§ 143-215.57. Procedures in issuing permits. - North Carolina Statutes

§ 143‑215.57. Procedures in issuing permits.

(a)        A local government may establish application forms andrequire maps, plans, and other information necessary for the issuance ofpermits in a manner consonant with the objectives of this Part. For this purposea local government may take into account anticipated development in theforeseeable future that may be adversely affected by the obstruction, as wellas existing development. They shall consider the effects of a proposedartificial obstruction in a stream in creating danger to life and property by:

(1)        Water that may be backed up or diverted by the obstruction.

(2)        The danger that the obstruction will be swept downstream tothe injury of others.

(3)        The injury or damage at the site of the obstruction itself.

(b)        In prescribing standards and requirements for the issuanceof permits under this Part and in issuing permits, local governments shallproceed as in the case of an ordinance for the better government of the countyor city as the case may be. A city may exercise the powers granted in this Partnot only within its corporate boundaries but also within the area of itsextraterritorial zoning jurisdiction. A county may exercise the powers grantedin this Part at any place within the county that is outside the zoningjurisdiction of a city in the county. If a city does not exercise the powersgranted in this Part in the city's extraterritorial zoning jurisdiction, thecounty may exercise the powers granted in this Part in the city'sextraterritorial zoning jurisdiction. The county may regulate territory withinthe zoning jurisdiction of any city whose governing body, by resolution, agreesto the regulation. The governing body of a city may, upon one year's writtennotice, withdraw its approval of the county regulations, and those regulationsshall have no further effect within the city's jurisdiction.

(c)        The local governing body is hereby empowered to adoptregulations it may deem necessary concerning the form, time, and manner ofsubmission of applications for permits under this Part. These regulations mayprovide for the issuance of permits under this Part by the local governing bodyor by an agency designated by the local governing body, as prescribed by thegoverning body. Every final decision granting or denying a permit under thisPart shall be subject to review by the superior court of the county, with theright of jury trial at the election of the party seeking review. The time andmanner of election of a jury trial shall be governed by G.S. 1A‑1, Rule38(b) of the Rules of Civil Procedure. Pending the final disposition of anappeal, no action shall be taken that would be unlawful in the absence of apermit issued under this Part. (1971, c. 1167, s. 3; 2000‑150, s. 1.)