§ 160A-360. Territorial jurisdiction. - North Carolina Statutes

Article 19.

Planning and Regulationof Development.

Part 1. General Provisions.

§ 160A‑360.  Territorialjurisdiction.

(a)        All of the powersgranted by this Article may be exercised by any city within its corporatelimits. In addition, any city may exercise these powers within a defined areaextending not more than one mile beyond its limits. With the approval of theboard or boards of county commissioners with jurisdiction over the area, a cityof 10,000 or more population but less than 25,000 may exercise these powersover an area extending not more than two miles beyond its limits and a city of25,000 or more population may exercise these powers over an area extending notmore than three miles beyond its limits. The boundaries of the city'sextraterritorial jurisdiction shall be the same for all powers conferred inthis Article. No city may exercise extraterritorially any power conferred bythis Article that it is not exercising within its corporate limits. Indetermining the population of a city for the purposes of this Article, the citycouncil and the board of county commissioners may use the most recent annualestimate of population as certified by the Secretary of the North CarolinaDepartment of Administration.

(a1)      Any municipalityplanning to exercise extraterritorial jurisdiction under this Article shallnotify the owners of all parcels of land proposed for addition to the area ofextraterritorial jurisdiction, as shown on the county tax records. The noticeshall be sent by first‑class mail to the last addresses listed foraffected property owners in the county tax records. The notice shall inform thelandowner of the effect of the extension of extraterritorial jurisdiction, ofthe landowner's right to participate in a public hearing prior to adoption ofany ordinance extending the area of extraterritorial jurisdiction, as providedin G.S. 160A‑364, and the right of all residents of the area to apply tothe board of county commissioners to serve as a representative on the planningboard and the board of adjustment, as provided in G.S. 160A‑362. Thenotice shall be mailed at least four weeks prior to the public hearing. Theperson or persons mailing the notices shall certify to the city council thatthe notices were sent by first‑class mail, and the certificate shall bedeemed conclusive in the absence of fraud.

(b)        Any council wishingto exercise extraterritorial jurisdiction under this Article shall adopt, andmay amend from time to time, an ordinance specifying the areas to be includedbased upon existing or projected urban development and areas of criticalconcern to the city, as evidenced by officially adopted plans for itsdevelopment. Boundaries shall be defined, to the extent feasible, in terms ofgeographical features identifiable on the ground. A council may, in itsdiscretion, exclude from its extraterritorial jurisdiction areas lying inanother county, areas separated from the city by barriers to urban growth, orareas whose projected development will have minimal impact on the city. Theboundaries specified in the ordinance shall at all times be drawn on a map, setforth in a written description, or shown by a combination of these techniques.This delineation shall be maintained in the manner provided in G.S. 160A‑22for the delineation of the corporate limits, and shall be recorded in theoffice of the register of deeds of each county in which any portion of the arealies.

(c)        Where theextraterritorial jurisdiction of two or more cities overlaps, thejurisdictional boundary between them shall be a line connecting the midwaypoints of the overlapping area unless the city councils agree to anotherboundary line within the overlapping area based upon existing or projectedpatterns of development.

(d)        If a city fails toadopt an ordinance specifying the boundaries of its extraterritorialjurisdiction, the county of which it is a part shall be authorized to exercisethe powers granted by this Article in any area beyond the city's corporatelimits. The county may also, on request of the city council, exercise any orall these powers in any or all areas lying within the city's corporate limitsor within the city's specified area of extraterritorial jurisdiction.

(e)        No city mayhereafter extend its extraterritorial powers under this Article into any areafor which the county at that time has adopted and is enforcing a zoningordinance and subdivision regulations and within which it is enforcing theState Building Code. However, the city may do so where the county is notexercising all three of these powers, or when the city and the county haveagreed upon the area within which each will exercise the powers conferred bythis Article.

(f)         When a cityannexes, or a new city is incorporated in, or a city extends its jurisdictionto include, an area that is currently being regulated by the county, the countyregulations and powers of enforcement shall remain in effect until (i) the cityhas adopted such regulations, or (ii) a period of 60 days has elapsed followingthe annexation, extension or incorporation, whichever is sooner. During thisperiod the city may hold hearings and take any other measures that may berequired in order to adopt its regulations for the area.

(f1)       When a cityrelinquishes jurisdiction over an area that it is regulating under this Articleto a county, the city regulations and powers of enforcement shall remain ineffect until (i) the county has adopted this regulation or (ii) a period of 60days has elapsed following the action by which the city relinquishedjurisdiction, whichever is sooner. During this period the county may holdhearings and take other measures that may be required in order to adopt itsregulations for the area.

(g)        When a localgovernment is granted powers by this section subject to the request, approval,or agreement of another local government, the request, approval, or agreementshall be evidenced by a formally adopted resolution of that government'slegislative body. Any such request, approval, or agreement can be rescindedupon two years' written notice to the other legislative bodies concerned byrepealing the resolution. The resolution may be modified at any time by mutualagreement of the legislative bodies concerned.

(h)        Nothing in thissection shall repeal, modify, or amend any local act which defines the boundariesof a city's extraterritorial jurisdiction by metes and bounds or courses anddistances.

(i)         Whenever a city orcounty, pursuant to this section, acquires jurisdiction over a territory thattheretofore has been subject to the jurisdiction of another local government,any person who has acquired vested rights under a permit, certificate, or otherevidence of compliance issued by the local government surrendering jurisdictionmay exercise those rights as if no change of jurisdiction had occurred. The cityor county acquiring jurisdiction may take any action regarding such a permit,certificate, or other evidence of compliance that could have been taken by thelocal government surrendering jurisdiction pursuant to its ordinances andregulations. Except as provided in this subsection, any building, structure, orother land use in a territory over which a city or county has acquiredjurisdiction is subject to the ordinances and regulations of the city orcounty.

(j)         Repealed bySession Laws 1973, c. 669, s. 1. (1959, c. 1204; 1961, c. 103; c. 548, ss. 1, 13/4; c.1217; 1963, cc. 519, 889, 1076, 1105; 1965, c. 121; c. 348, s. 2; c. 450, s. 1;c. 864, ss. 3‑6; 1967, cc. 15, 22, 149; c. 197, s. 2; cc. 246, 685; c.1208, s. 3; 1969, cc. 11, 53; c. 1010, s. 5; c. 1099; 1971, c. 698, s. 1; c.1076, s. 3; 1973, c. 426, s. 56; c. 525; c. 669, s. 1; 1977, c. 882; c. 912,ss. 2, 4; 1995 (Reg. Sess., 1996), c. 746, s. 1; 2005‑418, s. 10.)