agree to another boundary line within the overlapping area based upon 34
existing or projected patterns of development. 35
(f)(a) County Authority Within City Jurisdiction. – The county may, on request of the city 36
council, exercise any or all of these the powers granted in this Chapter in any or all areas lying 37
within the city's corporate limits or within the city's specified area of extraterritorial jurisdiction. 38
limits. 39
(g) (b) Transfer of Jurisdiction. – When a city annexes,annexes an area or a new city is 40
incorporated in, or a city extends its jurisdiction to include, in an area that is currently being 41
regulated by the county, the county development regulations and powers of enforcement shall 42
remain in effect until (i) the city has adopted such development regulations or (ii) a period of 60 43
days has elapsed following the annexation, extension, annexation or incorporation, whichever is 44
sooner. Prior to the transfer of jurisdiction, the city may hold hearings and take any other 45
measures consistent with G.S. 160D-204 that may be required in order to adopt and apply its 46
development regulations for the area at the same time it assumes jurisdiction. 47
(h) (c) Relinquishment of Jurisdiction. – When a city relinquishes jurisdiction over an area 48
that it is regulating under this Chapter to a county, the city development regulations and powers 49
of enforcement shall remain in effect until (i) the county has adopted such development 50
regulation or (ii) a period of 60 days has elapsed following the action by which the city 51
General Assembly Of North Carolina Session 2025
House Bill 1009-First Edition Page 3
relinquished jurisdiction, whichever is sooner. Prior to the transfer of jurisdiction, the county 1
may hold hearings and take other measures consistent with G.S. 160D-204 that may be required 2
in order to adopt and apply its development regulations for the area at the same time it assumes 3
jurisdiction. 4
(i) (d) Process for Loca l Government Approval. – When a local government is granted 5
powers by this section subject to the request, approval, or agreement of another local government, 6
the request, approval, or agreement shall be evidenced by a formally adopted resolution of the 7
governing board of the local government. Any such request, approval, or agreement can be 8
rescinded upon two years' written notice to the other governing boards concerned by repealing 9
the resolution. The resolution may be modified at any time by mutual agreement of the governing 10
boards concerned. 11
(j) Local Acts. – Nothing in this section shall repeal, modify, or amend any local act that 12
defines the boundaries of a city's extraterritorial jurisdiction by metes and bounds or courses and 13
distances. 14
(k) (e) Effect on Vested Rights. – Whenever a city or county, pursuant to this section, 15
acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another 16
local government, any person who has acquired vested rights in the surrendering jurisdiction may 17
exercise those rights as if no change of jurisdiction had occurred. The city or county acquiring 18
jurisdiction may take any action regarding such a development approval, certificate, or other 19
evidence of compliance that could have been t aken by the local government surrendering 20
jurisdiction pursuant to its development regulations. Except as provided in this subsection, any 21
building, structure, or other land use in a territory over which a city or county has acquired 22
jurisdiction is subject to the development regulations of the city or county." 23
SECTION 3. G.S. 160D-307 is repealed. 24
SECTION 4. G.S. 160D-602 reads as rewritten: 25
"§ 160D-602. Notice of hearing on proposed zoning map amendments. 26
(a) Mailed Notice. – Subject to the limitations of this Chapter, an ordinance shall provide 27
for the manner in which zoning regulations and the boundaries of zoning districts are to be 28
determined, established, and enforced, and from time to time amended, supplemented, or 29
changed, in accordance with the provisions of this Chapter. The owners of affected parcels of 30
land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of 31
the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed 32
for such owners on the county tax abstracts. For the purpose of this section, properties are 33
"abutting" even if separated by a street, railroad, or other transportation corridor. This notice must 34
be deposited in the mail at least 10 but not more than 25 days prior to the date of the hearing. If 35
the zoning map amendment is being proposed in conjunction with an expansion of municipal 36
extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single 37
hearing on the zoning map ame ndment and the boundary amendment may be held. In this 38
instance, the initial notice of the zoning map amendment hearing may be combined with the 39
boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the 40
hearing. 41
… ." 42
SECTION 5. G.S. 160D-903 reads as rewritten: 43
"§ 160D-903. Agricultural uses. 44
… 45
(c) Agricultural Areas in Municipal Extraterritorial Jurisdiction. – Property that is located 46
in a city's extraterritorial planning and development regulation jurisdiction and that is used for 47
bona fide farm purposes is exempt from the city's zoning regulation to the same extent bona fide 48
farming activities are exempt from county zoning pursuant to this section. As used in this 49
subsection, "property" means a single tract of property or an identifiable portion of a single tract. 50
Property that ceases to be used for bona fide farm purposes becomes subject to exercise of the 51
General Assembly Of North Carolina Session 2025
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city's extraterritorial planning and development regulation jurisdiction under this Chapter. For 1
purposes of complying with State or federal law, property that is exempt from municipal zoning 2
pursuant to this subsection is subject to the county's floodplain regulation or all floodplain 3
regulation provisions of the county's unified development ordinance. 4
… ." 5
SECTION 6. G.S. 160D-912 reads as rewritten: 6
"§ 160D-912. Outdoor advertising. 7
… 8
(m) This section does not apply to any ordinance in effect on July 1, 2004. A local 9
government may amend an ordinance in effect on July 1, 2004, to extend application of the 10
ordinance to off -premises outdoor advertising located in territory acquired by annexation or 11
located in the extraterritorial jurisdiction of the city. annexation. A local government may repeal 12
or amend an ordinance in effect on July 1, 2004, so long as the a mendment to the existing 13
ordinance does not reduce the period of amortization in effect on June 19, 2020. 14
… ." 15
SECTION 7. G.S. 160D-925 reads as rewritten: 16
"§ 160D-925. Stormwater control. 17
… 18
(e) Unless the local government requests the permit condition in its permit application, 19
the Environmental Management Commission may not require as a condition of an NPDES 20
stormwater permit issued pursuant to G.S. 143-214.7 that a city implement the measure required 21
by 40 Code of Federal Regulations § 122.34(b)(3)(1 July 2003 Edition) in its extraterritorial 22
jurisdiction. 23
… ." 24
SECTION 8. G.S. 160D-1125 reads as rewritten: 25
"§ 160D-1125. Enforcement. 26
… 27
(c) Additional Lien. – The amounts incurred by a local government in connection with 28
the removal or demolition are also a lien against any other real property owned by the owner of 29
the building or structure and located within the local government's planning and development 30
regulation jurisdiction, and for cities without extraterritorial planning and development 31
jurisdiction, within one mile of the city limits, jurisdiction, except for the owner's primary 32
residence. The provisions of subsection (b) of this section apply to this additional lien, except 33
that this additional lien is inferior to all prior liens and shall be collected as a money judgment. 34
… ." 35
SECTION 9. Any provision in a local act, including a local act establishing or 36
amending a city charter, that grants a city the power to exercise extraterritorial planning 37
jurisdiction under Article 19 of Chapter 160A of the General Statutes, or its successor Chapter 38
160D of the General Statutes, is hereby repealed. 39
SECTION 10. The relinquishment of jurisdiction over an area that a city is regulating 40
under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 160A of 41
the General Statutes, or its successor Chapter 160D of the General Statutes, shall become 42
effective January 1, 2026. However, nothing in this act shall be construed as prohibiting a city 43
from relinquishing jurisdiction over an are a prior to January 1, 2026 in accordance with 44
G.S. 160D-202. 45
SECTION 11. Upon relinquishment of jurisdiction over an area that a city is 46
regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 47
160A of the General Statutes, or its successor Chapter 160D of the General Statutes: 48
(1) The city regulations and powers of enforcement shall remain in effect until (i) 49
the county has adopted the regulation or (ii) a period of 60 days has elapsed 50
following the effective da te of this act, whichever is sooner. During this 51
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House Bill 1009-First Edition Page 5
period, the county may hold hearings and take other measures that may be 1
required in order to adopt its regulations for the area. 2
(2) Any person who has acquired vested rights under a permit, certificate, or other 3
evidence of compliance issued by the city may exercise those rights as if no 4
change of jurisdiction had occurred. The county acquiring jurisdiction may 5
take any action regarding the permit, certificate, or other evidence of 6
compliance that could hav e been taken by the city surrendering jurisdiction 7
pursuant to its ordinances and regulations. Except as provided in this section, 8
any building, structure, or other land use in a territory over which a county has 9
acquired jurisdiction is subject to the ordinances and regulations of the county. 10
11
PART II. CONFORMING CHANGES 12
SECTION 12. G.S. 113A-208 reads as rewritten: 13
"§ 113A-208. Regulation of mountain ridge construction by counties and cities. 14
… 15
(d) An ordinance adopted under the authority of this sectio n applies to all protected 16
mountain ridges as defined in G.S. 113A-206. A county or city may apply the ordinance to other 17
mountain ridges within its jurisdiction if it finds that this application is reasonably necessary to 18
protect against some or all of the hazards or problems set forth in G.S. 113A-207. Additionally, 19
a city with a population of 50,000 or more may apply the ordinance to other mountain ridges 20
within its extraterritorial planning jurisdiction if it finds that this application is reasonably 21
necessary to protect against some or all of the hazards or problems set forth in G.S. 113A-207. 22
… ." 23
SECTION 13. G.S. 122C-3 reads as rewritten: 24
"§ 122C-3. Definitions. 25
The following definitions apply in this Chapter: 26
… 27
(13e) Extraterritorial jurisdiction. – The boundaries of the area over which the Town 28
of Butner was exercising extraterritorial planning jurisdiction under Article 29
19 of Chapter 160A of the General Statutes, or its successor Chapter 160D of 30
the General Statutes, prior to the Town 's relinquishment of jurisdiction over 31
the area on or before January 1, 2026. 32
…." 33
SECTION 14. G.S. 122C-403 reads as rewritten: 34
"§ 122C-403. Secretary's authority over Camp Butner reservation. 35
The Secretary shall administer the Camp Butner reservation except (i) those areas within the 36
municipal boundaries of the Town of Butner and (ii) that portion of the Town of Butner's 37
extraterritorial jurisdiction jurisdiction, as defined in G.S. 122C-3(13e), consisting of lands not 38
owned by the State of North Carolina. In performing this duty, the Secretary has the powers listed 39
below. In exercising these powers the Secretary has the same authority and is subject to the same 40
restrictions that the governing body of a city would have and would be subject to if the reservation 41
was a city, unless this section provides to the contrary. The Secretary may do the following: 42
… ." 43
SECTION 15. G.S. 122C-405 reads as rewritten: 44
"§ 122C-405. Procedure applicable to rules. 45
Rules adopted by the Secretary under this Article shall be adopt ed in accordance with the 46
procedures for adopting a city ordinance on the same subject, shall be subject to review in the 47
manner provided for a city ordinance adopted on the same subject, and shall be enforceable in 48
accordance with the procedures for enforcing a city ordinance on the same subject. Violation of 49
a rule adopted under this Article is punishable as provided in G.S. 122C-406. 50
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Rules adopted under this Article may apply to part or all of the Camp Butner Reservation, 1
except those areas within the municipal boundaries of the Town of Butner and that portion of the 2
Town of Butner's extraterritorial jurisdiction jurisdiction, as defined in G.S. 122C-3(13e), 3
consisting of lands not owned by the State of North Carolina. If a public hearing is required 4
before the adoption of a rule, Advisory the Secretary shall designate one or more employees of 5
the Department to conduct the hearing. The Butner Town Council shall receive at least 14 days' 6
advance written notice of any public hearing with all correspondence concerning such public 7
hearings to be directed to the mayor of the Town of Butner and sent by certified mail, return 8
receipt requested, or equivalent delivery service to Butner Town Hall." 9
SECTION 16. G.S. 122C-410 reads as rewritten: 10
"§ 122C -410. Author ity of county or city over Camp Butner Reservation; zoning 11
jurisdiction by Town of Butner over State lands. 12
(a) A municipality other than the Town of Butner may not annex territory extending into 13
or extend its extraterritorial jurisdiction into the Camp Bu tner reservation without written 14
approval from the Secretary and the Butner Town Council of each proposed annexation or 15
extension. annexation. The Town of Butner may not annex territory extending into or extend its 16
extraterritorial jurisdiction into those portions of the Camp Butner Reservation owned by the 17
State of North Carolina without written approval from the Secretary of each proposed annexation 18
or extension. annexation. The procedures, if any, for withdrawing approval granted by the 19
Secretary to an annexation or extension of extraterritorial jurisdiction shall be stated in the notice 20
of approval. 21
(b) A county ordinance may apply in part or all of the Camp Butner reservation (other 22
than areas within the Town of Butner) if the Secretary gives written ap proval of the ordinance, 23
except that ordinances adopted by a county under Chapter 160D of the General Statutes may not 24
apply in the extraterritorial jurisdiction of the Town of Butner without approval of the Butner 25
Town Council. ordinance. The Secretary may withdraw approval of a county ordinance by giving 26
written notification, by certified mail, return receipt requested, to the county. A county ordinance 27
ceases to be effective in the Camp Butner reservation 30 days after the county receives the written 28
notice of the withdrawal of approval. This section does not enhance or diminish the authority of 29
a county to enact ordinances applicable to the Town of Butner and its extraterritorial jurisdiction. 30
Butner. 31
(c) Notwithstanding any other provision of this Article, no portion of the lands owned by 32
the State as of September 1, 2007, which are located in the extraterritorial jurisdiction or the 33
incorporated limits of the Town of Butner shall be subject to any of the powers granted to the 34
Town of Butner pursuant to Chapter 160D of the General Statutes except as to property no longer 35
owned by the State. If any portion of such property owned by the State of North Carolina as of 36
September 1, 2007, is no longer owned by t he State, the Town of Butner may exercise all legal 37
authority granted to the Town pursuant to the terms of its charter or by Chapter 160D of the 38
General Statutes and may do so by ordinances adopted prior to the actual date of transfer. Before 39
the State shall dispose of any property inside the incorporated limits of the Town of Butner or 40
any of that property currently under the control of the North Carolina Department of Health and 41
Human Services or the North Carolina Department of Agriculture and Consumer Services within 42
the extraterritorial jurisdiction jurisdiction, as that term is defined in G.S. 122C-3(13e), of the 43
Town of Butner, southeast of Old Highway 75, northeast of Central Avenue, southwest of 33rd 44
Street, and northwest of "G" Street, by sale or lease for any use not directly associated with a 45
State function, the Town of Butner shall first be given the right of first refusal to purchase said 46
property at fair market value as determined by the average of the value of said property as 47
determined by a qualified appraiser selected by the Secretary and a qualified appraiser selected 48
by the Town of Butner." 49
SECTION 17. G.S. 130A-317 reads as rewritten: 50
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House Bill 1009-First Edition Page 7
"§ 130A -317. Department to provide advice; submission and approval of public water 1
system plans. 2
… 3
(d) Municipalities, counties, local boards or commissions, water and sewer authorities, 4
or groups of municipalities and counties may establish and administer within their utility service 5
areas their own approval program in lieu of State approval of water syst em plans required in 6
subsection (c) of this section for construction or alteration of the distribution system of a proposed 7
or existing public water system, subject to the prior certification of the Department. For purposes 8
of this subsection, the service area of a municipality shall include only that area within the 9
corporate limits of the municipality and that area outside a municipality in its extraterritorial 10
jurisdiction where water service is already being provided to the permit applicant by the 11
municipality or connection to the municipal water system is immediately available to the 12
applicant; the service areas of counties and the other entities or groups shall include only those 13
areas where water service is already being provided to the applicant by t he permitting authority 14
or connection to the permitting authority's system is immediately available. . For purposes of this 15
subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a 16
municipality was exercising extra territorial planning jurisdiction under Article 19 of Chapter 17
160A of the General Statutes, or its successor Chapter 160D of the General Statutes, prior to the 18
municipality's relinquishment of jurisdiction over the area on or before January 1, 2026.No later 19
than the 180th day after the receipt of an approval program and statement submitted by any local 20
government, commission, authority, or board, the Department shall certify any local program 21
that meets all of the following conditions: 22
… ." 23
SECTION 18. G.S. 136-55.1 reads as rewritten: 24
"§ 136-55.1. Notice of abandonment. 25
… 26
(b) In keeping with its overall zoning scheme and long -range plans regarding the 27
extraterritorial jurisdiction area, Notwithstanding any provision of Chapter 160D of the General 28
Statutes or any other provision of law, a municipality may keep open and assume responsibility 29
for maintenance of a road within one mile of its corporate limits once it is abandoned from the 30
State highway system." 31
SECTION 19. G.S. 136-63 reads as rewritten: 32
"§ 136-63. Change or abandonment of roads. 33
… 34
(b) In keeping with its overall zoning scheme and long -range plans regarding the 35
extraterritorial jurisdiction area, Notwithstanding any provision of Chapter 160D of the General 36
Statutes or any other provision of law, a municipality may keep open and assume responsibility 37
for maintenance of a road within one mile of its corporate limits once it is abandoned from the 38
State highway system." 39
SECTION 20. G.S. 136-66.3 reads as rewritten: 40
"§ 136-66.3. Local government participation in improvements to the State transportation 41
system. 42
(a) Municipal Participation Authorized. – A municipality may, but is not required to, 43
participate in the right -of-way and construction cost of a State transportation improvement 44
approved by the Board of Transportation under G.S. 143B-350(f)(4) that is located in the 45
municipality or its extraterritorial jurisdiction. municipality. 46
… ." 47
SECTION 21. G.S. 143-138 reads as rewritten: 48
"§ 143-138. North Carolina State Building Code. 49
… 50
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(e) Effect upon Local Codes. – Except as otherwise provided in this section, the North 1
Carolina State Building Code shall apply throughout the State, from the time of its adoption. 2
Approved rules shall become effective in accordance with G.S. 150B-21.3. However, a ny 3
political subdivision of the State may adopt a fire prevention code and floodplain management 4
regulations within its jurisdiction. Provided a political subdivision shall not adopt local fire 5
prevention code provisions which apply to dwellings subject to the North Carolina Residential 6
Code which are not prescriptively required by the North Carolina Residential Code. The 7
territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified 8
by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within 9
the corporate limits of the municipality and extraterritorial jurisdiction areas established as 10
provided in G.S. 160D-202 or a local act; municipality; county jurisdiction shall include all other 11
areas of the county. No such code or regulations, other than floodplain management regulations 12
and those permitted by G.S. 160D-1128, shall be effective until they have been officially 13
approved by the Building C ode Council as providing adequate minimum standards to preserve 14
and protect health and safety, in accordance with the provisions of subsection (c) above. Local 15
floodplain regulations may regulate all types and uses of buildings or structures located in flood 16
hazard areas identified by local, State, and federal agencies, and include provisions governing 17
substantial improvements, substantial damage, cumulative substantial improvements, lowest 18
floor elevation, protection of mechanical and electrical systems, f oundation construction, 19
anchorage, acceptable flood resistant materials, and other measures the political subdivision 20
deems necessary considering the characteristics of its flood hazards and vulnerability. In the 21
absence of approval by the Building Code Co uncil, or in the event that approval is withdrawn, 22
local fire prevention codes and regulations shall have no force and effect. Provided any local 23
regulations approved by the local governing body which are found by the Council to be more 24
stringent than the adopted statewide fire prevention code and which are found to regulate only 25
activities and conditions in buildings, structures, and premises that pose dangers of fire, explosion 26
or related hazards, and are not matters in conflict with the State Building Code, may be approved. 27
Local governments may enforce the fire prevention code of the State Building Code using civil 28
remedies authorized under G.S. 143-139, 153A -123, and 160A -175. If the Commissioner of 29
Insurance or other State official with responsibility for enforcement of the Code institutes a civil 30
action pursuant to G.S. 143-139, a local government may not institute a civil action under 31
G.S. 143-139, 153A -123, or 160A -175 based upon the same violation. Appeals from the 32
assessment or imposition of such civil remedies shall be as provided in G.S. 160D-1127. 33
A local government may not adopt any ordinance in conflict with the exemption provided by 34
subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the 35
exemption provided by subsection (c1) of this section. 36
… ." 37
SECTION 22. G.S. 143-215.1 reads as rewritten: 38
"§ 143-215.1. Control of sources of water pollution; permits required. 39
… 40
(f) Local Permit Programs for Sewer Extension and Reclaimed Water Utilization. – 41
Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of 42
municipalities and counties may establish and administer within their utility service areas their 43
own general permit programs in lieu of State permit required in G.S. 143-215.1(a)(2), (3), and 44
(8) above, for construction, operation, alteration, extension, change of proposed or existing sewer 45
system, subject to the prior certification of the Commission. For purposes of this subsection, the 46
service area of a municipality shall include only that area within the corporate limits of the 47
municipality and that area outside a municipality in its extraterritorial jurisdiction where sewer 48
service or a reclaimed water utilization system is already being provided by the municipalit y to 49
the permit applicant or connection to the municipal sewer system or a reclaimed water utilization 50
system is immediately available to the applicant; the service areas of counties and the other 51
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entities or groups shall include only those areas where sew er service or a reclaimed water 1
utilization system is already being provided to the applicant by the permitting authority or 2
connection to the permitting authority's system is immediately available. For purposes of this 3
subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a 4
municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 5
160A of the General Statutes, or its successor Chapter 160D of the General Statutes, prior to the 6
municipality's relinquishment of jurisdiction over the area on or before January 1, 2026. No later 7
than the 180th day after the receipt of a program and statement submitted by any local 8
government, commission, authority, or board the Commission shall certi fy any local program 9
that does all of the following: 10
… ." 11
SECTION 23. G.S. 153A-317.14 reads as rewritten: 12
"§ 153A-317.14. Extension of economic development and training districts. 13
(a) Standards. – A board of commissioners may by resolution annex territory to an 14
economic development and training district upon finding that: 15
… 16
(6) If any of the area proposed to be annexed to the district is wholly or partially 17
within the extraterritorial jurisdiction of a municipality, then it shall be 18
necessary to first obtain the affirmative vote of a majority of the members of 19
the governing body of the municipality before the area can be annexed. 20
… ." 21
SECTION 24. G.S. 160A-58.4 reads as rewritten: 22
"§ 160A-58.4. Extraterritorial powers. 23
Satellite corporate limits shall not be considered a part of the city's corporate limits for the 24
purposes of extraterritorial land -use regulation pursuant to G.S. 160D-202 or purpose of 25
abatement of public health nuisances pursuant to G.S. 160A-193. However, a city's power to 26
regulate land use pursuant to Chapter 160D of the General Statutes or to abate public health 27
nuisances pursuant to G.S. 160A-193, G.S. 160A-193 shall be the same within satellite corporate 28
limits as within its primary corporate limits." 29
SECTION 25. G.S. 160A-176.1 reads as rewritten: 30
"§ 160A-176.1. Ordinances effective in Atlantic Ocean. 31
(a) A city may adopt ordinances to regulate and control swimming, surfing and littering 32
in the Atlantic Ocean adjacent to that portion o f the city within its boundaries or within its 33
extraterritorial jurisdiction; boundaries; provided, however, nothing contained herein shall be 34
construed to permit any city to prohibit altogether swimming and surfing or to make these 35
activities unlawful. 36
… ." 37
SECTION 26. G.S. 160A-176.2 reads as rewritten: 38
"§ 160A-176.2. Ordinances effective in Atlantic Ocean. 39
(a) A city may adopt ordinances to regulate and control swimming, personal watercraft 40
operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion 41
of the city within its boundaries or within its extraterritorial jurisdiction; boundaries; provided, 42
however, nothing contained herein shall be construed to permit any city to prohibit altogether 43
swimming or surfing or to make these activities unlawful. 44
… ." 45
SECTION 27. G.S. 160A-296 reads as rewritten: 46
"§ 160A-296. Establishment and control of streets; center and edge lines. 47
… 48
(a1) A city with a population of 250,000 or over according to the most recent decennial 49
federal census may also exercise the power granted by subdivision (a)(3) of this section within 50
its extraterritorial planning jurisdiction. Before a city makes improvements under this subsection, 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 1009-First Edition
it shall enter into a memorandum of understanding with the Department of Transportation to 1
provide for maintenance. 2
… ." 3
SECTION 28. G.S. 160A-299 reads as rewritten: 4
"§ 160A-299. Procedure for permanently closing streets and alleys. 5
… 6
(d) This section shall apply to any street or public alley within a city or its extraterritorial 7
jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has 8
actually been opened. This section also applies to unopened streets or public alleys that are shown 9
on plats but that have not been accepted or maintained by the city, provided that this section shall 10
not abrogate the rights of a dedicator, or those claiming under a ded icator, pursuant to 11
G.S. 136-96. 12
… ." 13
SECTION 29. G.S. 160A-340.2 reads as rewritten: 14
"§ 160A-340.2. Exemptions. 15
… 16
(c) The provisions of G.S. 160A-340.1, 160A -340.3, 160A -340.4, 160A -340.5, and 17
160A-340.6 do not apply to a city or joint agency providing communications service as of 18
January 1, 2011, provided the city or joint agency limits the provision of communications service 19
to any one or more of the following: 20
… 21
(3) The following service areas: 22
a. For the joint agency operated by the cities of Davidso n and 23
Mooresville, the service area is the combined areas of the city of 24
Cornelius; the town of Troutman; the town of Huntersville; the 25
unincorporated areas of Mecklenburg County north of a line beginning 26
at Highway 16 along the west boundary of the county , extending 27
eastward along Highway 16, continuing east along Interstate 485, and 28
continuing eastward to the eastern boundary of the county along 29
Eastfield Road; and the unincorporated areas of Iredell County south 30
of Interstate 40, excluding the City of Statesville and the 31
extraterritorial jurisdiction of the City of Statesville. For purposes of 32
this sub-subdivision, the term "extraterritorial jurisdiction" means the 33
boundaries of the area over which the City of Statesville was 34
exercising extraterritorial p lanning jurisdiction under Article 19 of 35
Chapter 160A of the General Statutes, or its successor Chapter 160D 36
of the General Statutes, prior to the City's relinquishment of 37
jurisdiction over the area on or before January 1, 2026. 38
…." 39
40
PART III. LAW ENFORCEMENT 41
SECTION 30. This act shall have no effect on the extraterritorial jurisdiction of law 42
enforcement officers as authorized in Chapter 77 of the General Statutes, G.S. 15A-402, 20-38.2, 43
160A-286, or any other local act or provision of general law. 44
45
PART IV. EFFECTIVE DATE 46
SECTION 31. The headings to the parts of this act are a convenience to the reader 47
and are for reference only. The headings do not expand, limit, or define the text of this act. 48
SECTION 32. This act becomes effective January 1, 2026. 49