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State of North Carolina Regulation of Mountain Ridge Construction by Counties & Cities Ordinance

Urban | Suburban | Rural
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, and a city of 50,000 or larger may apply the ordinance to other mountains within its extraterritorial planning jurisdiction. Section 113A-211 allows local governments to levy fines against or enjoin violators. Should a city or county choose to enact ordinances pursuant to its authority under the Act, §113A-214 provides that the provisions of the Act “shall” apply unless a jurisdiction adopts an ordinance exempting itself from it.