North Carolina General Statutes 62-106. Effect of local ordinances
Terms Used In North Carolina General Statutes 62-106
- Certificate: means a certificate of public convenience and necessity issued by the Commission to a person or public utility or a certificate of authority issued by the Commission to a bus company. See North Carolina General Statutes 62-3
- Commission: means the North Carolina Utilities Commission. See North Carolina General Statutes 62-3
- county: means any one of the counties listed in N. See North Carolina General Statutes 62-100
- Municipality: means any incorporated community, whether designated in its charter as a city, town, or village. See North Carolina General Statutes 62-3
- municipality: means any incorporated community, whether designated as a city, town, or village and any area over which it exercises any of the powers granted by Chapter 160D of the N. See North Carolina General Statutes 62-100
- transmission line: means an electric line designed with a capacity of at least 161 kilovolts. See North Carolina General Statutes 62-100
Within 30 days after receipt of notice of an application as provided by N.C. Gen. Stat. § 62-102, a municipality or county shall file with the Commission and serve on the applicant the provisions of an ordinance that may affect the construction, operation, or maintenance of the proposed transmission line in the manner provided by the rules of the Commission. If the municipality or county does not serve notice as provided above of any such ordinance provisions, the provisions of such ordinance may not be enforced by the municipality or county. If the applicant proposes not to comply with any part of the ordinance, the applicant may move the Commission for an order preempting that part of the ordinance. Service of the motion on the municipality or county by the applicant shall make the municipality or county a party to the proceeding. If the Commission finds that the greater public interest requires it, the Commission may include in a certificate issued under this Article an order preempting any part of such county or municipal ordinance with respect to the construction, operation or maintenance of the proposed transmission line. (1991, c. 189, s. 1.)