FILED SENATE
May 23, 2022
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 768
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS35362-MUz-37A
Short Title: GSC Technical Corrections 2022. (Public)
Sponsors: Senators Galey and Newton (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO UPDATE CROSS-REFERENCES THROUGHOUT THE GENERAL
3 STATUTES TO CONFORM TO THE CONSOLIDATED CHAPTER ON LAND-USE
4 LAWS AND TO MAKE OTHER TECHNICAL CORRECTIONS, AS RECOMMENDED
5 BY THE GENERAL STATUTES COMMISSION.
6 The General Assembly of North Carolina enacts:
7
8 PART I. CONFORMING CROSS-REFERENCES TO LAND-USE LAWS
9 SECTION 1. G.S. 18B-904 reads as rewritten:
10 "§ 18B-904. Miscellaneous provisions concerning permits.
11 …
12 (g) Nothing in this Chapter shall be deemed to preempt local governments from
13 regulating the location or operation of adult establishments or other sexually oriented businesses
14 to the extent consistent with the constitutional protection afforded free speech, or from requiring
15 any additional fee for licensing as permitted under G.S. 160A-181.1(c).G.S. 160D-902(c).
16 …."
17 SECTION 2. G.S. 20-81.12 reads as rewritten:
18 "§ 20-81.12. Collegiate insignia plates and certain other special plates.
19 …
20 (b51) Historical Attraction Plates. – The Division must receive 300 or more applications for
21 an historical attraction plate representing a publicly owned or nonprofit historical attraction
22 located in North Carolina and listed below before the plate may be developed. The Division must
23 transfer quarterly the money in the Collegiate and Cultural Attraction Plate Account derived from
24 the sale of historical attraction plates to the organizations named below in proportion to the
25 number of historical attraction plates sold representing that organization:
26 (1) Historical Attraction Within Historic District. – The revenue derived from the
27 special plate shall be transferred quarterly to the appropriate Historic
28 Preservation Commission, or entity designated as the Historic Preservation
29 Commission, and used to maintain property in the historic district in which
30 the attraction is located. As used in this subdivision, the term "historic district"
31 means a district created under G.S. 160A-400.4.G.S. 160D-944.
32 (2) Nonprofit Historical Attraction. – The revenue derived from the special plate
33 shall be transferred quarterly to the nonprofit corporation that is responsible
34 for maintaining the attraction for which the plate is issued and used to develop
35 and operate the attraction.
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1 (3) State Historic Site. – The revenue derived from the special plate shall be
2 transferred quarterly to the Department of Natural and Cultural Resources and
3 used to develop and operate the site for which the plate is issued. As used in
4 this subdivision, the term "State historic site" has the same meaning as in
5 G.S. 121-2(11).
6 …."
7 SECTION 3. G.S. 40A-3 reads as rewritten:
8 "§ 40A-3. By whom right may be exercised.
9 …
10 (b) Local Public Condemnors – Standard Provision. – For the public use or benefit, the
11 governing body of each municipality or county shall possess the power of eminent domain and
12 may acquire by purchase, gift or condemnation any property, either inside or outside its
13 boundaries, for the following purposes.
14 …
15 (8) Acquiring designated historic properties, designated as such before October
16 1, 1989, or acquiring a designated landmark designated as such on or after
17 October 1, 1989, for which an application has been made for a certificate of
18 appropriateness for demolition, in pursuance of the purposes of
19 G.S. 160A-399.3, Chapter 160A, Article 19, Part 3B, effective until October
20 1, 1989, or G.S. 160A-400.14, whichever is appropriate.G.S. 160D-949.
21 …
22 (b1) Local Public Condemnors – Modified Provision for Certain Localities. – For the
23 public use or benefit, the governing body of each municipality or county shall possess the power
24 of eminent domain and may acquire by purchase, gift or condemnation any property or interest
25 therein, either inside or outside its boundaries, for the following purposes.
26 …
27 (8) Acquiring designated historic properties, designated as such before October
28 1, 1989, or acquiring a designated landmark designated as such on or after
29 October 1, 1989, for which an application has been made for a certificate of
30 appropriateness for demolition, in pursuance of the purposes of
31 G.S. 160A-399.3, Chapter 160A, Article 19, Part 3, effective until October 1,
32 1989, or G.S. 160A-400.14, whichever is appropriate.G.S. 160D-949.
33 …."
34 SECTION 4. G.S. 42A-3 reads as rewritten:
35 "§ 42A-3. Application; exemptions.
36 (a) The provisions of this Chapter shall apply This Chapter applies to any person,
37 partnership, corporation, limited liability company, association, or other business entity who that
38 acts as a landlord or real estate broker engaged in the rental or management of residential property
39 for vacation rental as defined in this Chapter. The provisions of G.S. 160A-424 and
40 G.S. 153A-364 shall apply G.S. 160D-1117 applies to properties covered under this Chapter.
41 (b) The provisions of this Chapter shall not apply to:This Chapter does not apply to any
42 of the following:
43 (1) Lodging provided by hotels, motels, tourist camps, and other places subject to
44 regulation under Chapter 72 of the General Statutes.
45 (2) Rentals to persons temporarily renting a dwelling unit when traveling away
46 from their primary residence for business or employment purposes.
47 (3) Rentals to persons having no other place of primary residence.
48 (4) Rentals for which no more than nominal consideration is given."
49 SECTION 5. G.S. 44A-11.2 reads as rewritten:
50 "§ 44A-11.2. Identification of lien agent; notice to lien agent; effect of notice.
51 …
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1 (d) For any improvement to real property subject to G.S. 44A-11.1, any building permit
2 issued pursuant to G.S. 160A-417(d) or G.S. 153A-357(e) G.S. 160D-1110(g) shall be
3 conspicuously and continuously posted on the property for which the permit is issued until the
4 completion of all construction.
5 …."
6 SECTION 6. G.S. 44A-24.2 reads as rewritten:
7 "§ 44A-24.2. Definitions.
8 The following definitions apply in this Part:
9 …
10 (3) Commercial real estate. – Any real property or interest therein, whether
11 freehold or nonfreehold, which at the time the property or interest is made the
12 subject of an agreement for broker services:
13 a. Is lawfully used primarily for sales, office, research, institutional,
14 agricultural, forestry, warehouse, manufacturing, industrial, or mining
15 purposes or for multifamily residential purposes involving five or
16 more dwelling units;
17 b. May lawfully be used for any of the purposes listed in sub-subdivision
18 (3)a. of this section by a zoning ordinance adopted pursuant to the
19 provisions of Article 18 of Chapter 153A or Article 19 of Chapter
20 160A Chapter 160D of the General Statutes or which is the subject of
21 an official application or petition to amend the applicable zoning
22 ordinance to permit any of the uses listed in sub-subdivision (3)a. of
23 this section which is under consideration by the government agency
24 with authority to approve the amendment; or
25 c. Is in good faith intended to be immediately used for any of the
26 purposes listed in sub-subdivision (3)a. of this section by the parties to
27 any contract, lease, option, or offer to make any contract, lease, or
28 option.
29 …."
30 SECTION 7. G.S. 62-100 reads as rewritten:
31 "§ 62-100. Definitions.
32 As used in this Article:
33 …
34 (5) The word "municipality" means any incorporated community, whether
35 designated as a city, town, or village and any area over which it exercises any
36 of the powers granted by Article 19 of Chapter 160A Chapter 160D of the
37 General Statutes.
38 …."
39 SECTION 8. G.S. 87-14 reads as rewritten:
40 "§ 87-14. Regulations as to issue of building permits.
41 (a) Any person, firm, or corporation, upon making application to the building inspector
42 or such other authority of any incorporated city, town, or county in North Carolina charged with
43 the duty of issuing building or other permits for the construction of any building, highway, sewer,
44 grading, or any improvement or structure where the cost thereof is to be thirty thousand dollars
45 ($30,000) or more, shall, before being entitled to the issuance of a permit, satisfy the following:
46 (1) Furnish satisfactory proof to the inspector or authority that the person
47 applicant seeking the permit or another person contracting to superintend or
48 manage the construction is duly licensed under the terms of this Article to
49 carry out or superintend the construction or is exempt from licensure under
50 G.S. 87-1(b). If an applicant claims an exemption from licensure pursuant to
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1 G.S. 87-1(b)(2), the applicant for the building permit shall execute a verified
2 affidavit attesting to the following:
3 a. That the person applicant is the owner of the property on which the
4 building is being constructed or, in the case of and, if the applicant is
5 a firm or corporation, is legally authorized to act on behalf that the
6 person submitting the application is an owner, officer, or member of
7 the firm or corporation.corporation that owns the property.
8 b. That the person applicant will personally superintend and manage all
9 aspects of the construction of the building and that the duty will not be
10 delegated to any other person not duly licensed under the terms of this
11 Article.
12 c. That the person applicant will be personally present for all inspections
13 required by the North Carolina State Building Code, unless the plans
14 for the building were drawn and sealed by an architect licensed
15 pursuant to Chapter 83A of the General Statutes.
16 The building inspector or other authority shall transmit a copy of the affidavit
17 to the Board, who which shall verify that the applicant was validly entitled to
18 claim the exemption under G.S. 87-1(b)(2). If the Board determines that the
19 applicant was not entitled to claim the exemption under G.S. 87-1(b)(2), the
20 building permit shall be revoked pursuant to G.S. 153A-362 or G.S.
21 160A-422.G.S. 160D-1115.
22 (2) Furnish proof that the person applicant has in effect Workers' Compensation
23 insurance as required by Chapter 97 of the General Statutes.
24 (3)(a1) Any person, firm, or corporation, upon making application to the building inspector
25 or such other authority of any incorporated city, town, or county in North Carolina charged with
26 the duty of issuing building permits pursuant to G.S. 160A-417(a)(1) or G.S. 153A-357(a)(1)
27 G.S. 160D-1110 for any improvements for which the combined cost is to be thirty thousand
28 dollars ($30,000) or more, other than for improvements to an existing single-family residential
29 dwelling unit as defined in G.S. 87-15.5(7) that the owner occupies as a residence, or for the
30 addition of an accessory building or accessory structure as defined in the North Carolina Uniform
31 Residential Building Code, the use of which is incidental to that residential dwelling unit, shall
32 be required to provide to the building inspector or other authority the name, physical and mailing
33 address, telephone number, facsimile number, and electronic mail email address of the lien agent
34 designated by the owner pursuant to G.S. 44A-11.1(a).
35 (b) It shall be is unlawful for the building inspector or other authority to issue or allow
36 the issuance of a building permit pursuant to this section unless and until the applicant has
37 furnished evidence that the applicant is either exempt from the provisions of this Article and, if
38 applicable, fully complied with the provisions of subdivision (a)(1) of this section, or is duly
39 licensed under this Article to carry out or superintend the work for which permit has been applied;
40 and further, that the applicant has in effect Workers' Compensation insurance as required by
41 Chapter 97 of the General Statutes. has complied with subsection (a) of this section. Any building
42 inspector or other authority who that is subject to and violates the terms of this section shall be
43 is guilty of a Class 3 misdemeanor and subject only to a fine of not more than fifty dollars
44 ($50.00)."
45 SECTION 9. G.S. 106-678 reads as rewritten:
46 "§ 106-678. Authority to regulate fertilizers.
47 No county, city, or other political subdivision of the State shall adopt or continue in effect
48 any ordinance or resolution regulating the use, sale, distribution, storage, transportation, disposal,
49 formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this
50 section shall prohibit a county, city, or other political subdivision of the State from exercising its
51 planning and zoning authority under Article 19 of Chapter 160A of the General Statutes or Article
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1 18 of Chapter 153A Chapter 160D of the General Statutes or from exercising its fire prevention
2 or inspection authority. Nothing in this section shall limit the authority of the Department of
3 Environmental Quality or the Environmental Management Commission to enforce water quality
4 standards. Nothing in this section shall prohibit a county, city, or other political subdivision of
5 the State from adopting ordinances regulating fertilizers to protect water quality, provided that
6 the ordinances have been approved by the Environmental Management Commission or the
7 Department of Environmental Quality as part of a local plan or National Pollutant Discharge
8 Elimination System permit application and do not exceed the State's minimum requirements to
9 protect water quality as established by the Environmental Management Commission under Part
10 1 of Article 21 of Chapter 143 of the General Statutes. Nothing in this section shall prohibit a
11 county or city from exercising its authority to regulate explosive, corrosive, inflammable, or
12 radioactive substances pursuant to G.S. 153A-128 or G.S. 160A-183."
13 SECTION 10. G.S. 106-738 reads as rewritten:
14 "§ 106-738. Voluntary agricultural districts.
15 …
16 (c) A county ordinance adopted pursuant to this Part is effective within the
17 unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective
18 within the corporate limits of the city. A city may amend its ordinances in accordance with
19 G.S. 160A-383.2 G.S. 160D-903(e) with regard to agricultural districts within i