H.B. 496
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 5, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10236-LM-110
Short Title: Property Owners' Rights/Tree Ordinances. (Public)
Sponsors: Representative Boles.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT PROVIDING THAT COUNTIES AND CITIES SHALL NOT ADOPT
3 ORDINANCES REGULATING THE REMOVAL OF TREES FROM PRIVATE
4 PROPERTY WITHOUT THE EXPRESS AUTHORIZATION OF THE GENERAL
5 ASSEMBLY.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. Article 6 of Chapter 153A of the General Statutes is amended by
8 adding a new section to read as follows:
9 "§ 153A-145.9. Limitations on regulating trees.
10 No county may adopt ordinances regulating the removal of trees from private property within
11 the county's jurisdiction without the express authorization of the General Assembly. Neither the
12 general police powers authorized in this Article nor any other powers authorized in this Chapter
13 or in any other general or local law, except a general or local law expressly authorizing a county
14 to adopt ordinances regulating the removal of trees from private property, shall be used by a
15 county's governing body as the basis for adopting ordinances regulating the removal of trees from
16 private property."
17 SECTION 2. Article 8 of Chapter 160A of the General Statutes is amended by
18 adding a new section to read as follows:
19 "§ 160A-205.4. Limitations on regulating trees.
20 No city may adopt ordinances regulating the removal of trees from private property within
21 the city's corporate limits or extraterritorial jurisdiction without the express authorization of the
22 General Assembly. Neither the general police powers authorized in this Article nor any other
23 powers authorized in this Chapter or in any other general or local law, except a general or local
24 law expressly authorizing a city to adopt ordinances regulating the removal of trees from private
25 property, shall be used by a city's governing body as the basis for adopting ordinances regulating
26 the removal of trees from private property."
27 SECTION 3. Any local acts authorizing ordinances regulating the removal of trees
28 from private property and any ordinances that were adopted under that authority before the date
29 this act becomes law shall remain in effect after this act becomes law.
30 SECTION 4. Any ordinances regulating the removal of trees from private property
31 that were adopted before the date this act becomes law without the express authorization of the
32 General Assembly are hereby repealed.
33 SECTION 5. This act is effective when it becomes law.
*DRH10236-LM-110*


Statutes affected:
Edition 2: 160D-921
Edition 3: 153A-123, 160A-175, 160D-921