Title: H1191 [Filed]
Category: Bill Draft

General Assembly of North Carolina	Session 2013

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H	D
HOUSE DRH10537-TQz-22  (03/31)

Short Title:	Authority to Adopt Local Ordinances. | (Public)
Sponsors: | Representatives Dixon and Langdon (Primary Sponsors).
Referred to: |

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THe AUTHORITY OF LOCAL GOVERNMENTS TO ADOPT CERTAIN AGRICULTURAL AND ENVIRONMENTAL ORDINANCES, AS RECOMMENDED BY THE AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 56 of Chapter 106 of the General Statutes is amended by adding a new section to read:
"§ 106‑678.  Authority of local governments to regulate fertilizers.
No county or city shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning authority under Article 19 of Chapter 160A of the General Statutes or Article 18 of Chapter 153A of the General Statutes, or from exercising its fire prevention or inspection authority. Nothing in this section shall limit the authority of the Department of Environment and Natural Resources to enforce water quality standards."
SECTION 2.  G.S. 153A‑452 reads as rewritten:
"§ 153A‑452.  Restriction of certain forestry activities prohibited.
…
(b)	A county shall not adopt or enforce any ordinance, rule, regulation, or resolution that regulates any of the following:
(1)	Forestry activity on forestland that is taxed on the basis of its present‑use value as forestland under Article 12 of Chapter 105 of the General Statutes.
(2)	Forestry activity that is conducted in accordance with a forest management plan.
(3)	The removal, replacement, and preservation of trees on private property within its jurisdiction.
(c)	This section shall not be construed to limit, expand, or otherwise alter the authority of a county to:
(1)	Regulate activity associated with development. A county may deny a building permit or refuse to approve a site or subdivision plan for either a period of up to:
a.	Three years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under county regulations governing development from the tract of land for which the permit or approval is sought.
b.	Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under county regulations governing development from the tract of land for which the permit or approval is sought and the harvest was a willful violation of the county regulations.
	(3)	Adopt ordinances that are necessary to comply with any federal or State law, regulation, or rule.
(4)	Exercise its planning or zoning authority under Article 18 of this Chapter."
SECTION 3.  G.S. 160A‑458.5 reads as rewritten:
"§ 160A‑458.5.  Restriction of certain forestry activities prohibited.
…
(b)	A city shall not adopt or enforce any ordinance, rule, regulation, or resolution that regulates any of the following:
(1)	Forestry activity on forestland that is taxed on the basis of its present‑use value as forestland under Article 12 of Chapter 105 of the General Statutes.
(2)	Forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with Chapter 89B of the General Statutes.
(3)	The removal, replacement, and preservation of trees on private property within its jurisdiction.
(c)	This section shall not be construed to limit, expand, or otherwise alter the authority of a city to:
(1)	Regulate activity associated with development. A city may deny a building permit or refuse to approve a site or subdivision plan for either a period of up to:
a.	Three years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under city regulations governing development from the tract of land for which the permit or approval is sought.
b.	Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under city regulations governing development from the tract of land for which the permit or approval is sought and the harvest was a willful violation of the city regulations.
	(3)	Adopt ordinances that are necessary to comply with any federal or State law, regulation, or rule.
(4)	Exercise its planning or zoning authority under this Article.
(5)	Regulate and protect streets under Article 15 of this Chapter."
SECTION 4.  This act is effective when it becomes law.

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