§ 113A-214. Choosing coverage or removal from coverage of this Article. - North Carolina Statutes

§ 113A‑214. Choosing coverage or removal from coverage of this Article.

(a)        This Article shall apply in all counties and cities unlessand until the jurisdiction adopts an ordinance exempting itself from thecoverage of this Article.

This exemption shall only be effective after a binding referendum,  inwhich all registered voters in the jurisdiction are eligible to vote, whichshall be held on or before May 8, 1984. The binding referendum shall be heldeither as a result of a resolution passed by the governing body of thejurisdiction or as a result of an initiative petition signed by fifteen percent(15%) of the registered voters in the jurisdiction and filed with the Board ofElections of that county  not later than 60 days before the election is to be held.At that referendum, each qualified voter desiring to vote shall be provided aballot on which shall be printed the following:

[] FOR coverage under the Mountain Ridge Protection Act of 1983.

[] AGAINST coverage under the Mountain Ridge Protection Act of 1983.

(b)        If a jurisdiction removes itself from the coverage of thisArticle, by means of a binding referendum, as provided for in subsection (a) ofthis section, then it shall have until May 13, 1986 to place itself again underthe coverage of this Article by means of an ordinance passed after a similarbinding referendum. Once a jurisdiction opts out and then opts back under theArticle, it may not take any further action to again remove itself from thecoverage of the Article.

(c)        If a county has chosen the permit procedure authorized byG.S.  113A‑208, and then opts out of and either the county or any city inthe county opts back under the coverage of this Article, then that jurisdictionmay choose the permit procedure even after January 1, 1984.

(d)        When a county removes itself from the coverage of thisArticle  all cities within the county shall be removed from the coverage ofthis Article. Provided, however, a city in a county that has removed itselffrom coverage may, under the procedure set forth in subsection  (b) of thissection, place itself again under the coverage of this Article.

(e)        When a protected mountain ridge is any part of the boundarybetween two jurisdictions then that part of the ridge shall be covered by thisArticle unless both jurisdictions remove themselves from the coverage of thisArticle. (1983, c. 676, s.1.)