Land Use Clarification and Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 493
Second Edition Engrossed 5/6/25

Short Title: Land Use Clarification and Changes. (Public)
Sponsors: Senators Lee, Moffitt, and Overcash (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S493-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE SITING OF SCHOOLS VI A SPECIAL USE PERMIT FOR 2
AREAS ZONED FOR COMM ERCIAL USE; TO CLARI FY THAT USE RIGHTS O N 3
PROPERTY ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE 4
RIGHTS; AND TO ELIMINATE MUNICIPAL EXTRATERRITORIAL JURISDICTION. 5
The General Assembly of North Carolina enacts: 6
7
PART I. SCHOOLS A PERMITTED USE IN COMMERCIAL ZONES 8
SECTION 1.1. Part 1 of Article 9 of Chapter 160D of the General Statutes is 9
amended by adding a new section to read: 10
"§ 160D-917. Public school sites in commercial zones. 11
In areas zoned for commercial use, zoning regulations shall permit, by right or by special use, 12
the siting of a school building that is primarily used for the instruction of students and is under 13
the control of a public school unit as defined in G.S. 115C-5." 14
SECTION 1.2. This Part is effective when it becomes law. 15
16
PART II. CLARIFY EXISTING USE RIGHTS ON PROPERTY 17
SECTION 2.1. G.S. 160D-108 reads as rewritten: 18
"§ 160D-108. Permit choice and vested rights. 19
… 20
(c) Vested Rights. – Amendments in land development regulations are not applicable or 21
enforceable without the written consent of the owner with regard to any of the following: 22
(1) Buildings or uses of buildings or land for which a development permit 23
application has been submitted and subsequently issued in accordance with 24
G.S. 143-755. 25
(2) Subdivisions of land for which a development permit application authorizing 26
the subdivision has been submitted and subsequently issued in accordance 27
with G.S. 143-755. 28
(3) A site-specific vesting plan pursuant to G.S. 160D-108.1. 29
(4) A multi-phased development pursuant to subsection (f) of this section. 30
(5) A vested right established by the terms of a development agreement 31
authorized by Article 10 of this Chapter. 32
The establishment of a vested right under any subdivision of this subsection does not preclude 33
vesting under one or more other subdivisions of this subsection or vesting by application of 34
common law principles. A vested right, once established as provided for in this section or by 35
common law, precludes any action by a local government that would change, alter, impair, 36
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prevent, diminish, or otherwise delay the deve lopment or use of the property allowed by the 1
applicable land development regulation or regulations, except where a change in State or federal 2
law mandating local government enforcement occurs after the development application is 3
submitted that has a fundamental and retroactive effect on the development or use. A vested right 4
obtained by permit or other local government approval shall not preclude the use or extinguish 5
the existence of any other vested right or use by right attached to the property. 6
…." 7
SECTION 2.2. G.S. 160D-705 reads as rewritten: 8
"§ 160D-705. Quasi-judicial zoning decisions. 9
… 10
(c) Special Use Permits. – The regulations may provide that the board of adjustment, 11
planning board, or governing board hear and decide special use permits in accordance with 12
principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 13
appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 14
such conditions may include requirements that street and utility rights-of-way be dedicated to the 15
public and that provision be made for recreational space and facilities. Conditions and safeguards 16
imposed under this subsection shall not include requirements for which the local government 17
does not have authority under statute to regulate nor requirements for which the courts have held 18
to be unenforceable if imposed directly by the local government, including, without limitation, 19
taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), 20
driveway-related improvements in excess of those allowed in G.S. 136-18(29) and 21
G.S. 160A-307, or other unauthorized limitations on the development or use of land. 22
The regulations may provide that defined minor modifications to special use permits that do 23
not involve a change in uses permitted or the density of overall development permitted may be 24
reviewed and approved administratively. Any other modification or revocation of a special use 25
permit shall follow the same process for approval as is applicable to the approval of a special use 26
permit. If multiple parcels of land are subject to a special use permit, the owners of individual 27
parcels may apply for permit modification so long as the modification would not result in other 28
properties failing to meet the terms of the special use permit or regulations. Any modifications 29
approved apply only to those properties whose owners apply for the modification. The regulation 30
may require that special use permits be recorded with the register of deeds. If a special use permit 31
expires and does not vest, the current zoning classification or regulation for the property applies. 32
…." 33
SECTION 2.3.(a) G.S. 160D-203 reads as rewritten: 34
"§ 160D-203. Split jurisdiction. 35
(a) If a parcel of land lies within the planning and development regulation jurisdiction of 36
more than one local government, for the purposes of this Chapter, the local governments may, 37
by mutual agreement pursuant to Article 20 of Chapter 160A of the General Statutes and with 38
the written consent of the landown er, assign exclusive planning and development regulation 39
jurisdiction under this Chapter for the entire parcel land, including all development phases on the 40
land, to any one of those local governments. 41
(b) In the event no mutual agreement or written cons ent under subsection (a) of this 42
section exists, the landowner of land lying within the planning and development regulation 43
jurisdiction of more than one local government may elect the planning and development 44
regulations of the local government where the majority of the total acreage of the parcel of land 45
is situated. 46
(c) Such a mutual agreement This section shall only be applicable to planning and 47
development regulations and shall not affect taxation or other nonregulatory matters. The mutual 48
agreement under subsection (a) of this section shall be evidenced by a resolution formally 49
adopted by each governing board and recorded with the register of deeds in the every county 50
where the property land is located within 14 days of the adoption of the last required resolution." 51
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SECTION 2.3.(b) G.S. 160D-102(18) reads as rewritten: 1
"(18) Landowner or owner. – The holder All holders of record of the title in fee 2
simple. Absent evidence to the contrary, a local government m ay rely on the 3
county tax records to determine who is a landowner. The landowner may 4
authorize a person holding a valid option, lease, or contract to purchase to act 5
as his or her agent or representative for the purpose of making applications for 6
development approvals." 7
SECTION 2.4. This Part is effective when it becomes law. 8
9
PART III. REMOVE EXTRATERRITORIAL JURISDICTION AUTHORITY 10
SECTION 3.1.(a) G.S. 160D-201 reads as rewritten: 11
"§ 160D-201. Planning and development regulation jurisdiction. 12
(a) Cities. – All of the powers granted by this Chapter may be exercised by any city within 13
its corporate limits and within any extraterritorial area established pursuant to 14
G.S. 160D-202.limits. 15
…." 16
SECTION 3.1.(b) G.S. 160D-202 reads as rewritten: 17
"§ 160D-202. Municipal extraterritorial Transfer or relinquishment of jurisdiction. 18
(a) Geographic Scope. – Any city may exercise the powers granted to cities under this 19
Chapter within a defined area extending not more than one mile beyond its contiguous corporate 20
limits. In addition, a city of 10,000 or more population but less than 25,000 may exercise these 21
powers over an area extending not more than two miles beyond its limits and a city of 25,000 or 22
more population may exercise these powers over an area extending no t more than three miles 23
beyond its limits. In determining the population of a city for the purposes of this Chapter, the city 24
council and the board of county commissioners may use the most recent annual estimate of 25
population as certified by the Secretary of the North Carolina Department of Administration. 26
Pursuant to G.S. 160A-58.4, extraterritorial municipal planning and development regulation may 27
be extended only from the primary corporate boundary of a city and not from the boundary of 28
satellite areas of the city. 29
(b) Authority in the Extraterritorial Area. – A city may not exercise any power conferred 30
by this Chapter in its extraterritorial jurisdiction that it is not exercising within its corporate limits. 31
A city may exercise in its extraterritorial ar ea all powers conferred by this Chapter that it is 32
exercising within its corporate limits. If a city fails to extend a particular type of development 33
regulation to the extraterritorial area, the county may elect to exercise that particular type of 34
regulation in the extraterritorial area. 35
(c) County Approval of City Jurisdiction. – Notwithstanding subsection (a) of this 36
section, no city may extend its extraterritorial powers into any area for which the county has 37
adopted and is enforcing county zoning and su bdivision regulations. However, the city may do 38
so where the county is not exercising both of these powers, or when the city and the county have 39
agreed upon the area within which each will exercise the powers conferred by this Chapter. No 40
city may extend its extraterritorial powers beyond one mile from its corporate limits without the 41
approval of the board or boards of county commissioners with jurisdiction over the area. 42
(d) Notice of Proposed Jurisdiction Change. – Any municipality proposing to exercise 43
extraterritorial jurisdiction under this Chapter shall notify the owners of all parcels of land 44
proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax 45
records. The notice shall be sent by first -class mail to the last addresses listed for affected 46
property owners in the county tax records. The notice shall inform the landowner of the effect of 47
the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative 48
hearing prior to adopt ion of any ordinance extending the area of extraterritorial jurisdiction, as 49
provided in G.S. 160D-601, and of the right of all residents of the area to apply to the board of 50
county commissioners to serve as a representative on the planning board and the b oard of 51
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adjustment, as provided in G.S. 160D-303. The notice shall be mailed at least 30 days prior to 1
the date of the hearing. The person or persons mailing the notices shall certify to the city council 2
that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the 3
absence of fraud. 4
(e) Boundaries. – Any council exercising extraterritorial jurisdiction under this Chapter 5
shall adopt an ordinance specifying the areas to be included based upon existing or projected 6
urban development and areas of critical concern to the city, as evidenced by officially adopted 7
plans for its development. A single jurisdictional boundary shall be applicable for all powers 8
conferred in this Chapter. Boundaries shall be defined, to the extent feasible, in terms of 9
geographical features identifiable on the ground. Boundaries may follow parcel ownership 10
boundaries. A council may, in its discretion, exclude from its extraterritorial jurisdiction areas 11
lying in another county, areas separated from the city by barriers to urban growth, or areas whose 12
projected development will have minimal impact on the city. The boundaries specified in the 13
ordinance shall at all times be drawn on a map, set forth in a written description, or shown by a 14
combination of these techniques. This delineation shall be maintained in the manner provided in 15
G.S. 160A-22 for the delineation of the corporate limits and shall be recorded in the office of the 16
register of deeds of each county in which any portion of the area lies. 17
Where the extraterritorial jurisdiction of two or more cities overlaps, the jurisdictional 18
boundary between them shall be a line connecting the midway points of the overlapping area 19
unless the city councils agree to another boundary line within the overlap ping area based upon 20
existing or projected patterns of development. 21
(f) County Authority Within City Jurisdiction. – The county may, on request of the city 22
council, exercise any or all of these the powers granted in this Chapter in any or all areas lying 23
within the city's corporate limits or within the city's specified area of extraterritorial 24
jurisdiction.limits. 25
(g) Transfer of Jurisdiction. – When a city annexes, annexes or a new city is incorporated 26
in, or a city extends its jurisdiction to include, in an area that is currently being regulated by the 27
county, the county development regulations and powers of enforcement shall remain in effect 28
until (i) the city has adopted such development regulations or (ii) a period of 60 days has elapsed 29
following the annexation, extension, annexation or incorporation, whichever is sooner. Prior to 30
the transfer of jurisdiction, the city may hold hearings and take any other measures consistent 31
with G.S. 160D-204 that may be required in order to adopt and apply its development regulations 32
for the area at the same time it assumes jurisdiction. 33
(h) Relinquishment of Jurisdiction. – When a city relinquishes jurisdiction over an area 34
that it is regulating under this Chapter to a county, the city development regulations and powe rs 35
of enforcement shall remain in effect until (i) the county has adopted such development 36
regulation or (ii) a period of 60 days has elapsed following the action by which the city 37
relinquished jurisdiction, whichever is sooner. Prior to the transfer of ju risdiction, the county 38
may hold hearings and take other measures consistent with G.S. 160D-204 that may be required 39
in order to adopt and apply its development regulations for the area at the same time it assumes 40
jurisdiction. 41
(i) Process for Local Governm ent Approval. – When a local government is granted 42
powers by this section subject to the request, approval, or agreement of another local government, 43
the request, approval, or agreement shall be evidenced by a formally adopted resolution of the 44
governing b oard of the local government. Any such request, approval, or agreement can be 45
rescinded upon two years' written notice to the other governing boards concerned by repealing 46
the resolution. The resolution may be modified at any time by mutual agreement of the governing 47
boards concerned. 48
(j) Local Acts. – Nothing in this section shall repeal, modify, or amend any local act that 49
defines the boundaries of a city's extraterritorial jurisdiction by metes and bounds or courses and 50
distances. 51
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(k) Effect on Vested Ri ghts. – Whenever a city or county, pursuant to this section, 1
acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another 2
local government, any person who has acquired vested rights in the surrendering jurisdiction may 3
exercise those rights as if no change of jurisdiction had occurred. The city or county acquiring 4
jurisdiction may take any action regarding such a development approval, certificate, or other 5
evidence of compliance that could have been taken by the lo cal government surrendering 6
jurisdiction pursuant to its development regulations. Except as provided in this subsection, any 7
building, structure, or other land use in a territory over which a city or county has acquired 8
jurisdiction is subject to the development regulations of the city or county." 9
SECTION 3.1.(c) G.S. 160D-307 is repealed. 10
SECTION 3.1.(d) G.S. 160D-602 reads as rewritten: 11
"§ 160D-602. Notice of hearing on proposed zoning map amendments. 12
(a) Mailed Notice. – Subject to the limitations of this Chapter, an ordinance shall provide 13
for the manner in which zoning regulations and the boundaries of zoning districts are to be 14
determined, established, and enforced, and from time to time amended, supplemented, or 15
changed, in accordance with the prov isions of this Chapter. The owners of affected parcels of 16
land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of 17
the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed 18
for such owners on the county tax abstracts. For the purpose of this section, properties are 19
"abutting" even if separated by a street, railroad, or other transportation corridor. This notice must 20
be deposited in the mail at least 10 but not more than 25 days prior to the date of the hearing. If 21
the zoning map amendment is being proposed in conjunction with an expansion of municipal 22
extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single 23
hearing on the zoning map amendme nt and the boundary amendment may be held. In this 24
instance, the initial notice of the zoning map amendment hearing may be combined with the 25
boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the 26
hearing. 27
…." 28
SECTION 3.1.(e) G.S. 160D-903(c) is repealed. 29
SECTION 3.1.(f) G.S. 160D-912 reads as rewritten: 30
"§ 160D-912. Outdoor advertising. 31
… 32
(m) This section does not apply to any ordinance in effect on July 1, 2004. A local 33
government may amend an ordinance in effect on July 1, 2004, to extend application of the 34
ordinance to off -premises outdoor advertising located in territory acquired by annexation or 35
located in the extraterritorial jurisdiction of the city. annexation. A local government may repeal 36
or amend an ordinan ce in effect on July 1, 2004, so long as the amendment to the existing 37
ordinance does not reduce the period of amortization in effect on June 19, 2020. 38
…." 39
SECTION 3.1.(g) G.S. 160D-925(e) is repealed. 40
SECTION 3.1.(h) G.S. 160D-1102(a) reads as rewritten: 41
"(a) A local government may create an inspection department and may appoint inspectors 42
who may be given appropriate titles, such as building inspector, electrical inspector, plumbing 43
inspector, housing inspector, zoning inspector, heating and air -conditioning inspector, fire 44
prevention inspector, or deputy or assistant inspector, or another title generally descriptive of the 45
duties assigned. Every local government shall perform the duties and responsibilities set forth in 46
G.S. 160D-1104 either by (i) crea ting its own inspection department, (ii) creating a joint 47
inspection department in cooperation with one or more other units of local government, pursuant 48
to Part 1 of Article 20 of Chapter 160A of the General Statutes, (iii) contracting with another unit 49
of local government for the provision of inspection services pursuant to Part 1 of Article 20 of 50
Chapter 160A of the General Statutes, or (iv) arranging for the county in which a city is located 51
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to perform inspection services within the city's jurisdiction as authorized by G.S. 160D-1104 and 1
G.S. 160D-202. G.S. 160D-1104. Every local government shall designate a person responsible 2
for the daily oversight of the local government's duties and responsibilities under 3
G.S. 160D-1104." 4
SECTION 3.1.(i) G.S. 160D-1125(c) reads as rewritten: 5
"(c) Additional Lien. – The amounts incurred by a local government in connection with 6
the removal or demolition are also a lien against any other real property owned by the owner of 7
the building or structure and located within th e local government's planning and development 8
regulation jurisdiction, and for cities without extraterritorial planning and development 9
jurisdiction, within one mile of the city limits, jurisdiction, except for the owner's primary 10
residence. The provisions of subsection (b) of this section apply to this additional lien, except 11
that this additional lien is inferior to all prior liens and shall be collected as a money judgment." 12
SECTION 3.1.(j) G.S. 113A-208(d) reads as rewritten: 13
"(d) An ordinance adopted under the authority of this section applies to all protected 14
mountain ridges as defined in G.S. 113A-206. A county or city may apply the ordinance to other 15
mountain ridges within its jurisdiction if it finds that this application is reasonably necessary to 16
protect against some or all of the hazards or problems set forth in G.S. 113A-207. Additionally, 17
a city with a population of 50,000 or more may apply the ordinance to other mountain ridges 18
within its extraterritorial planning jurisdiction if it finds that this application is reasonably 19
necessary to protect against some or all of the hazards or problems set forth in G.S. 113A-207." 20
SECTION 3.1.(k) G.S. 130A-317(d) reads as rewritten: 21
"(d) Municipalities, counties, local boards or commissions, water and sewer authorities, 22
or groups of municipalities and counties may establish and administer within their utility service 23
areas their own approval program in lieu of State approval of water syste m plans required in 24
subsection (c) of this section for construction or alteration of the distribution system of a proposed 25
or existing public water system, subject to the prior certification of the Department. For purposes 26
of this subsection, the service a rea of a municipality shall include only that area within the 27
corporate limits of the municipality and that area outside a municipality in its extraterritorial 28
jurisdiction where water service is already being provided to the permit applicant by the 29
municipality or connection to the municipal water system is immediately available to the 30
applicant; the service areas of counties and the other entities or groups shall include only those 31
areas where water service is already being provided to the applicant by th e permitting authority 32
or connection to the permitting authority's system is immediately available. For purposes of this 33
subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a 34
municipality was exercising extrater ritorial planning jurisdiction under Article 19 of Chapter 35
160A of the General Statutes, or its successor Chapter 160D of the General Statutes, prior to the 36
municipality's relinquishment of extraterritorial planning jurisdiction over the area in accordance 37
with the law. No later than the 180th day after the receipt of an approval program and statement 38
submitted by any local government, commission, authority, or board, the Department shall certify 39
any local program that meets all of the following conditions: 40
…." 41
SECTION 3.1.(l) G.S. 136-55.1(b) reads as rewritten: 42
"(b) In keeping with its overall zoning scheme and long -range plans regarding the 43
extraterritorial jurisdiction area, a A municipality may keep open and assume responsibility for 44
maintenance of a road within one mile of its corporate limits once it is abandoned from the State 45
highway system." 46
SECTION 3.1.(m) G.S. 136-63(b) reads as rewritten: 47
"(b) In keeping with its overall zoning scheme and long -range plans regarding the 48
extraterritorial jurisdiction area, a A municipality may keep open and assume responsibility for 49
maintenance of a road within one mile of its corporate limits once it is abandoned from the State 50
highway system." 51
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SECTION 3.1.(n) G.S. 136-66.3(a) reads as rewritten: 1
"(a) Municipal Participation Authorized. – A municipality may, but is not required to, 2
participate in the right -of-way and construction cost of a State transportation improvement 3
approved by the Board of Transportation under G.S. 143B-350(f)(4) t hat is located in the 4
municipality or its extraterritorial jurisdiction.municipality." 5
SECTION 3.1.(o) G.S. 143-138(e) reads as rewritten: 6
"(e) Effect upon Local Codes. – Except as otherwise provided in this section, the North 7
Carolina State Building Code shall apply throughout the State, from the time of its adoption. 8
Approved rules shall become effective in accordance with G.S. 150B-21.3. However, any 9
political subdivision of the State may adopt a fire prevention code and floodplain management 10
regulations within its jurisdiction. Provided a political subdivision shall not adopt local fire 11
prevention code provisions which apply to dwellings subject to the North Carolina Residential 12
Code which are not prescriptively required by the North Carolina Residentia l Code. The 13
territorial jurisdiction of any municipality or county for this purpose, unless otherwise specified 14
by the General Assembly, shall be as follows: Municipal jurisdiction shall include all areas within 15
the corporate limits of the municipality and extraterritorial jurisdiction areas established as 16
provided in G.S. 160D-202 or a local act; municipality; county jurisdiction shall include all other 17
areas of the county. No such code or regulations, other than floodplain management regulations 18
and those permitted by G.S. 160D-1128, shall be effective until they have been officially 19
approved by the responsible Code Council as providing adequate minimum standards to preserve 20
and protect health and safety, in accordance with the provisions of subsection (c) above. Local 21
floodplain regulations may regulate all types and uses of buildings or structures located in flood 22
hazard areas identified by local, State, and federal agencies, and include provisions governing 23
substantial improvements, substantial damage, c umulative substantial improvements, lowest 24
floor elevation, protection of mechanical and electrical systems, foundation construction, 25
anchorage, acceptable flood resistant materials, and other measures the political subdivision 26
deems necessary considering the characteristics of its flood hazards and vulnerability. In the 27
absence of approval by the Building Code Council or Residential Code Council, or in the event 28
that approval is withdrawn, local fire prevention codes and regulations shall have no force and 29
effect. Provided any local regulations approved by the local governing body which are found by 30
the Council to be more stringent than the adopted statewide fire prevention code and which are 31
found to regulate only activities and conditions in buildings, st ructures, and premises that pose 32
dangers of fire, explosion or related hazards, and are not matters in conflict with the Code, may 33
be approved. Local governments may enforce the fire prevention code of the Code using civil 34
remedies authorized under G.S. 143-139, 153A-123, and 160A-175. If the State Fire Marshal or 35
other State official with responsibility for enforcement of the Code institutes a civil action 36
pursuant to G.S. 143-139, a local government may not institute a civil action under G.S. 143-139, 37
153A-123, or 160A -175 based upon the same violation. Appeals from the assessment or 38
imposition of such civil remedies shall be as provided in G.S. 160D-1127. 39
A local government may not adopt any ordinance In conflict with the exemption provided by 40
subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the 41
exemption provided by subsection (c1) of this section." 42
SECTION 3.1.(p) G.S. 143-215.1(f) reads as rewritten: 43
"(f) Local Permit Programs for Sewer Extension and Reclaim ed Water Utilization. – 44
Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of 45
municipalities and counties may establish and administer within their utility service areas their 46
own general permit programs in lieu o f State permit required in G.S. 143-215.1(a)(2), (3), and 47
(8) above, for construction, operation, alteration, extension, change of proposed or existing sewer 48
system, subject to the prior certification of the Commission. For purposes of this subsection, the 49
service area of a municipality shall include only that area within the corporate limits of the 50
municipality and that area outside a municipality in its extraterritorial jurisdiction where sewer 51
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service or a reclaimed water utilization system is already be ing provided by the municipality to 1
the permit applicant or connection to the municipal sewer system or a reclaimed water utilization 2
system is immediately available to the applicant; the service areas of counties and the other 3
entities or groups shall inc lude only those areas where sewer service or a reclaimed water 4
utilization system is already being provided to the applicant by the permitting authority or 5
connection to the permitting authority's system is immediately available. For purposes of this 6
subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a 7
municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 8
160A of the General Statutes, or its successor Chapter 160D of the General Statutes, prior to the 9
municipality's relinquishment of extraterritorial planning jurisdiction over the area in accordance 10
with the law. No later than the 180th day after the receipt of a program and statement submitted 11
by any local government, commission, authority, or board the Commission shall certify any local 12
program that does all of the following: 13
…." 14
SECTION 3.1.(q) G.S. 153A-317.14(a)(6) is repealed. 15
SECTION 3.1.(r) G.S. 160A-58.4 reads as rewritten: 16
"§ 160A-58.4. Extraterritorial powers. 17
Satellite corporate limits shall not be considered a part of the city's corporate limits for the 18
purposes of extraterritorial land-use regulation pursuant to G.S. 160D-202 or abatement of public 19
health nuisances pursuant to G.S. 160A-193. However, a city' s power to regulate land use 20
pursuant to Chapter 160D of the General Statutes or to abate public health nuisances pursuant to 21
G.S. 160A-193, shall be the same within satellite corporate limits as within its primary corporate 22
limits." 23
SECTION 3.1.(s) G.S. 160A-176.1(a) reads as rewritten: 24
"(a) A city may adopt ordinances to regulate and control swimming, surfing and littering 25
in the Atlantic Ocean adjacent to that portion of the city within its boundaries or within its 26
extraterritorial jurisdiction; boundaries; provided, however, nothing contained herein shall be 27
construed to permit any city to prohibit altogether swimming and surfing or to make these 28
activities unlawful." 29
SECTION 3.1.(t) G.S. 160A-176.2(a) reads as rewritten: 30
"(a) A city may adopt o rdinances to regulate and control swimming, personal watercraft 31
operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion 32
of the city within its boundaries or within its extraterritorial jurisdiction; boundaries; provided, 33
however, nothing contained herein shall be construed to permit any city to prohibit altogether 34
swimming or surfing or to make these activities unlawful." 35
SECTION 3.1.(u) G.S. 160A-296(a1) is repealed. 36
SECTION 3.1.(v) G.S. 160A-299(d) reads as rewritten: 37
"(d) This section shall apply to any street or public alley within a city or its extraterritorial 38
jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has 39
actually been opened. This section also applies to unopened streets or public alleys that are shown 40
on plats but that have not been accepted or maintained by the city, provided that this section shall 41
not abrogate the rights of a dedicator, or those claiming under a dedicator, pursuant to 42
G.S. 136-96." 43
SECTION 3.1.(w) Any provision in a local act that grants a city the power to exercise 44
extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes, 45
or its successor Chapter 160D of the General Statutes, is hereby repealed. 46
SECTION 3.1.(x) This section applies only to extraterritorial jurisdiction territory 47
of a city located within the following counties and effective as stated: 48
(1) For counties with a population of 25,000 or less according to the last federal 49
decennial census, October 1, 2026. 50
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Senate Bill 493-Second Edition Page 9
(2) For counties with a population between 25,001 and 50,000 according to the 1
last federal decennial census, October 1, 2027. 2
SECTION 3.2.(a) No city may expand its extraterritorial jurisdiction beyond the 3
territory that the city was exercising extraterritorial jurisdiction authority upon as of June 1, 2025. 4
SECTION 3.2.(b) Cities continuing to exercise extraterritorial jurisdiction authority 5
shall continue to appoint representation on boards in accordance with G.S. 160D-307. 6
SECTION 3.3.(a) The r elinquishment of jurisdiction over an area that a city is 7
regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 8
160A of the General Statutes, or its successor Chapter 160D of the General Stat utes, shall be 9
determined by the county in which the area lies, not the city which has been exercising 10
extraterritorial jurisdiction over the area, and becomes effective as follows: 11
(1) For counties with a population of 25,000 or less according to the last federal 12
decennial census, October 1, 2026. 13
(2) For counties with a population between 25,001 and 50,000 according to the 14
last federal decennial census, October 1, 2027. 15
SECTION 3.3.(b) Nothing in this Part shall be construed as prohibiting a city from 16
relinquishing jurisdiction over an area prior to the effective date set forth in Section 3.3(a) of this 17
act so long as the city complies with the provisions of Article 19 of Chapter 160A of the General 18
Statutes, or its successor Chapter 160D of the General Statutes. 19
SECTION 3.3.(c) Upon relinquishment of jurisdiction over an area that a city is 20
regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 21
160A of the General Statutes, or its successor Chapter 160D of the General Statutes: 22
(1) The city regulations and powers of enforcement shall remain in effect until 23
the earlier of the effective date of the land use regulations adopted by the 24
county with jurisdiction over the area or 60 days after the effective date set 25
forth in Section 3.3(a) of this act for that county. If the sixtieth day falls on a 26
holiday or weekend, the next business day shall be treated as the sixtieth day. 27
The county may hold hearings and take other measures that may be required 28
in order to adopt county regulations for the area prior to the effective date set 29
forth in Section 3.3(a) of this act for that county. 30
(2) Any person who has acquired vested rights under a permit, certificate, or other 31
evidence of compliance issued by the city may exercise those rights as if no 32
change of jurisdiction had occurred. The county acquiring jurisdiction may 33
take any action regarding the permit, certificate, or other evidence of 34
compliance that could have been taken by the city surrendering jurisdiction 35
pursuant to the city ordinances and regulations. Except as provided in this 36
section, any building, structure, or other land use in a territory over which a 37
county has acquired jurisdiction is subject to the ordinances and regulations 38
of the county. At least 180 days prior to the effective date set forth in Section 39
3.3(a) of this act for the county in which any portion of a city lies, the city 40
shall notify the county of the following: 41
a. The boundaries of the city's extraterritorial jurisdiction in that county. 42
b. The existing land use regulations applying to that extraterritorial 43
jurisdiction in that county, including zoning and overlay maps. 44
c. Any pending requests for amendments or other changes to the existing 45
land use regulations applying to that extraterritorial jurisdiction in that 46
county. 47
d. Any vested rights with respect to properties in the extraterritorial 48
jurisdiction in that county. 49
SECTION 3.3.(d) This section is effective when it becomes law. 50
General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 493-Second Edition
SECTION 3.4.(a) This Part shall have no effect on the extraterritorial jurisdiction of 1
law enforcement officers as authorized in any of the following: 2
(1) Chapter 77 of the General Statutes. 3
(2) G.S. 15A-402. 4
(3) G.S. 20-38.2. 5
(4) G.S. 160A-286. 6
(5) Any local act or provision of general law. 7
SECTION 3.4.(b) This section is effective when it becomes law. 8
SECTION 3.5. Except as otherwise provided, this Part is effective when it becomes 9
law. 10
11
PART IV. EFFECTIVE DATE 12
SECTION 4. Except as otherwise provided, this act is effective when it becomes 13
law. 14