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Mecklenburg County Soil Erosion and Sedimentation Control
Date Added: Wednesday, December 2, 2015Erosion & Sedimentation Control
North Carolina
Municipal
This ordinance applies to all land-disturbing activities, except forest activity that follows the state forest practice guidelines and agriculture, but requires a sediment and erosion control plan only on activities that disturb more than one acre. The ordinance controls the length, location, and area of soil exposure and requires weekly monitoring and post-storm event monitoring. In addition this ordinance is designed to facilitate the county’s efforts to assess penalties on those in non-compliance, by including a thorough list of violations a..
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County of Catawba Building Services Fee Schedule – Green Building Incentives
Date Added: Wednesday, February 10, 2016Green Buildings & Energy Efficiency
North Carolina
Municipal
Under the Catawba County Building Services Fee Schedule, the County provides owners of new construction with a rebate off of blanket permit fees if the structures achieve certification in a designated green building program. Catawba County, North Carolina, is located in the foothills of the Blue Ridge Mountains which provide moderate winter temperatures and summer breezes. The County covers 405 square miles, consisting of 8 municipalities and an estimated population of over 150,000 inhabitants.
Under the fee schedule new structures are e..
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Town of Chapel Hill Energy Conservation in Design and Construction of New and Renovated Town Buildings
Date Added: Wednesday, February 10, 2016Green Buildings & Energy Efficiency
North Carolina
Municipal
Chapel Hill, North Carolina passed an “Energy Conservation in Design and Construction of New and Renovated Town Buildings” ordinance to require the greening of public buildings. The ordinance makes it mandatory for new municipal buildings and additions greater than 5,000 square feet to achieve “Silver” level LEED certification. The ordinance also gives the Town Council authority to require buildings and additions smaller than 5,000 square feet to achieve LEED silver certification. The ordinance does not apply to retrofits or renovations of t..
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City of Greensboro Soil Erosion and Sedimentation Control Ordinance
Date Added: Wednesday, February 24, 2016Erosion & Sedimentation Control
North Carolina
Municipal
The purpose of this ordinance is to “regulate certain land-disturbing activity to control accelerated erosion and sedimentation to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation”. Permits for land disturbing activity are required for properties that meet certain conditions. Generally, a soil erosion and sedimentation control plan is required and must contain the control objectives including identifying critical areas, limiting time of exposure, limiting exposed ar..
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Template Solar Energy Development Ordinance for North Carolina
Date Added: Wednesday, June 29, 2016Solar Energy
North Carolina
State
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems, in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 Solar Energy Systems include those that are “ground-mounted on an area of up to 50 [percent] of the footprint of the primary structure on the parcel but no more than [one] acre,” and Level 2 Solar Energy Systems are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 ac..
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Town of Apex Exterior Lighting Ordinance
Date Added: Wednesday, January 25, 2017Lighting
North Carolina
Municipal
While the primary purpose of the ordinance is for human safety and minimizing the negative effects of lighting disturbance to neighboring properties, reducing excessive lighting not only conserves energy, but also increases visibility of the night sky resource...
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City of Rocky Mount, North Carolina Land Development Code § 704(C)(9) – Solar access
Date Added: Tuesday, June 12, 2018Solar Energy
North Carolina
Municipal
The City of Rocky Mount, North Carolina’s landscaping regulations apply to all proposed development for which a site plan is required; however, if existing development on an adjoining lot is designed for solar access, the regulations authorize site plan applicants to substitute small trees for large trees where large trees would destroy solar access...
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Town of Davidson, NC HIA in Comprehensive Plan
Date Added: Thursday, August 12, 2021Healthy Communities, Health Impact Assessments
North Carolina
Municipal
The Town of Davidson, North Carolina did a Health Impact Assessment to determine the progress they have made from their previous comprehensive plan and determine what must be included in the town’s new comprehensive plan to further the goals of the community. The goal was to collect data on the town’s current position and develop a myriad of suggestions to promote healthy programs, policies, and infrastructure. The HIA was funded by the Center for Disease Control and Prevention’s Healthy Community Design Initiative and was a key resource for Da..
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North Carolina Planned Unit Development Ordinance
Date Added: Thursday, April 6, 2017Planned Unit Development
North Carolina
State
Although there is no independent statute granting cities the authority to allow PUDs, Section 160A-385.1, dealing with vesting rights, specifically names PUDs as one of the types of developments for which a developer may submit a site-specific plan and, upon the city’s approval, gain a vested right. Thus, it can be implied from this statute that cities do have authority to permit PUDs. (See Vested Rights, below.)..
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Town of Hilton Head Island Real Estate Transfer Fee Ordinance
Date Added: Thursday, April 6, 2017Real Estate Transfer Fee
North Carolina
Municipal
Hilton Head’s Real Estate Transfer Fee is the only one of its kind in the state of South Carolina because it was enacted three years prior to the General Assembly’s adoption of S.C. Code Ann. § 6-1-70 , which forbade real estate real estate transfer fees and taxes. However, § 6-1-70 grandfathered all such fees that were in existence prior to January 1, 1991. The year prior to the General Assembly’s adoption of § 6-1-70, the Supreme Court of South Carolina upheld the ordinance as “necessary and proper for the general welfare of the citizens o..
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North Carolina Watershed Planning Ordinance
Date Added: Thursday, April 6, 2017Watershed Planning
North Carolina
State
Section 143-214.5 requires local governments to adopt water-supply watershed management programs to improve or protect future or existing water supplies. The state Environmental Management Commission designates locations that qualify as watersheds and which thus must be protected under this section. § 143-214.5(d). A local government’s program must meet the minimum standards established by the state Environmental Management Commission. § 143-214.5(a). The Commission is directed to assist local governments in creating their programs in part by d..
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City of Asheville Hillside Area Development Ordinance
Date Added: Thursday, April 13, 2017Ridgeline Protection
North Carolina
Municipal
This law regulates the density of development on steep slopes and high elevations. It makes use of natural topography and relative steepness of slope to determine the nature of development and grading...
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City of Charlotte Development Approval Ordinance
Date Added: Thursday, April 13, 2017Pre-Application & Consensus Building
North Carolina
Municipal
A public notification process is formalized in the development process for certain land uses to engage the public in a heightened fashion and consider their suggestions before the process is finalized...
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Town of Duck Rebuilding & Reconstruction; Damaging Storms Ordinance
Date Added: Friday, April 14, 2017Coastal Protection, Sea Level Rise Adaptation
North Carolina
Municipal
The Town of Duck, on North Carolina’s Outer Banks, is a coastal community that has adapted local regulations implementing the State’s Coastal Areas Management Act of 1974. The Act encourages cooperative land use planning between the state and local governments and is the State’s policy that “adequate plans for post-disaster reconstruction should be prepared by and coordinated between all levels of government prior to the advent of a disaster.” The town of Duck created a short-term building moratorium to allow the community time to assess dama..
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City of Greensboro Repairing Buildings for Human Inhabitation Ordinance
Date Added: Saturday, April 15, 2017Vacant & Distressed Properties
North Carolina
Municipal
The North Carolina Legislature enacted a statute for the City of Greensboro allowing the local legislature to assign a public officer authority to serve complaints upon the owner/party in interest of homes that do not meet the minimum standards of their housing code. Before issuing a complaint, the public officer must be notified by at least five residents of the breach of the housing code. The complaint shall notify that owner/party in interest that they have 10-30 days to schedule a public meeting, and that they have the right to file an an..
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City of Greensboro Pedestrian Scale Overlay District
Date Added: Wednesday, April 19, 2017Overlay District
North Carolina
Municipal
The Pedestrian Scale Overlay District encourages infill, mixed-use and urban revitalization; features reduced setbacks and reduced parking requirements; and sidewalks and trails...
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City of Wilmington Mixed Use District Ordinance
Date Added: Sunday, August 28, 2016Incentive Zoning, Mixed/Multiple Use
North Carolina
Municipal
This ordinance provides for the granting of density bonuses for various environmental improvements, transportation enhancements, affordable housing, preservation of historic resources and improvement of pedestrian facilities. The more significant the community benefit, the greater the bonus awarded. ..
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County of Mecklenburg Green Permit Fee Rebate
Date Added: Saturday, August 27, 2016Green Buildings & Energy Efficiency
North Carolina
Municipal
Mecklenburg County, which is located in the southwestern portion of North Carolina, contains seven municipalities and includes the state capital, Charlotte. The County has an area of 546 square miles and approximately 953,304 residents, making it the most populous county in North Carolina. As a 50% population increase is projected in the next 25 years, the County is prioritizing the protection of its natural resources.
Part of this plan is the County’s Green Permit Fee Rebate Ordinance, which provides reductions or partial rebates of build..
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City of Chapel Hill Watershed Protection District
Date Added: Monday, May 1, 2017Watershed Protection, Wetlands & Watercourse Protection
North Carolina
Municipal
This ordinance focuses on watershed protection for the New Hope Watershed that drains into Jordon Lake. It sets limits for development in the Watershed District and describes the uses within the area. The Board of Adjustment is empowered to ensure that the regulations in the law are followed...
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City of Charlotte Transit Oriented Development Districts
Date Added: Monday, May 1, 2017Overlay District, Transit Oriented Development (TOD)
North Carolina
Municipal
Charlotte’s Transit Oriented Development (TOD) zoning district and the related overlay districts were created to encourage a compact and high intensity mix of residential, office, retail, institutional, and civic uses in areas with high potential for enhanced transit and pedestrian activity. To achieve the high-density mixed districts, minimum densities and floor area ratios (FAR) increase in areas closest to transit stations. In addition, development standards, such as minimum building setbacks, are implemented to encourage pedestrian friendly..
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State of North Carolina Watershed Improvement Programs Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Watershed Planning
North Carolina
State
All counties are authorized to create watershed improvement programs and required to implement water-supply watershed protection programs (see Water-Supply Watershed Planning, below). Section 153A-440.1 gives counties the authority to establish and maintain a county watershed program pursuant to § 139-41 or § 139-41.1 in Article 3 of Chapter 139. Section 139-41 provides that if a majority of voters in a county approves the levying of a watershed improvement tax, the board of county commissioners will have all the powers of “soil and water conse..
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State of North Carolina Adult Entertainment Ordinances
Date Added: Sunday, May 7, 2017Adult Entertainment, State Land Use Law
North Carolina
State
Section 160A-181.1 authorizes cities and counties to regulate sexually oriented businesses through zoning ordinances, licensing requirements, or other “appropriate ordinances.” Such regulations may include, but are not limited to: restrictions on the location; restrictions on operations, including, inter alia, hours and exterior advertising and noise; reasonable moratoria on new or expanded facilities while studies are conducted and ordinances are considered; and requirements that existing businesses come into compliance with new ordinances. § ..
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State of North Carolina Low & Moderate Income Housing Programs
Date Added: Sunday, May 7, 2017Affordable Housing , State Land Use Law, Zoning
North Carolina
State
This ordinance allows counties to exercise enumerated powers in creating affordable housing...
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Town of Huntersville Surface Water Improvement & Management – Stream Buffers Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Floodwater Management, Zoning, Wetlands & Watercourse Protection
North Carolina
Municipal
This ordinance amends the current zoning regulations to create a “stream buffer network” that will filter pollutants, store floodwater, provide habitat, and contribute to the “green infrastructure.” The buffer is divided into three sections, streamside zone, managed use zone, and upland zone. Each zone has varying level of restrictions, the streamside zone being the most restrictive and the upland zone being the least restrictive. ..
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State of North Carolina Agricultural Land Protection Ordinance - Cities
Date Added: Sunday, May 7, 2017Historic Preservation, Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, cities have the authority to acquire conservation easements and other interests in property for the purpose of retaining the land for, among other uses, agriculture, horticulture, and farming. § 121-35, § 121-37. (See Conservation Easements, above.) Additionally, North Carolina has a statutorily stated goal of preserving one million acres of farm lands, open space, and conservation lands by 2009. §§ 113A-240, 241. However, the provisions of t..
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State of North Carolina Agricultural Land Protection Ordinance – Counties
Date Added: Sunday, May 7, 2017Open Space Preservation, Agriculture, State Land Use Law, Farmland Protection & Preservation
North Carolina
State
Counties have all the same powers with regard to agricultural land protection as cities have (see above). Additionally, counties have further authority, not provided to cities, under the Farmland Preservation Enabling Act, located at Article 61 within Chapter 106. Under § 106-736, counties may establish by ordinance a farmland preservation program. Such a program must provide for the establishment of voluntary agricultural districts consisting of a minimum number of acres (to be determined by the board of commissioners) and the formation of suc..
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State of North Carolina Design Control Ordinances
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Architectural Design Control
North Carolina
State
Part 7 of Article 19 in Chapter 160A details the authority to cities and counties to create community appearance commissions. Section 160A-451 permits a city or county to create an official appearance commission. This commission is required to study the “visual problems” within the local government’s jurisdiction and make plans to carry out programs that will “enhance and improve” the city or county’s “visual quality and aesthetic characteristics.” § 160A-452. In addition to other its powers and duties, the commission may advise the planning ag..
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State of North Carolina Emission of Pollutants or Contaminants Ordinance
Date Added: Sunday, May 7, 2017Emissions, State Land Use Law
North Carolina
State
Under § 160A-185, cities have the authority to pass ordinances that regulate or prohibit the emission of pollutants that “tend to pollute or contaminate the land, water, or air.” This section also gives cities the power to enact ordinances to regulate the illegal disposal of solid waste and to provide for enforcement of such ordinances by civil penalties. Any ordinance passed under this section must be “consistent with and supplementary to State and federal laws and regulations.”..
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State of North Carolina Environmental Impact Review Procedures
Date Added: Sunday, May 7, 2017Environmental Impact Review Requirements, State Land Use Law
North Carolina
State
North Carolina’s Environmental Policy Act, found at Article 1 in Chapter 113A, is modeled on the National Environmental Policy Act (NEPA). The act applies to state agencies, but not local agencies. Under § 113A-8 of the act, however, local governments may require by ordinance “any special-purpose unit of the government or private developer of a major development project” to submit an environmental impact statement, as defined at § 113A-4(2). Any such ordinance must be applied consistently and shall exempt projects for which an EIS or its equiva..
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State of North Carolina Erosion & Sedimentation Control Ordinances
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, State Land Use Law
North Carolina
State
Under the Conservation and Historic Preservation Agreements Act, found at Article 4 within Chapter 121, local governments have the authority to acquire conservation easements and other interests in property for the purpose of preventing activities that are detrimental to erosion control or soil conservation. § 121-35(1)(vii), § 121-37. (See Conservation Easements, above.) North Carolina gives primary responsibility for erosion and sedimentation control to the Department of Environment and Natural Resource’s Sedimentation Control Commission, pur..
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State of North Carolina Floodplain Protection Ordinances
Date Added: Sunday, May 7, 2017Flood Prevention, Floodplain Regulations, State Land Use Law
North Carolina
State
Provisions regarding the authority of local governments to regulate use in floodplains are found in Part 6, Article 21, of Chapter 143. Under § 143-215.54, local governments are authorized to adopt ordinances to regulate uses in flood hazard areas and to grant permits for use in such areas. Flood hazard areas are defined at § 143-252(1d) as areas that local government has determined that development must be regulated in order to prevent flood damage. Base floodplains, defined at § 143-252(1b) as areas subject to a 1% or greater chance of floodi..
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State of North Carolina Historic District Preservation Ordinances
Date Added: Sunday, May 7, 2017Historic District Preservation, State Land Use Law
North Carolina
State
Under the enabling statutes found within Chapter 160A, Article 19, at Part 3C, both cities and counties (“municipalities”) have the authority to establish historic districts and designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.4. “Such ordinances may treat historic districts as either a separate use district classification or as districts which overlay other zoning districts.” § 160A-400.4. Before a municipality can establish a historic district, it must appoint a historic preservation commission. § 160A-400...
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State of North Carolina Landmark Preservation Ordinances
Date Added: Sunday, May 7, 2017Landmark Preservation, State Land Use Law
North Carolina
State
Under the enabling statutes found at Part 3C, Article 19 in Chapter 160A, both cities and counties (“municipalities”) have the authority to designate landmarks as part of a zoning or other ordinance. § 160A-400.2, § 160A-400.5. Before a municipality can establish a landmark, it must appoint a historic preservation commission § 160A-400.7. To designate a landmark, this commission must undertake an inventory of the properties of historic, architectural, prehistorical, and cultural significance within the municipality’s jurisdiction. § 160A-400.6...
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North Carolina Moratoria on Development Ordinances
Date Added: Sunday, May 7, 2017Moratoria, State Land Use Law
North Carolina
State
With the exception of statutorily authorized moratoria on sexually oriented businesses, found at § 160A-181.1(d), North Carolina does not grant local governments the explicit authority to place moratoria on development. However, under §§ 160A-4 and § 153A-4, city and county authority, respectively, is to be broadly construed. Thus, the power of local governments to place moratoria on development can probably be implied from both their general police power and their zoning authority...
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State of North Carolina Mountain Ridge Protection Act
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
This section authorizes cities to adopt the Mountain Ridge Protection Act and provides that if a city does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
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State of North Carolina Mountain Ridge Protection Act – Counties
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
This section authorizes counties to adopt the Mountain Ridge Protection Act and provides that if a county does so, it must comply with all the Act’s provisions unless it specifically removes itself from coverage...
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City of Belmont Traditional Neighborhood Development Ordinance
Date Added: Sunday, May 7, 2017Development Standards, Quality of Life, Site Design Standards
North Carolina
Municipal
The intent of the Traditional Neighborhood Development Provision “is to minimize traffic congestion, suburban sprawl, infrastructure costs, and environmental degradation”. The ordinance contains general standards and provisions, in addition to design standards for public and civic areas, shop fronts, businesses, multifamily and single family, and general architectural design standards...
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State of North Carolina Overlay Zoning Ordinances – Cities
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants cities the authority to employ overlay zoning at § 160A-382, the general statute that authorizes the creation of districts for zoning. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1 allows cities to create manufactured home overlay districts within defined areas of residential districts, and § 160A-400.4 allows their use for the designation of historic districts. Cities may not include in an overlay district land owned by the State of North Carolina w..
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State of North Carolina Overlay Zoning Ordinances – Counties
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants counties the authority to employ overlay zoning at § 153A-342, the general statute that authorizes counties to create zoning districts. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1, which is made applicable to counties at § 153A-341.1, allows counties to create manufactured home overlay districts within defined areas of residential districts. Section 160A-400.4 allows the use of overlay districts for the designation of historic districts. Counties m..
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State of North Carolina Regulation of Mountain Ridge Construction by Counties & Cities Ordinance
Date Added: Sunday, May 7, 2017Ridgeline Protection, State Land Use Law
North Carolina
State
Summary inserted Under the Mountain Ridge Protection Act, found within Chapter 113 at Article 14, cities and counties may regulate or ban the construction of buildings and other structures taller than 40 feet on “protected mountain ridges.”§ 113A-208. Section 113A-206 defines “protected mountain ridges” as those at least 3,000 feet above sea level and 500 feet above the adjacent valley floor, and a “ridge” as that portion of a mountain within 100 feet of its crest. Under § 113A-208(d), local governments may also protect lower mountain ridges, a..
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State of North Carolina Scenic Resource Protection Ordinance
Date Added: Sunday, May 7, 2017Scenic Resources, State Land Use Law, Natural Resource Protection & Conservation
North Carolina
State
At § 160A-402, the North Carolina General Assembly declares that “the rapid growth and spread of urban development in the state” is threatening many open spaces and areas that have significant “scenic or esthetic values,” and that cities and counties should have the authority to spend public funds to acquire property interests in such open spaces and areas to protect them. Open spaces and open areas are defined at § 160A-407(a) as “any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condit..
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State of North Carolina Zoning Enabling Act
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Zoning
North Carolina
State
Grant of power
Section 153A-340 permits, but does not require, counties to pass zoning ordinances for the purpose of promoting health, safety, morals, or the general welfare of the community. These ordinances may regulate and restrict the size, location, and use of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and population density. This section also allows counties to provide density credits or severable development rights pursuant to § 136-66.10 or § 136-66.11, and to..
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State of North Carolina Statutory Rules Ordinance – Cities
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
North Carolina
State
In 1971, North Carolina adopted a legislative rule of broad construction of powers delegated to cities. Section 160A-4 provides that “the cities of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of the city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.”
..
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State of North Carolina Statutory Rules Ordinance – Counties
Date Added: Sunday, May 7, 2017Local Governance, State Land Use Law
North Carolina
State
In 1973, the North Carolina General Assembly adopted § 153-4, which provides that “the counties of this state should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To this end, the provisions of this Chapter and of local acts shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.” Thus counties are granted the same legislative rule of broa..
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State of North Carolina Stormwater Management Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
North Carolina
State
Under § 160A-312, cities have the authority to own, maintain, and operate “public enterprises” inside or outside their corporate limits, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which cities have such authority. § 160A-311(10). Under § 160A-314, cities have the power to fix and en..
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State of North Carolina Stormwater Management Ordinance – Counties
Date Added: Sunday, May 7, 2017State Land Use Law, Stormwater Management
North Carolina
State
Under § 153A-275, counties have the authority to own, maintain, and operate “public enterprises” inside or outside their borders, and to protect and regulate such public enterprises by “adequate and reasonable rules.” Stormwater management programs “designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater” are explicitly included in the definition of “public enterprises” over which counties have such authority. § 153A-274(7). Under § 153A-277, counties have the power to fix and enforc..
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State of North Carolina Subdivision Regulations Ordinances
Date Added: Sunday, May 7, 2017State Land Use Law, Subdivision Approvals, Subdivision Regulations
North Carolina
State
Section 153A-330 authorizes counties to regulate subdivisions, which are defined by § 153A-335 as the sale of two or more lots of less than 10 acres from previously undivided land, excluding the division of less than two acres into no more than three lots. If a county has chosen to zone only portions of its jurisdiction, it may adopt subdivision regulations that apply only within those portions. Section 153A-331 allows counties to include provisions in their subdivision ordinances to ensure the following: the public dedication or reservation of..
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State of North Carolina Tree Preservation Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Tree Preservation & Protection
North Carolina
State
North Carolina does not have specific enabling legislation allowing cities and counties to regulate tree preservation. Nevertheless, a number of local governments have passed ordinances dealing with tree preservation, including the Cities of Charlotte and Greensboro. The City of Greensboro cited its general power to pass ordinances under § 160-174 as authority for creating its Advisory Commission on Trees, which manages its Tree Preservation Ordinance. GREENSBORO, NC CODE §§ 30-9-13 et. seq., §§ 30-5-4...
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State of North Carolina Watercourse Protection Ordinance
Date Added: Sunday, May 7, 2017Buffer Zones, State Land Use Law, Wetlands & Watercourse Protection
North Carolina
State
Watercourse protection in North Carolina falls primarily to the North Carolina Department of Environment and Natural Resources (DENR), although local governments may apply for a limited role. DENR is responsible for promulgating rules for riparian buffer protection to safeguard watercourses. Under § 143-214.23, a local government may request that DENR delegate responsibility for implementing any riparian buffer protection programs the Department may implement.
Additionally, DENR administers the Natural and Scenic Rivers Act of 1971, located ..
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State of North Carolina Wetlands Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wetlands & Watercourse Protection
North Carolina
State
Cities and counties have a fairly limited role in wetlands protection. The provisions for North Carolina’s Wetlands Restoration Program are found at §§ 143-214.8 to 214.13 within Article 21 of Chapter 143. It is a statewide, non-regulatory program established within and operated by the North Carolina Department of Environment and Natural Resources (DENR) for the purposes of restoring wetlands and replacing critical wetlands functions. § 143-214.8, § 143-214.9. As part of the program, DENR manages a Wetlands Restoration Fund, through which local..
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State of North Carolina Wildlife Habitat Protection Ordinance
Date Added: Sunday, May 7, 2017State Land Use Law, Wildlife & Fish Habitat
North Carolina
State
Cities and counties have some authority over wildlife habitat protection by virtue of their ability to implement watershed improvement projects, which are defined at § 139-3(17) as those involving flood prevention, drainage improvement, water supply, soil and water conservation, recreation facilities, fish and wildlife habitat, or other related purposes. (See Watershed Planning, above.) However, North Carolina gives primary responsibility for protecting wildlife habitat to the state-level Natural Heritage Program under the Nature Preserves Act,..
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City of Chapel Hill Land Use Management Ordinance
Date Added: Tuesday, May 9, 2017Land Use Planning, Zoning
North Carolina
Municipal
The Chapel Hill Land Use Management Ordinance establishes standards and procedures for new development and redevelopment in the Town. The document provides rules under the Comprehensive Plan that tell applicants what is expected in order to gain approval to develop land in the town. The Ordinance provides the different requirements for the zoning districts...
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Buncombe County Land Development and Subdivision Ordinance
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Stormwater Management, Subdivision Regulations
North Carolina
Municipal
The purpose of this chapter of the Buncombe County Land Development and Subdivision Ordinance is to establish procedures and standards for the subdivision of land within the county to facilitate the adequate provision of streets, water, sewage, disposal, and other considerations essential to public health, safety, and general welfare. Section 70-66 sets forth general requirements of subdivision standards to serve this purpose. These include conformity to existing maps or plans, the continuation of adjoining road systems and road names whenever ..
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County of Camden Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
North Carolina
Municipal
In Camden County, North Carolina solar farms are permitted in all zoning districts, however, a special use permit must first be acquired. Within its zoning code, Camden County integrated a sub-section outlining standards for solar farms such as a minimum lot size, minimum setbacks, and a 50-foot buffer from routine view. Solar collectors as an accessory use are also permitted in all zoning districts in Camden County, however, in order to install them, an applicant must either obtain a special use permit (if there are three or more collectors) o..
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City of Asheville Zoning Regulations; Chapter 7 – Development, Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
North Carolina
Municipal
In its lengthy Zoning Ordinance, the City of Asheville has dedicated only a small subsection to the implementation of solar energy systems within its zoning districts. In Sec. 7-14-1(b)(a), the City’s only real general requirement is that “private, non-commercial solar energy systems shall comply with the minimum setback requirements.” The subsection goes on to describe the requirements for a variance the Board of Adjustment may grant to decrease the required setbacks or allow the installation to be located in the front yard. The subsection, ho..
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North Carolina’s Template Solar Energy Development Ordinance; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
North Carolina
State
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems (“SES”), in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 SESs include those that are ground-mounted on an area of up to 50 percent of the footprint of the primary structure on the parcel but no more than 1 acre. Level 2 SESs are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 acres in general commercial business a..
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Carrboro, North Carolina Tree Requirements
Date Added: Tuesday, August 31, 2021Energy Efficiency & Conservation, Climate Change Planning
North Carolina
Municipal
Town of Carrboro, North Carolina sets requirements for tree retention and protection in parking lots, new developments, and more. There is a tree canopy coverage minimum for every lot or tract for which a zoning, special use, or conditional use permit is issued. Residential developments must meet a minimum of 40% lot coverage. If existing canopy is less than this, additional trees should be planted. Increasing trees acts as “air conditioning for cities” and can help mitigate Urban Heat Island. No pavement can be closer than 15 feet to the trunk..
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As-of-right ADU in Raleigh, NC
Date Added: Tuesday, August 31, 2021Accessory Uses , Affordable Housing
North Carolina
Municipal
Previously restricted ADU construction to a specific overlay zone, did not allow ADUs as of right in any residential zone, and required residents to petition their neighbors when seeking to develop ADUs on their property. Now, Raleigh allows ADUs as of right in all residential zones without any significant restriction on their construction or subsequent use. This promotes affordable housing and encourages diversity in both housing stock and occupancy...
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Repairing Buildings for Human Habitation Ordinance
Date Added: Thursday, June 2, 2022Quality of Life, Displacement
North Carolina
Municipal
Greensboro, NC repairing Buildings for Human Habitation Ordinance combines a repair or
destroy strategy with a code enforcement strategy. The city inspector can serve complaints
on homeowners who violate minimum standards in Greensboro’s housing code. If the
inspector finds conditions rendering a building unfit for human habitation, such as a lack of
ventilation or unsanitary conditions, the inspector issues a complaint to the property
owner. After a public meeting, the inspector determines whether the dwelling is unfit for
human habitati..
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