§ 113A-205 – Short title.
113A-205. Short title. This Article shall be known as the Mountain Ridge Protection Act of 1983. (1983, c. 676, s. 1.)
113A-205. Short title. This Article shall be known as the Mountain Ridge Protection Act of 1983. (1983, c. 676, s. 1.)
113A-206. Definitions. Within the meaning of this Article: (1) The word "person" includes any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity. (2) A person, as […]
113A-207. Legislative findings. The construction of tall or major buildings and structures on the ridges and higher elevations of North Carolina’s mountains in an inappropriate or badly designed manner can cause unusual problems and hazards to the residents of and to visitors to the mountains. Supplying water to, and disposing of the sewage from, buildings […]
113A-208. Regulation of mountain ridge construction by counties and cities. (a) Any county or city may adopt, effective not later than January 1, 1984, and may enforce an ordinance that regulates the construction of tall buildings or structures on protected mountain ridges by any person. The ordinance may provide for the issuance of permits to […]
113A-209. Certain buildings prohibited. (a) This section applies beginning January 1, 1984, in any county or city that has failed to adopt a ridge protection ordinance pursuant to G.S. 113A-208 by January 1, 1984. (b) No county or city may authorize the construction of, and no person may construct, a tall building or structure on […]
113A-210. Application to existing buildings. General Statutes 113A-208 and 113A-209 apply to buildings that existed upon the effective date of this Article as follows: (1) No reconstruction, alteration or expansion may aggravate or intensify a violation by an existing building or structure that did not comply (a) with G.S. 113A-209 upon its effective date, or […]
113A-211. Enforcement and penalties. (a) Violations of this Article shall be subject to the same criminal sanctions, civil penalties and equitable remedies as provided by G.S. 160D-404. (b) Any person injured by a violation of this Article or any person who resides in the county in which the violation occurred may bring a civil action […]
113A-212. Assistance to counties and cities under ridge law. (a) The Secretary of Environmental Quality shall provide assistance upon request to the counties and cities in carrying out their functions pursuant to this Article, such as by providing model studies, plans, and ordinances for their consideration. (b) The Secretary of Environmental Quality shall identify the […]
113A-213. Article is supplemental. This Article provides a supplemental source of authority in addition to other present or future legislation and shall not be construed as prescribing an exclusive procedure or as granting exclusive powers. (1983, c. 676, s. 1.)
113A-214. Choosing coverage or removal from coverage of this Article. (a) This Article shall apply in all counties and cities unless and until the jurisdiction adopts an ordinance exempting itself from the coverage of this Article. This exemption shall only be effective after a binding referendum, in which all registered voters in the jurisdiction are […]