H1064: City of Southport/Remove ETJ Authority. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading


AN ACT to prohibit the city of southport from exercising planning and development regulation beyond its contiguous corporate limits.



The General Assembly of North Carolina enacts:



SECTION 1.(a)  Notwithstanding the provisions of G.S. 160D‑202(a), the City of Southport shall not exercise any of the powers granted to cities under Chapter 160D of the General Statutes or its predecessor, Article 19 of Chapter 160A of the General Statutes, beyond its contiguous corporate limits.



SECTION 1.(b)  The relinquishment of jurisdiction over an area that the City of Southport is regulating under the authority of Chapter 160D of the General Statutes or its predecessor, Article 19 of Chapter 160A of the General Statutes, shall become effective July 1, 2024.



SECTION 1.(c)  Upon relinquishment of jurisdiction over an area that the City of Southport is regulating under the authority of Chapter 160D of the General Statutes or its predecessor, Article 19 of Chapter 160A of the General Statutes, the following shall apply:



(1)        The City's regulations and powers of enforcement shall remain in effect until (i) Brunswick County has adopted the regulation or (ii) a period of 60 days has elapsed following July 1, 2024, the date the relinquishment becomes effective, whichever is sooner. Prior to the transfer of jurisdiction, Brunswick County may hold hearings and take other measures consistent with G.S. 160D‑204 that may be required in order to adopt and apply its development regulations for the area at the same time it assumes jurisdiction.



(2)        Any person who has acquired vested rights in the City of Southport may exercise those rights as if no change of jurisdiction had occurred. Brunswick County, in acquiring jurisdiction over the area, may take any action regarding the development approval, certificate, or other evidence of compliance that could have been taken by the City of Southport pursuant to its development regulations. Except as provided in this subdivision, any building, structure, or other land use in an area over which Brunswick County has acquired jurisdiction is subject to the development regulations of Brunswick County.



SECTION 2.  This act is effective when it becomes law.