§ 62-106. Effect of local ordinances. - North Carolina Statutes

§ 62‑106.  Effectof local ordinances.

Within 30 days after receipt of notice of an application as provided byG.S. 62‑102, a municipality or county shall file with the Commission andserve on the applicant the provisions of an ordinance that may affect theconstruction, operation, or maintenance of the proposed transmission line inthe manner provided by the rules of the Commission.  If the municipality orcounty does not serve notice as provided above of any such ordinanceprovisions, the provisions of such ordinance may not be enforced by themunicipality or county.  If the applicant proposes not to comply with any partof the ordinance, the applicant may move the Commission for an order preemptingthat part of the ordinance.  Service of the motion on the municipality orcounty by the applicant shall make the municipality or county a party to theproceeding.  If the Commission finds that the greater public interest requiresit, the Commission may include in a certificate issued under this Article anorder preempting any part of such county or municipal ordinance with respect tothe construction, operation or maintenance of the proposed transmission line. (1991, c. 189, s. 1.)