reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-167 - Existing billboards.

§ 113A-167. Existing billboards.
Any billboard in existence upon May 26, 1975, and which does not conform to the requirements of this Article may be maintained for the life of such advertisement or advertising structure, provided that: The Department of Environmental Quality is authorized to acquire by purchase, gift or condemnation all outdoor advertising and all property rights pertaining thereto existing on May 26, 1975, which are nonconforming.
(1) In any acquisition, purchase or condemnation, just compensation to the owner of the outdoor advertising where the owner of the outdoor advertising does not own the fee shall be limited to the fair market value at the time of the taking of the outdoor advertising owner's interest in the real property on which the outdoor advertising is located and such value shall include the value of the outdoor advertising.
(2) In any acquisition, purchase or condemnation, just compensation to the owner of the fee or other interest in the real property upon which the outdoor advertising is located where said owner does not own the outdoor advertising located thereon shall be limited to the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Commission of the right to erect and maintain such outdoor advertising thereon, and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration.
(3) In any acquisition, purchase or condemnation, just compensation to the owner of the fee in the real property upon which the outdoor advertising is located where said owner also owns the outdoor advertising located thereon shall be limited to the fair market value of the outdoor advertising plus the difference in the fair market value of the entire tract immediately before and immediately after the taking by the Department of Environmental Quality of the right to erect and maintain such outdoor advertising thereon and in arriving at the fair market value after the taking, any special or general benefits accruing to the property by reason of the acquisition shall be taken into consideration. (1975, c. 385; 1977, c. 771, s. 4; 1989, c. 727, s. 218(70); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-168 - Removal, etc., of unlawful advertising.

§ 113A-168. Removal, etc., of unlawful advertising.
Any outdoor advertising erected or established after May 26, 1975, in violation of the provisions of this Article shall be unlawful and shall constitute a nuisance. The Department of Environmental Quality shall give 30 days' notice by certified mail to the owner of the nonconforming outdoor advertising structure, if such owner is known or can by reasonable diligence be ascertained, to move the outdoor advertising structure or to make it conform to the provisions of this Article and rules and regulations promulgated by the Department of Environmental Quality hereunder. The Department or its agents shall have the right to remove or contract to have removed the nonconforming outdoor advertising at the expense of the said owner if the said owner fails to act within 30 days after receipt of such notice. The Department or its agents or contractor and his employees may enter upon private property for the purpose of removing outdoor advertising prohibited by this Article or its implementing rules without civil or criminal liability. (1975, c. 385; 1977, c. 771, s. 4; 1987, c. 827, s. 150; 1989, c. 727, s. 138; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-169 - Condemnation procedure.

§ 113A-169. Condemnation procedure.
For the purposes of this Article, the Department of Environmental Quality shall use the procedure for condemnation of property as provided for by Article 9 of Chapter 136 of the General Statutes. (1975, c. 385; 1977, c. 771, s. 4; 1989, c. 727, s. 218(71); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 10 - Control of Outdoor Advertising near the Blue Ridge Parkway. › § 113A-170 - Violation a misdemeanor; injunctive relief.

§ 113A-170. Violation a misdemeanor; injunctive relief.
Any person, firm, corporation or association placing or erecting outdoor advertising structure or junkyard along the Blue Ridge Parkway in violation of this Article or a rule adopted under this Article shall be guilty of a Class 1 misdemeanor. In addition thereto, the Department of Environmental Quality may seek injunctive relief in the superior court of the county in which the said nonconforming outdoor advertising is located and require the outdoor advertising to conform to the provisions of this Article or a rule adopted under this Article, or require the removal of the said nonconforming outdoor advertising. (1975, c. 385; 1977, c. 771, s. 4; 1987, c. 827, s. 151; 1989, c. 727, s. 218(72); 1993, c. 539, s. 875; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › §§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

Article 11.
Forest Development Act.
§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-177 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-178 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-179 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-180 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-180.1 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-181 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-182 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 11 - Forest Development Act. › § 113A-183 - 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.

§§ 113A-176 through 113A-183: Recodified as Article 83 of Chapter 106, G.S. 106-1010 through G.S. 106-1018, by Session Laws 2011-145, s. 13.25(gg), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › §§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

Article 12.
Primary Forest Product Assessment Act.
§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-190 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-191 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-192 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-193 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-194 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-195 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 12 - Primary Forest Product Assessment Act. › § 113A-196 - 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.

§§ 113A-189 through 113A-196: Recodified as Article 84 of Chapter 106, G.S. 106-1025 through G.S. 106-1032, by Session Laws 2011-145, s. 13.25(ii), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-206 - Definitions.

§ 113A-206. Definitions.
Within the meaning of this Article:
(1) The word "person" includes any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
(2) A person, as defined in this section, doing business or maintaining an office within a county is a resident of the county.
(3) "Tall buildings or structures" include any building, structure or unit within a multiunit building with a vertical height of more than 40 feet measured from the top of the foundation of said building, structure or unit and the uppermost point of said building, structure or unit; provided, however, that where such foundation measured from the natural finished grade of the crest or the natural finished grade of the high side of the slope of a ridge exceeds 3 feet, then such measurement in excess of 3 feet shall be included in the 40-foot limitation described herein; provided, further, that no such building, structure or unit shall protrude at its uppermost point above the crest of the ridge by more than 35 feet. "Tall buildings or structures" do not include:
a. Water, radio, telephone or television towers or any equipment for the transmission of electricity or communications or both.
b. Structures of a relatively slender nature and minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills.
c. Buildings and structures designated as National Historic Sites on the National Archives Registry.
(4) "Construction" includes reconstruction, alteration, or expansion.
(5) "Ridge" means the elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain, and includes all land within 100 feet below the elevation of any portion of such line or surface along the crest.
(6) "Protected mountain ridges" are all mountain ridges whose elevation is 3,000 feet and whose elevation is 500 or more feet above the elevation of an adjacent valley floor; provided, however, that a county, or a city with a population of fifty thousand (50,000) or more, may elect to eliminate the requirement for an elevation of 3,000 feet, and such election shall apply both to an ordinance adopted under G.S. 113A-208 and the prohibition against construction under G.S. 113A-209; provided, further, that such ordinance shall be adopted pursuant to the procedures of G.S. 113A-208.
(7) "Crest" means the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations. (1983, c. 676, s. 1; 1985, c. 713, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-207 - Legislative findings.

§ 113A-207. Legislative findings.
The construction of tall or major buildings and structures on the ridges and higher elevations of North Carolina's mountains in an inappropriate or badly designed manner can cause unusual problems and hazards to the residents of and to visitors to the mountains. Supplying water to, and disposing of the sewage from, buildings at high elevations with significant numbers of residents may infringe on the ground water rights and endanger the health of those persons living at lower elevations. Providing fire protection may be difficult given the lack of water supply and pressure and the possibility that fire will be fanned by high winds. Extremes of weather can endanger buildings, structures, vehicles, and persons. Tall or major buildings and structures located on ridges are a hazard to air navigation and persons on the ground and detract from the natural beauty of the mountains. (1983, c. 676, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-209 - Certain buildings prohibited.

§ 113A-209. Certain buildings prohibited.
(a) This section applies beginning January 1, 1984, in any county or city that has failed to adopt a ridge protection ordinance pursuant to G.S. 113A-208 by January 1, 1984.
(b) No county or city may authorize the construction of, and no person may construct, a tall building or structure on any protected mountain ridge.
(c) No county or city may authorize the providing of the following utility services to any building or structure constructed in violation of subsection (b) of this section: electricity, telephone, gas, water, sewer, or septic system. (1983, c. 676, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-210 - Application to existing buildings.

§ 113A-210. Application to existing buildings.
General Statutes 113A-208 and 113A-209 apply to buildings that existed upon the effective date of this Article as follows:
(1) No reconstruction, alteration or expansion may aggravate or intensify a violation by an existing building or structure that did not comply (a) with G.S. 113A-209 upon its effective date, or (b) with an ordinance adopted under G.S. 113A-208 upon its effective date.
(2) No reconstruction, alteration or expansion may cause or create a violation by an existing building or structure that did comply (a) with G.S. 113A-209 upon its effective date, or (b) with an ordinance adopted under G.S. 113A-208 upon its effective date. (1983, c. 676, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-211 - Enforcement and penalties.

§ 113A-211. Enforcement and penalties.
(a) Violations of this Article shall be subject to the same criminal sanctions, civil penalties and equitable remedies as provided by G.S. 160D-404.
(b) Any person injured by a violation of this Article or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:
(1) Injunctive relief; or
(2) An order enforcing the provision violated; or
(3) Damages caused by the violation; or
(4) Both damages and injunctive relief; or
(5) Both damages and an enforcement order; or
(6) Both an enforcement order and injunctive relief.
If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars ($500.00) or less, the plaintiff shall be awarded double the amount of actual damages; if the amount of actual damages as found by the court or jury is greater than five hundred dollars ($500.00), the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection may be based upon a threatened injury, an actual injury, or both.
Civil actions under this subsection shall be brought in the General Court of Justice of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.
(c) Within the meaning of this section, violations of this Article include violations of local ordinances adopted pursuant to G.S. 113A-208. (1983, c. 676, s. 1; 2019-111, s. 2.5(m); 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-212 - Assistance to counties and cities under ridge law.

§ 113A-212. Assistance to counties and cities under ridge law.
(a) The Secretary of Environmental Quality shall provide assistance upon request to the counties and cities in carrying out their functions pursuant to this Article, such as by providing model studies, plans, and ordinances for their consideration.
(b) The Secretary of Environmental Quality shall identify the protected mountain ridge crests in each county by showing them on a map or drawing, describing them in a document, or any combination thereof. Such maps, drawings, or documents shall identify the protected mountain ridges as defined in G.S. 113A-206 and such other mountain ridges as any county may request, and shall specify those protected mountain ridges that serve as all or part of the boundary line between two counties. By November 1, 1983, the map, drawing, or document tentatively identifying the protected mountain ridge crests of each county shall be filed with the board of county commissioners and with the city governing body of each city that requests it. By January 1, 1984, the map, drawing, or document identifying the protected mountain ridge crests shall be permanently filed by the Secretary with the register of deeds in the county where the land lies, and made available for inspection at the office of the North Carolina Geodetic Survey (NC Emergency Management/Risk Management) in Raleigh. Copies of the maps, drawings, or documents certified by the register of deeds, shall be admitted in evidence in all courts and shall have the same force and effect as would the original.
(b1) By January 1, 1986, a map, drawing, or document tentatively identifying the protected mountain ridge crests of each city with a population of fifty thousand (50,000) or more that has eliminated the requirement for a minimum elevation of 3,000 feet, shall be filed by the Secretary of Environmental Quality with the board of county commissioners and with the city governing body. By March 1, 1986, the map, drawing, or document identifying the protected mountain ridge crests in the city with a population of fifty thousand (50,000) or more shall be permanently filed by the Secretary with the register of deeds in the county where the land within that city with a population of fifty thousand (50,000) or more lies, and shall be made available for inspection at the Secretary's office in Raleigh. Copies of the maps, drawings, or documents certified by the register of deeds shall be admitted in evidence in all courts and shall have the same force and effect as would the original.
(c) Determinations by the Secretary of elevations under this section shall be conclusive in the absence of fraud. (1983, c. 676, s. 1; 1985, c. 713, s. 3; 1989, c. 727, s. 218(79); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v); 2017-170, s. 3.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-213 - Article is supplemental.

§ 113A-213. Article is supplemental.
This Article provides a supplemental source of authority in addition to other present or future legislation and shall not be construed as prescribing an exclusive procedure or as granting exclusive powers. (1983, c. 676, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 14 - Mountain Ridge Protection. › § 113A-214 - Choosing coverage or removal from coverage of this Article.

§ 113A-214. Choosing coverage or removal from coverage of this Article.
(a) This Article shall apply in all counties and cities unless and until the jurisdiction adopts an ordinance exempting itself from the coverage of this Article.
This exemption shall only be effective after a binding referendum, in which all registered voters in the jurisdiction are eligible to vote, which shall be held on or before May 8, 1984. The binding referendum shall be held either as a result of a resolution passed by the governing body of the jurisdiction or as a result of an initiative petition signed by fifteen percent (15%) of the registered voters in the jurisdiction and filed with the Board of Elections of that county not later than 60 days before the election is to be held. At that referendum, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
[] FOR coverage under the Mountain Ridge Protection Act of 1983.
[] AGAINST coverage under the Mountain Ridge Protection Act of 1983.
(b) If a jurisdiction removes itself from the coverage of this Article, by means of a binding referendum, as provided for in subsection (a) of this section, then it shall have until May 13, 1986 to place itself again under the coverage of this Article by means of an ordinance passed after a similar binding referendum. Once a jurisdiction opts out and then opts back under the Article, it may not take any further action to again remove itself from the coverage of the Article.
(c) If a county has chosen the permit procedure authorized by G.S. 113A-208, and then opts out of and either the county or any city in the county opts back under the coverage of this Article, then that jurisdiction may choose the permit procedure even after January 1, 1984.
(d) When a county removes itself from the coverage of this Article all cities within the county shall be removed from the coverage of this Article. Provided, however, a city in a county that has removed itself from coverage may, under the procedure set forth in subsection (b) of this section, place itself again under the coverage of this Article.
(e) When a protected mountain ridge is any part of the boundary between two jurisdictions then that part of the ridge shall be covered by this Article unless both jurisdictions remove themselves from the coverage of this Article. (1983, c. 676, s. 1.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 15 - Aquatic Weed Control. › § 113A-221 - Definitions.

§ 113A-221. Definitions.
Unless a different meaning is required by the context, the following definitions shall apply throughout this Article:
(1) "Department" means the Department of Environmental Quality.
(2) "Secretary" means the Secretary of Environmental Quality or his designee.
(3) "Noxious aquatic weed" means any plant organism so designated under this Article.
(4) "Waters of the State" means any surface body or accumulation of water, whether publicly or privately owned and whether naturally occurring or artificially created, which is contained within, flows through, or borders upon any part of this State. (1991, c. 132, s. 1; 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 15 - Aquatic Weed Control. › § 113A-222 - Designation of noxious aquatic weeds.

§ 113A-222. Designation of noxious aquatic weeds.
(a) The Secretary, after consultation with the Director of the North Carolina Agricultural Extension Service, the Wildlife Resources Commission, and the Marine Fisheries Commission, and with the concurrence of the Commissioner of Agriculture, may designate as a noxious aquatic weed any plant organism which:
(1) Grows in or is closely associated with the aquatic environment, whether floating, emersed, submersed, or ditch-bank species, and including terrestrial phases of any such plant organism;
(2) Exhibits characteristics of obstructive nature and either massive productivity or choking density; and
(3) Is or may become a threat to public health or safety or to existing or new beneficial uses of the waters of the State.
(b) A plant organism may be designated as being a noxious aquatic weed either throughout the State or within specified areas within the State.
(c) The Secretary shall designate a plant organism as a noxious aquatic weed by rules adopted pursuant to Chapter 150B of the General Statutes.
(d) The Secretary may modify or withdraw any designation of a plant organism as a noxious aquatic weed made previously under this section. Any modification or withdrawal of such designation shall be made following the procedures for designation set out in this section. (1991, c. 132.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 15 - Aquatic Weed Control. › § 113A-223 - Powers and duties of the Secretary.

§ 113A-223. Powers and duties of the Secretary.
(a) The Secretary shall direct the control, eradication, and regulation of noxious aquatic weeds so as to protect and preserve human health, safety, and the beneficial uses of the waters of the State and to prevent injury to property and beneficial plant and animal life. The Secretary shall have the power to:
(1) Conduct research and planning related to the control of noxious aquatic weeds;
(2) Coordinate activities of all public bodies, authorities, agencies, and units of local government in the control and eradication of noxious aquatic weeds;
(3) Delegate to any public body, authority, agency, or unit of local government any power or duty under this Article, except that the Secretary may not delegate the designation of noxious aquatic weeds;
(4) Accept donations, grants, and services from both public and private sources;
(5) Enter into contracts or agreements, including cost-sharing agreements, with public or private agencies for research and development of methods of control of noxious aquatic weeds or for the performance of noxious aquatic weed control activities;
(6) Construct, acquire, operate, and maintain facilities and equipment necessary for the control of noxious aquatic weeds; and
(7) Enter upon private property for purposes of conducting investigations and engaging in aquatic weed control activities.
(b) The Secretary may control, remove, or destroy any noxious aquatic weed located in the waters of the State or in areas adjacent to such waters wherever such weeds threaten to invade such waters. The Secretary may employ any appropriate control technology which is consistent with federal and State law, regulations, and rules. Control technologies may include, but are not limited to drawdown of waters, application of chemicals to shoreline and surface waters, mechanical controls, physical removal from transport mechanisms, quarantine of transport mechanisms, and biological controls. Any biological control technology may be implemented only after the environmental review provisions of the State Environmental Policy Act have been satisfied.
(c) In determining the appropriate strategies and technologies, the Secretary shall consider their relative short-term and long-term cost-efficiency and effectiveness, consistent with a margin of safety adequate to protect public health and the resources of the State.
(d) All activities carried out by the Secretary, his designees, and others authorized to perform any function under this Article shall be consistent with all applicable federal and State law, regulations, and rules. (1991, c. 132.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 15 - Aquatic Weed Control. › § 113A-224 - Powers of the Commissioner of Agriculture.

§ 113A-224. Powers of the Commissioner of Agriculture.
(a) The Commissioner of Agriculture may regulate the importation, sale, use, culture, collection, transportation, and distribution of a noxious aquatic weed as a plant pest under Article 36 of Chapter 106 of the General Statutes.
(b) This Article shall not be construed to limit any power of the Commissioner of Agriculture, the Department of Agriculture and Consumer Services, or the Board of Agriculture under any other provision of law. (1991, c. 132, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 15 - Aquatic Weed Control. › § 113A-226 - Enforcement.

§ 113A-226. Enforcement.
(a) Any person who violates this Article or any rule adopted pursuant to this Article shall be guilty of a Class 2 misdemeanor for each offense.
(b) Whenever there exists reasonable cause to believe that any person has violated this Article or rules adopted pursuant to this Article, the Secretary may request the Attorney General to institute a civil action for injunctive relief to restrain the violation. The Attorney General may institute such action in the name of the State upon relation of the Department in the superior court of the county in which the violation occurred. Upon a determination by the court that the alleged violation of the provisions of this Article or of rules adopted pursuant to this Article has occurred or is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened violation. Neither the institution of the action, nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty otherwise prescribed for violations of this Article. (1991, c. 132, c. 761, s. 20; 1993, c. 539, s. 877; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 16 - Conservation Easements Program. › § 113A-230 - Legislative findings; intent.

§ 113A-230. Legislative findings; intent.
The General Assembly finds that a statewide network of protected natural areas, riparian buffers, and greenways can best be accomplished through a conservation easements program. The General Assembly further finds that other public conservation and use programs, such as natural area protection, beach access, trail systems, historic landscape protection, and agricultural preservation, can benefit from increased conservation tools. In this Article, the General Assembly therefore intends to extend the ability of the Department of Environmental Quality to achieve these purposes and to strengthen the capability of private nonprofit land trusts to participate in land and water conservation. (1997-226, s. 6; 1997-443, s. 11A.119(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 16 - Conservation Easements Program. › § 113A-231 - Program to accomplish conservation purposes.

§ 113A-231. Program to accomplish conservation purposes.
The Department of Environmental Quality shall develop a nonregulatory program to accomplish conservation purposes, including the maintenance of ecological systems. As a part of this program, the Department shall exercise its powers to protect real property and interests in real property donated for conservation or conserved by other means. The Department shall call upon the Attorney General for legal assistance in developing and implementing the program. (1997-226, s. 6; 1997-443, s. 11A.119(b); 2002-155, s. 1; 2014-3, s. 14.14(c); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 16 - Conservation Easements Program. › § 113A-234 - Administration of grants.

§ 113A-234. Administration of grants.
(a) Grant Procedures and Criteria. – The Secretary of the Department of Environmental Quality shall establish the procedures and criteria for awarding grants from the Conservation Grant Fund. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on environmental protection. The Secretary shall make the final decision on the award of grants and shall announce the award publicly in a timely manner.
(b) Grant Administration. – The Secretary may administer the grants under this Article or may contract for selected activities under this Article. If administrative services are contracted, the Department shall establish guidance and criteria for its operation and contract with a statewide nonprofit land trust service organization. (1997-226, s. 6; 1997-443, s. 11A.119(b); 2002-155, s. 4; 2015-241, s. 14.30(v); 2020-78, s. 7.4(d).)
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 17 - Conservation, Farmland, and Open Space Protection and Coordination. › §§ 113A-240: Recodified as G.S. 143B-135.230(a), (c), by Session Laws 2020-78, s. 8.4(a), effective July 1, 2020.

§ 113A-240: Recodified as G.S. 143B-135.230(a), (c), by Session Laws 2020-78, s. 8.4(a), effective July 1, 2020.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-251: Recodified as G.S. 143B-135.230 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-251: Recodified as G.S. 143B-135.230 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-252: Recodified as G.S. 143B-135.232 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-252: Recodified as G.S. 143B-135.232 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-253: Recodified as G.S. 143B-135.234 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-253: Recodified as G.S. 143B-135.234 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-253.2: Recodified as G.S. 143B-135.236 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-253.2: Recodified as G.S. 143B-135.236 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-254: Recodified as G.S. 143B-135.238 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-254: Recodified as G.S. 143B-135.238 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-255: Recodified as G.S. 143B-135.240 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-255: Recodified as G.S. 143B-135.240 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-256: Recodified as G.S. 143B-135.242 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-256: Recodified as G.S. 143B-135.242 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-257: Recodified as G.S. 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-257: Recodified as G.S. 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-258: Recodified as G.S. 143B-135.246 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-258: Recodified as G.S. 143B-135.246 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113A - Pollution Control and Environment › Article 18 - Clean Water Management Trust Fund. › §§ 113A-259: Recodified as G.S. 143B-135.248 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

§ 113A-259: Recodified as G.S. 143B-135.248 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 113B - North Carolina Energy Policy Act of 1975 › Article 1 - Energy Policy Council. › § 113B-1 - Legislative findings and purpose.

§ 113B-1. Legislative findings and purpose.
Upon investigation the General Assembly hereby finds that:
(1) Energy is essential to the health, safety and welfare of the people of this State and to the workings of the State economy. It is in the State's best interest to support the development of a reliable and adequate supply of energy for North Carolina that is secure, stable, and predictable in order to facilitate economic growth, job creation, and expansion of business and industry opportunities.
(2), (3) Repealed by Session Laws 2013-365, s. 8(a), effective July 29, 2013.
(3a) It is in the State's best interest to support the exploration, development, and production of domestic energy supplies, preferably from the resources within the State or region and most certainly from within the country.
(3b) It is the duty of State government to protect and preserve the State's natural resources, cultural heritage, and quality of life and, above all, the public health and safety of its residents during the exploration, development, and production of domestic energy resources.
(4) The State must provide the basis for development of a long-range unified energy policy to encompass comprehensive energy resource planning and efficient management of existing energy resources in relation to economic growth, to effectively meet an energy crisis, to encourage development of alternative sources of energy that are capable of achieving a positive benefit-to-cost ratio, and to ensure efficient utilization of energy resources in a manner consistent with assuring a reliable and adequate supply of energy for North Carolina, including active support and collaboration with the federal government to ensure access to the nation's energy resources located on the outer continental shelf directly adjacent to the State's coastal waters.
(5) It is the expressed intent of this Chapter to provide for development of such a unified domestic energy policy for the State of North Carolina as part of a nationwide effort for increased domestic energy production in the interest of national security and economic growth and stability. (1975, c. 877, s. 3; 2013-365, s. 8(a).)
2023 North Carolina General Statutes › Chapter 113B - North Carolina Energy Policy Act of 1975 › Article 1 - Energy Policy Council. › § 113B-2 - Creation of Energy Policy Council; purpose of Council.

§ 113B-2. Creation of Energy Policy Council; purpose of Council.
(a) The Energy Policy Council is created to advise and make recommendations on increasing domestic energy exploration, development, and production within the State and region to promote economic growth and job creation to the Governor and the General Assembly. The Energy Policy Council shall be located within the Department of Environmental Quality.
(b) Except as otherwise provided in this Chapter, the powers, duties and functions of the Energy Policy Council shall be as prescribed by the Secretary of Environmental Quality.
(c) The Energy Policy Council shall serve as the central energy policy planning body of the State and shall communicate and cooperate with federal, State, regional and local bodies and agencies to the end of effecting a coordinated energy policy. (1975, c. 877, s. 4; 1977, c. 23, ss. 1, 2; 2000-140, s. 76(a); 2009-446, s. 3; 2013-360, s. 15.22(l); 2013-365, s. 8(b); 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 113B - North Carolina Energy Policy Act of 1975 › Article 1 - Energy Policy Council. › § 113B-4 - Chairman of Council; replacement; reimbursement of members.

§ 113B-4. Chairman of Council; replacement; reimbursement of members.
(a) The Lieutenant Governor or the Lieutenant Governor's designee shall serve as chair of the Council.
(b) In case of a vacancy in the membership on the Energy Policy Council prior to the expiration of a member's term, a successor shall be appointed within 30 days of such vacancy for the remainder of the unexpired term by the appropriate official pursuant to the provisions of G.S. 113B-3.
(c) Members of the Energy Policy Council shall be reimbursed for their services pursuant to the provisions of G.S. 138-5. (1975, c. 877, s. 4; 1979, c. 514, s. 1; 2009-446, s. 5; 2013-365, s. 8(d); 2017-209, s. 15.)
2023 North Carolina General Statutes › Chapter 113B - North Carolina Energy Policy Act of 1975 › Article 1 - Energy Policy Council. › § 113B-5 - Organization of the Council; adoption of rules of procedure therefor.

§ 113B-5. Organization of the Council; adoption of rules of procedure therefor.
(a) To facilitate the work of the Energy Policy Council and for administrative purposes, the chairman of the Energy Policy Council, with the consent and approval of the members, may organize the work of the Council so as to carry out the provisions of this Chapter and to insure the efficient operation of the Council.
(b) The Energy Policy Council shall adopt its own rules of procedure and shall meet regularly at such times and in such places as it may deem necessary to carry out its functions.
(c) The Energy Policy Council is authorized to create such advisory committees as will be needed to assist the Council in its efforts and to assure adequate citizen-consumer input into those efforts. Members of advisory committees shall be appointed by the Council for terms not to exceed the expiration date of terms of then present public members of the Council. (1975, c. 877, s. 4.)