AG 2002 08 19 (Regular) - Laserfiche WebLink

Home Browse Search

(b) North Carolina has a state compulsory building code, which applies throughout the state (NCGS 143-138(c)). However, municipalities and counties may adopt codes for their respective areas if approved by the state as providing "adequate minimum standards" (NCGS 143-138(e)). Local regulations cannot be less restrictive than the state code. Exempted from the state code are: public utility facilities other than buildings; liquefied petroleum gas and liquid fertilizer installations; farm buildings outside municipal jurisdictions. No state permit may be reqUired for structures under $20,000. (Note that exemptions apply only to state, not local permits). (c) Local governments in North Carolina are also empowered to carry out building inspection. NCGS 160A, Art. 19. Part 5; and 153A Art. 18, Part 4 empower cities and counties to create an inspection department, and enumerates its duties and responsibilities, which include enforcing state and local laws relating to the construction of buildings, installation of plumbing, electrical, heating systems, etc.; building maintenance; and other matters. C. Land Use. Regulatory powers granted by the state to local governments are the most basic manner in which a local government can control the use of land within its jurisdiction. Through various land use regulatory powers, a local government can control the amount, timing, density, quality, and location of new development. All these characteristics of growth can determine the level of vulnerability of the community in the event of a natural hazard. Land use regulatory powers include the power to engage in planning, enact and enforce zoning ordinances, floodplain ordinances, and subdivision controls. D. Zoning. Zoning is the traditional and nearly universal tool available to local governments to control the use oftand. Broad enabling authority for municipalities in North Carolina to engage in zoning is granted in NCGS 160A-381; and for counties in NCGS 153A-340 (counties may also regulate inside municipal jurisdiction at the request of a municipality (NCGS 160A- 360(d)). The statutory purpose for the grant of power is to promote health, safety, morals, or the general welfare of the community. Land "uses" controlled by zoning include the type of use (e.g., residential, commercial, industrial) as well as minimum specifications for use such as lot size, building height and set backs, density of population, and the like. The local government is authorized to divide its territorial jurisdiction into districts, and to regulate'and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land within those districts (NCGS 160A-382). Districts may include general use districts, overlay districts, and special use or conditional use districts. Zoning ordinances consist of maps and written text. E. Floodplain Regulation. 1. In the summer of 2000, the North Carolina General Assembly adopted an act entitled "An Act to Prevent Inappropriate Development in the One Hundred-Year Floodplain and to Reduce Flood Hazards". By this act, the North Carolina statutes regulating development within floodways were rewritten to include floodplain regulation (NC GS 143- 214.51-214.61 ). The purpose of the new law is to: - Minimize the extent of floods by preventing obstructions that inhibit water flow and increase flood height and damage. Draft Annex C v.3 C-2 1 June 2002