S436: Local Tree Ordinances Authorized. Latest Version

2021-2022

Senate
Passed 1st Reading
Rules



AN ACT authorizing counties and cities to adopt ordinances providing standards for the preservation or replacement of trees.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 3 of Article 13 of Chapter 160D of the General Statutes is amended by adding a new section to read as follows:

§ 160D‑1321.  Tree preservation or replacement.

(a)        A local government may adopt ordinances to provide standards for the preservation or replacement of trees on public and private property within its jurisdictional limits because of their contribution to (i) the health of its citizens in improved air and water quality, (ii) the control of flooding, noise, glare, and soil erosion, (iii) the protection of urban wildlife, (iv) the maintaining and increasing of property values, and (v) the beauty of its overall landscape. If the local government is a city, the ordinance shall also apply within the city's extraterritorial jurisdiction under G.S. 160D‑202. For purposes of this section, the term local government means a county or city.

(b)        Before adopting or amending an ordinance adopted pursuant to subsection (a) of this section, the governing body of the local government shall hold a hearing to receive public comment. Notice of the hearing shall be given once a week for two successive calendar weeks prior to the date of the hearing in a newspaper having general circulation in the jurisdictional limits of the local government.

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