Laserfiche WebLink
(b) North Carolina has a state compulsory building code, which applies <br />throughout the state (NCGS 143- 138(c)). However, municipalities and <br />counties may adopt codes for their respective areas if approved by the state as <br />providing "adequate minimum standards" (NCGS 143- 138(e)). Local <br />regulations cannot be less restrictive than the state code. Exempted from the <br />state code are: public utility facilities other than buildings; liquefied petroleum <br />gas and liquid fertilizer installations; farm buildings outside municipal <br />jurisdictions. No state permit may be required for structures under $20,000. <br />(Note that exemptions apply only to state, not local permits). <br />(c) Local governments in North Carolina are also empowered to carry out <br />building inspection. NCGS 160A, Art. 19. Part 5; and 153A Art. 18, Part 4 <br />empower cities and counties to create an inspection department, and <br />enumerates its duties and responsibilities, which include enforcing state and <br />local laws relating to the construction of buildings, installation of plumbing, <br />electrical, heating systems, etc.; building maintenance; and other matters. <br />C. Land Use. Regulatory powers granted by the state to local governments are the most <br />basic manner in which a local government can control the use of land within its jurisdiction. <br />Through various land use regulatory powers, a local government can control the amount, <br />timing, density, quality, and location of new development. All these characteristics of growth <br />can determine the level of vulnerability of the community in the event of a natural hazard. <br />Land use regulatory powers include the power to engage in planning, enact and enforce <br />zoning ordinances, floodplain ordinances, and subdivision controls. <br />D. Zoning. Zoning is the traditional and nearly universal tool available to local governments <br />to control the use of land. Broad enabling authority for municipalities in North Carolina to <br />engage in zoning is granted in NCGS 160A -381; and for counties in NCGS 153A -340 <br />(counties may also regulate inside municipal jurisdiction at the request of a municipality <br />(NCGS 160A- 360(d)). The statutory purpose for the grant of power is to promote health, <br />safety, morals, or the general welfare of the community. Land "uses" controlled by zoning <br />includes the type of use (e.g., residential, commercial, industrial) as well as minimum <br />specifications for use such as lot size, building height and set backs, density of population, <br />and the like. The local government is authorized to divide its territorial jurisdiction into <br />districts, and to regulate and restrict the erection, construction, reconstruction, alteration, <br />repair or use of buildings, structures, or land within those districts (NCGS 160A -382). <br />Districts may include general use districts, overlay districts, and special use or conditional <br />use districts. Zoning ordinances consist of maps and written text. <br />E. Floodplain Regulation. <br />1. In the summer of 2000, the North Carolina General Assembly adopted an act <br />entitled "An Act to Prevent Inappropriate Development in the One Hundred -Year <br />Floodplain and to Reduce Flood Hazards ". By this act, the North Carolina statutes <br />regulating development within floodways were rewritten to include floodplain <br />regulation (NCGS 143- 214.51- 214.61). The purpose of the new law is to: <br />J <br />Annex C County Capability Assessment C -3 December 2009 <br />Attachment number 11 <br />F -6 Page 139 <br />