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§ 122C-403. Secretary's authority over Camp Butner reservation.

§ 122C‑403.  Secretary'sauthority over Camp Butner reservation.

The Secretary shall administerthe Camp Butner reservation except (i) those areas within the municipalboundaries of the Town of Butner and (ii) that portion of the Town of Butner'sextraterritorial jurisdiction consisting of lands not owned by the State ofNorth Carolina. In performing this duty, the Secretary has the powers listedbelow. In exercising these powers the Secretary has the same authority and issubject to the same restrictions that the governing body of a city would haveand would be subject to if the reservation was a city, unless this sectionprovides to the contrary. The Secretary may:

(1)        Regulate airports onthe reservation in accordance with the powers granted in Article 4 of Chapter63 of the General Statutes.

(2)        Take actions inaccordance with the general police power granted in Article 8 of Chapter 160Aof the General Statutes.

(3)        Regulate thedevelopment of the reservation in accordance with the powers granted in Article19, Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A of the General Statutes. TheSecretary may not, however, grant a special use permit, a conditional usepermit, or a special exception under Part 3 of that Article. In addition, theSecretary is not required to notify landowners of zoning classification actionsunder G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385,and 160A‑386 do not apply, but the Secretary shall give the mayor of theTown of Butner at least 14 days' advance written notice of any proposed zoningchange. The Secretary may designate Advisory establish a board to act like aBoard of Adjustment to make recommendations to the Secretary concerningimplementation of plans for the development of the reservation. When acting asa Board of Adjustment, Advisory that board shall be subject to subsections (b),(c), (d), (f), and (g) of G.S. 160A‑388.

(4)        Establish one ormore planning agencies in accordance with the power granted in G.S. 160A‑361.

(5)        Regulate streets,traffic, and parking on the reservation in accordance with the powers grantedin Article 15 of Chapter 160A of the General Statutes.

(6)        Control erosion andsedimentation on the reservation in accordance with the powers granted in G.S.160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)        Contract with andundertake agreements with units of local government in accordance with thepowers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160Aof the General Statutes.

(8)        Regulate floodwayson the reservation in accordance with the powers granted in G.S. 160A‑458.1and Article 21, Part 6, of Chapter 143 of the General Statutes.

(8a)      Repealed by SessionLaws 2007‑269, s. 4. For effective date, see editor's note.

(9)        Assign duties givenby the statutes listed in the preceding subdivisions to a local official to theSecretary's designee.

(9a)      Repealed by SessionLaws 2007‑269, s. 4. For effective date, see editor's note.

(10)      Adopt rules to carryout the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028,s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589,s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59,s. 5; 1997‑443, s. 11A.118(a); 1999‑140, s. 4; 2007‑269, s.4.)

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