North Carolina General Statutes 153A-471. Unified government
(a) Except as provided in this section, the powers, duties, functions, rights, privileges, and immunities of a city are vested with any county that has either:
(1) No portion of an incorporated municipality located within its boundaries; or
Terms Used In North Carolina General Statutes 153A-471
- City: means a city as defined by N. See North Carolina General Statutes 153A-1
- County: means any one of the counties listed in N. See North Carolina General Statutes 153A-1
- 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
- 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) One incorporated municipality located within the county, but the land area of that municipality is located primarily in another county and consists of less than 100 acres within the county exercising powers under this Article.
(b) All of the following shall apply to any county exercising the powers, duties, functions, rights, privileges, and immunities of a city under this Article:
(1) It may not exercise any such powers, duties, functions, rights, privileges, and immunities outside the boundaries of the county.
(2) Article 4A of Chapter 160A of the N.C. Gen. Stat. (Extension of Corporate Limits) does not apply.
(3) Article 5 of Chapter 160A of the N.C. Gen. Stat. (Form of Government) does not apply.
(4) Article 7 of Chapter 160A of the N.C. Gen. Stat. (Administrative Offices) does not apply.
(5) Article 13 of Chapter 160A of the N.C. Gen. Stat. (Law Enforcement) does not apply.
(6) N.C. Gen. Stat. § 160D-903(a) and (b) shall apply to all areas within the county boundaries.
(7) The provisions of Chapter 163 of the N.C. Gen. Stat. relating to municipal elections do not apply except to the extent they applied to the county absent this Article.
(8) If the county is subject to this Article under subdivision (a)(2) of this section, it may not exercise any such powers, duties, functions, rights, privileges, and immunities within the corporate limits of the municipality located partly within the county.
(c) The board of commissioners may by ordinance provide that this Article does not confer the power, duty, function, right, privilege, or immunity of a city upon the county as to a specific power, duty, function, right, privilege, or immunity, and as to such specified power, duty, function, right, privilege, or immunity it shall not be considered as a city.
(d) If the board of commissioners exercises any power, duty, function, right, privilege, or immunity authorized under both Chapter 153A and Chapter 160A of the N.C. Gen. Stat., and those statutes conflict, the board of commissioners shall state in their minutes under which Chapter the power, duty, function, right, privilege, or immunity is being exercised. (2005-35, s. 1; 2005-433, s. 10(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1; 2022-55, s. 7(f); 2022-62, s. 42(a), (b).)