North Carolina General Statutes 113A-155. State land policy
(a) Content. – The State land policy of North Carolina shall consist of the following:
(1) Consistent, comprehensive, and coordinated principles, guidelines, and methods for the transaction of all matters and affairs by any agency of State or local government dealing with, or related to, the acquisition, ownership, use, management, and disposition, in part or whole, of title or interests in state-owned and other public lands;
Terms Used In North Carolina General Statutes 113A-155
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Areas of environmental concern: means : those areas of this State where uncontrolled development, unregulated use, or other man-related activities could result in major or irreversible damage to important environmental, historic, cultural, scientific or scenic values, or natural systems or processes which are of more than local significance, or could unreasonably endanger life or property as a result of natural hazards, or could result in loss of continued long-range productivity in renewable resource areas. See North Carolina General Statutes 113A-152
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Key facilities: means public facilities which tend to induce development and urbanization of more than local impact and includes, but is not limited to, major facilities for the development, generation, and transmission of energy, for communication, and for transportation. See North Carolina General Statutes 113A-152
- Local government: means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Article. See North Carolina General Statutes 113A-152
- New communities and large-scale developments: means private development which, because of its magnitude or the magnitude of its effect on the surrounding environment, is likely to present issues of more than local significance. See North Carolina General Statutes 113A-152
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- regional: means or refers to one or more of the official planning regions established pursuant to the laws of this State. See North Carolina General Statutes 113A-152
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) A compilation of all appropriate State laws, appellate court decisions, and current administrative practices, policies and principles, as established by precedent or administrative order, when accepted and recognized as such by the Land Policy Council; and
(3) Principles, guidelines and methods regarding specific land-use and management problems identified by the Land Policy Council, which shall include, but not be limited to, the following:
a. Specific policies and principles for early acquisition of a reserve of lands to form a resource base from which needs for parklands, recreation sites, water reservoirs, key facilities, and other public needs may be met.
b. Specific policies and principles for the location, coordination, consolidation and joint use of utility rights-of-way, of whatever sort, whether above, below, or on the surface of the ground.
c. Specific policies regarding large-scale and special public projects and assemblage of land therefor.
d. Specific policies for determination and certification of areas of environmental concern.
e. Specific policies regarding new communities and large-scale developments on nongovernment lands.
f. Specific policies regarding projects of regional impact.
g. Other similar and related policies and directives as may be necessary to carry out the purpose of this Article.
(b) Effect. – Such policies, principles, directives and methods, when not inconsistent or in conflict with existing law or rules, shall guide and determine the administrative procedures, findings, decisions and objectives of all agencies of State and local government with regard to acquisition, management, and disposition of public lands and interests therein and the regulation of private lands involved in or affected by areas of environmental concern, new communities, large-scale developments and projects of regional impact.
(c) Repealed by Session Laws 1987, c. 827, s. 147. (1973, c. 1306, s. 1; 1987, c. 827, s. 147.)