S314: Eliminate ETJ Overlap. Latest Version

Session: 2025 - 2026

Senate
Passed 1st Reading
Rules


AN ACT TO ELIMINATE THE EXTRATERRITORIAL JURISDICTIONS OF Cities IN COUNTIES WITH ZONING Regulations TO PREVENT REGULATORY OVERLAP AND STREAMLINE LAND USE DECISIONS.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 160D‑202 reads as rewritten:



§ 160D‑202.  Municipal extraterritorial jurisdiction.





(a1)      Limitation on Authority. – Notwithstanding subsection (a) of this section, no city shall exercise the powers granted to cities under this Chapter beyond its contiguous corporate limits in a county that has adopted a zoning or unified development ordinance.





(c)        County Approval of City Jurisdiction. – Notwithstanding subsection (a) of this section, no city may extend its extraterritorial powers into any area for which the county has adopted and is enforcing county zoning and subdivision regulations. However, the city may do so where the county is not exercising both of these powers, or when the city and the county have agreed upon the area within which each will exercise the powers conferred by this Chapter. No city may extend its extraterritorial powers beyond one mile from its corporate limits without the approval of the board or boards of county commissioners with jurisdiction over the area.



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