North Carolina General Statutes 153A-145.3. Counties enforce ordinances within public trust areas
Terms Used In North Carolina General Statutes 153A-145.3
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- County: means any one of the counties listed in N. See North Carolina General Statutes 153A-1
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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
(a) Notwithstanding the provisions of N.C. Gen. Stat. § 113-131 or any other provision of law, a county may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the State‘s ocean beaches and prevent or abate any unreasonable restriction of the public’s rights to use the State’s ocean beaches. In addition, a county may, in the interest of promoting the health, safety, and welfare of the public, regulate, restrict, or prohibit the placement, maintenance, location, or use of equipment, personal property, or debris upon the State’s ocean beaches. A county may enforce any ordinance adopted pursuant to this section or any other provision of law upon the State’s ocean beaches located within the county’s jurisdictional boundaries to the same extent that a county may enforce ordinances within the county’s jurisdictional boundaries. A county may enforce an ordinance adopted pursuant to this section by any remedy provided for in N.C. Gen. Stat. § 153A-123 For purposes of this section, the term “ocean beaches” has the same meaning as in N.C. Gen. Stat. § 77-20(e).
(b) Nothing in this section shall be construed to (i) limit the authority of the State or any State agency to regulate the State’s ocean beaches as authorized by N.C. Gen. Stat. § 113-131, or common law as interpreted and applied by the courts of this State; (ii) limit any other authority granted to counties by the State to regulate the State’s ocean beaches; (iii) deny the existence of the authority recognized in this section prior to the date this section becomes effective; (iv) impair the right of the people of this State to the customary free use and enjoyment of the State’s ocean beaches, which rights remain reserved to the people of this State as provided in N.C. Gen. Stat. § 77-20(d); (v) change or modify the riparian, littoral, or other ownership rights of owners of property bounded by the Atlantic Ocean; or (vi) apply to the removal of permanent residential or commercial structures and appurtenances thereto from the State’s ocean beaches. (2015-70, s. 1.)