North Carolina HB 1009: ALEXANDER HANDYCRAFTS FUNDS

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1009

Short Title: Planning ETJ Prohibited. (Public)
Sponsors: Representative Humphrey.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: State and Local Government, if favorable, Rules, Calendar, and Operations of the
House
April 16, 2025
*H1009-v-1*
A BILL TO BE ENTITLED 1
AN ACT PROVIDING THAT NO CITY IN THE STATE MAY HAVE OR EXERCISE 2
PLANNING JURISDICTION OUTSIDE ITS CORPORATE LIMITS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. EXTRATERRITORIAL PLANNING JURISDICTION PROHIBITED 6
SECTION 1. G.S. 160D-201 reads as rewritten: 7
"§ 160D-201. Planning and development regulation jurisdiction. 8
(a) Cities. – All of the powers granted by this Chapter may be exercised by any city within 9
its corporate limits and within any extraterritorial area established pursuant to G.S. 160D-202. 10
limits. 11
... ." 12
SECTION 2. G.S. 160D-202 reads as rewritten: 13
"§ 160D-202. Municipal County authority within city limits; transfer and relinquishment 14
of extraterritorial jurisdiction. 15
(a) Geographic Scope. – Any city may exercise the powers granted to cities under this 16
Chapter within a defined area extending not more than one mile beyond its contiguous corporate 17
limits. In addition, a city of 10,000 or more population but less than 25,000 may exercise these 18
powers over an area extending not more than two miles beyond its limits and a city of 25,000 or 19
more population may exercise these powers over an area extending not more than three miles 20
beyond its limits. In determining the population of a city for the purposes of this Chapter, the city 21
council and the board of county commissioners may use the most recent annual estimate of 22
population as certified by the Secretary of the North Carolina Department of Administration. 23
Pursuant to G.S. 160A-58.4, extraterritorial municipal planning and development regulation may 24
be extended only from the primary corporate boundary of a city and not from the boundary of 25
satellite areas of the city. 26
(b) Authority in the Extraterritorial Area. – A city may not exercise any power conferred 27
by this Chapter in its extraterritorial jurisdiction that it is not exercising within its corporate limits. 28
A city may exercise in its extraterritorial area all powers conferred by this Chapter that it is 29
exercising within its corporate limits. If a city fails to extend a particular type of development 30
regulation to the extraterritorial area, the county may elect to exercise that particular type of 31
regulation in the extraterritorial area. 32
(c) County Approval of City Jurisdiction. – Notwithstanding subsection (a) of this 33
section, no city may extend its extraterritorial powers into any area for which the county has 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 1009-First Edition
adopted and is enforcing county zoning and subdivision regulations. However, the city may do 1
so where the county is not exercising both of these powers, or when the city and the county have 2
agreed upon the area within which each will exercise the powers conferred by this Chapter. No 3
city may extend its extraterritorial powers beyond one mile from its corporate limits without the 4
approval of the board or boards of county commissioners with jurisdiction over the area. 5
(d) Notice of Proposed Jurisdiction Change. – Any municipality proposing to exercise 6
extraterritorial jurisdiction under this Chapter shall notify the owners of all parcels of land 7
proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax 8
records. The notice shall be sent by first-class mail to the last addresses listed for affected 9
property owners in the county tax records. The notice shall inform the landowner of the effect of 10
the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative 11
hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as 12
provided in G.S. 160D-601, and of the right of all residents of the area to apply to the board of 13
county commissioners to serve as a representative on the planning board and the board of 14
adjustment, as provided in G.S. 160D-303. The notice shall be mailed at least 30 days prior to 15
the date of the hearing. The person or persons mailing the notices shall certify to the city council 16
that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the 17
absence of fraud. 18
(e) Boundaries. – Any council exercising extraterritorial jurisdiction under this Chapter 19
shall adopt an ordinance specifying the areas to be included based upon existing or projected 20
urban development and areas of critical concern to the city, as evidenced by officially adopted 21
plans for its development. A single jurisdictional boundary shall be applic