North Carolina General Statutes and Administrative Code

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This section on North Carolina Statutes and  North Carolina Administrative Code is more comprehensive than statute and regulation sections for other states covered in this notebook. In addition to zoning regulations, it also includes state public health law and pollution law and regulations that apply to livestock operations, including law and regulations governing odor and nuisances. Laws and regulations addressing public health and pollution control in other states may be found through the URLs for State Law Making Bodies, Statutes and Regulations or URLs for State Homepages/State Agencies sections.  

Links below are to documents in PDF format and require the use of Adobe Acrobat Reader. 

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North Carolina General Statutes

North Carolina General Statutes Summary

 

North Carolina Administrative Code

North Carolina Administrative Code Summary

 

Counties

Pollution Control

Delegation and Exercise of the General Police Power Rules for Wastes Not Discharged to Surface Waters
Planning and Regulation of Development Procedures and Guidelines for Implementation of Non-Discharge Rule
Statute of Limitations for Challenging Zoning Ordinance Temporary Odor Rules for Animal Operations (February 11, 1999)
Draft Permanent Animal Operations Odor Rule (Not yet adopted)
Cities
Annexation of Noncontiguous Areas
Delegation and Exercise of the General Police Power
Planning and Regulation of Development
Statute of Limitations for Challenging Zoning Ordinance

 

Pollution Control

Swine Farm Siting Act
Permitting for Discharge of Wastewater
Animal Waste Management Systems
Violation Points Systems Applicable to Swine Farms
Air Pollution Control
Clean Water Management Trust Fund
Nonpoint Source Pollution Control Program
Sedimentation Pollution Control Act of 1973

 

Health Law

Feeding Garbage to Swine
Penalty for Keeping Swine Near State Institutions
County Board of Health/District Health Department Health Director
Powers of Health Director

 

Nuisance

Nuisance Liability/Right-to-Farm
Prelitigation Mediation of Farm Nuisance Disputes
Farmland Preservation Enabling Act

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North Carolina General Statutes

 

Counties

Delegation and Exercise of the General Police Power

General Ordinance-Making Power for Counties

Territorial jurisdiction of county ordinances

Enforcement of ordinances

Enumeration not exclusive

Abatement of Public Health Nuisances

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Planning and Regulation of Development

Territorial jurisdiction

Planning Agency

Supplemental Powers

Procedure for adopting or amending ordinances under this Article and Chapter 160A, Article 19.

Enforcement of ordinances

Submission of statement concerning improvements

Building setback lines

Subdivision regulation

Contents and requirements of ordinance

Ordinance to contain procedure for plat approval; approval prerequisite to plat recordation; statement by owner

Effect of plat approval on dedications

Penalties for transferring lots in unapproved subdivisions

"Subdivision" defined

Grant of power

Purposes in view

Zoning regulations for manufactured homes

Districts zoning less then entire jurisdiction

Method of procedure

Vesting rights

Board of adjustment

Conflict with other laws

Part applicable to buildings constructed by the State and its subdivisions; exception

Statute of limitations

Statute of Limitations for Challenging Zoning Ordinance or Amendment to a Zoning Ordinance for Counties and Municipalities

Editor's Note: There is also a statute of limitation of 30 days, contained in G.S. 153-345 (counties) and G.S.160A-388 (cities), for challenging individual zoning decisions of the board of commissioners.

 

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North Carolina General Statutes

 

Cities

Annexation of Noncontiguous Areas

Extraterritorial Powers

 

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Delegation and Exercise of the General Police Power

General ordinance-making power

Enforcement of ordinances

Ordinances effective on city property outside limits

Abatement of public health nuisances

 

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Planning and Regulation of Development

Territorial jurisdiction

Planning Agency

Extraterritorial representation

Supplemental powers

Procedure for adopting amending ordinances under Article

Statute of limitations

Enforcement of ordinances

Validation of ordinance

Subdivision regulation

Contents and requirements of ordinance

Ordinance to contain procedure for plat approval; approval prerequisite to plat recordation; statement by owner

Effect of plat approval on dedications

Penalties for transferring lots in unapproved subdivisions

Definition

Grant of Power

Districts

Purposes in view

Zoning regulations for manufactured homes

Method of procedure

Changes

Vested rights

Protest petition; form; requirements; time for filing

Planning agency; zoning plan; certification to city council

Board of adjustment

Remedies

Conflict with other laws

Other statutes not repealed

Part applicable to buildings constructed by State and subdivisions; exception

 

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North Carolina General Statutes

 

Pollution Control

Swine Farm Siting Act

Title

Purpose

Definitions

Siting Requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms

Enforcement

Written notice of swine farms

 

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Permitting for Discharge of Wastewater

Effluent standards or limitations

Control of sources of water pollution; permits required

Enforcement procedures; civil penalties

Enforcement procedures; criminal penalties

Enforcement procedures; injunctive relief

 

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Animal Waste Management Systems

Legislative findings and intent

Definitions

Applications and permits

Operations review

Violations requiring immediate notification

Inspections

Fees for animal waste management systems

 

Violation Points Systems Applicable to Swine Farms

 

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Air Pollution Control

Declaration of policy; definitions

Administration of air quality program

Air quality standards and classifications

Control of sources of air pollution; permits required

Control of complex sources

Special orders

 

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Clean Water Management Trust Fund

Purpose

Definitions

Clean Water Management Trust Fund; established

Clean Water Management Trust Fund; eligibility for grants; matching funds or property requirement

 

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Nonpoint Source Pollution Control Program

Agriculture Cost Share Program

Program participation

Committee establishment

 

Sedimentation Pollution Control Act of 1973

Short title

Preamble

Applicability of this article

 

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North Carolina General Statutes

 

Health Law

Feeding Garbage to Swine

Definitions

Permit for feeding garbage to swine

Application for permit

Revocation of permits

Sanitation

Cooking or other treatment

Inspection and investigation; maintenance of records

Enforcement of Part; rules and regulations

Penalties

 

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Penalty for Keeping Swine Near State Institutions

 

County Board of Health, District Health Department, Health Director

County board of health; appointment; terms

Creation of district health department

District Board of Health

Dissolution of district health department

Powers and duties of a local board of health

Appointment of local health director

Powers and duties of local health director

 

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Powers of Health Director

Right of entry

Injunction

Abatement of public health nuisance

Abatement of imminent hazard

 

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North Carolina General Statutes

 

Nuisance

Nuisance Liability of Agricultural and Forestry Operations/Right-to-Farm

Legislative determination and declaration of policy

When agricultural and forestry operations, etc. not constituted a nuisance by changed conditions in locality

 

Prelitigation Mediation of Farm Nuisance Disputes

 

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Farmland Preservation Enabling Act

Short title and purpose

Farmland preservation programs authorized

Qualifying farmland

Revocation of conservation agreement

Voluntary agricultural districts

Agricultural advisory board

Public hearings on condemnation of farmland

Record notice of proximity to farmlands

Waiver of water and sewer assessments

County ordinances

Purchase of agricultural conservation easements

 

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North Carolina Administrative Code

 

Pollution Control

Rules for Wastes Not Discharged to Surface Waters

Purpose

Scope

Definition of terms

Activities which require a permit

Permitting by Regulation

Innovative Animal Waste Operation Permits For Swine Operations

 

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Procedures and Guidelines for Implementation of the Non-Discharge Rule for Animal Waste Management Systems

Purpose

Definitions

Requirements for certification of waste management plans

Approved best management practices

Technical specialist designation

 

Temporary Odor Rules for Animal Operations (Adopted February 11, 1999)

Definitions

Control of odors from animal operations

Best management plans for animal operations

Reporting requirements for animal operations

Activities exempted from reporting requirements

 

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Draft Permanent Animal Operations Odor Rule (Not yet adopted)

Definitions

Control of odors form animal operations using liquid animal waste management systems

Best management plans for animal operations

Reporting requirements for animal operations

Activities exempted from permit requirements

 

 

 

 

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Last Updated:  03/15/00 12:12