North Carolina General Statutes 113A-156. State land classification system
(a) Purpose. – Within two years following July 1, 1974, the North Carolina Land Policy Council shall develop a State land classification system, which shall include comprehensive guidelines and policies and a method for the classification of all lands in the State for the purposes of:
(1) Providing to State and local governmental agencies a system for achieving the stated purposes of this Article.
Terms Used In North Carolina General Statutes 113A-156
- 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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) Promoting the orderly growth and development of the State in a manner consistent with the wise use and conservation of the land resources.
(3) Assuring that the use and development of land in areas of environmental concern within the State is not inconsistent with the State land policy.
(4) Assuring that the use of land for key facilities, new communities, and large-scale developments, or in areas which are or may be impacted by key facilities, new communities, and large-scale developments, is not inconsistent with the State land policy.
(b) Criteria for Classification. – The Council shall develop and adopt as a part of the classification system no fewer than four nor more than eight classifications which recognize all lands as a basic social and natural resource and which provide for the full range of private and public purposes in the use and conservation of the land resource. Emphasis shall be given to a harmonious relationship among the use potentials of the land, the physical and fiscal feasibility of providing necessary public services, and other facilities and social services. Areas of environmental concern, key facilities, projects of regional impact, new communities, and large-scale developments shall be recognized and made a part of the land classification system in order to further the stated purposes of this Article.
(c) Basis for Land Classification. – Full consideration shall be given, but shall not be limited to, the following aspects and characteristics of the lands of the State:
(1) Topographic features such as land elevations and gradients.
(2) Surface and underground waters, natural or artificial.
(3) Geological, chemical, mineral and physical characteristics of the land.
(4) The existing or potential utility of lands and sites having intrinsic historic, ecological, recreational, scenic or esthetic values or virtues.
(5) The availability or potential availability of public services, including key facilities, health, education, and other community facilities and social services.
(6) Areas of environmental concern, existing or potential key facilities, projects of regional impact, new communities, and large-scale development.
(d) Content. – The State land classification system shall include, but specifically is not limited to, the following:
(1) Concise and explicit descriptions of each of the classification categories.
(2) Guidelines and procedures for the preparation of official land-use plans by the land-planning agencies of local government, including a procedure for review by an appropriate State agency for sufficiency and consistency with the provisions of this Article, and a procedure for assembling local plans into regional plans.
(3) Rules and procedures for land reclassification together with an appellate procedure for property owners and other affected individuals, including officers of any level of government.
(e) Repealed by Session Laws 1987, c. 827, s. 148. (1973, c. 1306, s. 1; 1987, c. 827, s. 148.)