Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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57 (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 G.S. 113-131, or common law as interpreted and applied by the courts of this State; (ii) limit any other authority granted to cities 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 G.S. 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, except as provided in subsection (a) of this section." PROHIBIT CITIES AND COUNTIES FROM REQUIRING COMPLIANCE WITH VOLUNTARY REGULATIONS AND RULES ADOPTED BY STATE DEPARTMENTS OR AGENCIES SECTION 2.(a) Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read as follows: 153A-145.6. Requiring compliance with voluntary State regulations and rules prohibited. (aa,) If a State department or agency declares a regulation or rule to be voluntary or the General Assembly delays the effective date of a regulation or rule proposed or adopted by the Environmental Management Commission, or any other board or commission, a county shall not require or enforce compliance with the aplicable regulation or rule, including any regulation or rule previously or hereafter incorporated as a condition or contractual obligation imposed by, agreed upon, or accepted by the county in any zoning, land use, subdivision, or other developmental aproval, including, without limitation, a development permit issuance, development agreement, site-specific development plan, or phased development plan. This section shall aply to the following regulations and rules: Those currently in effect. Those repealed or otherwise expired. Those temporarily or permanently held in abeyance. Those adopted but not yet effective. (c) This section shall not aply to any water usage restrictions during either extreme or exceptional drought conditions as determined by the Drought Management Advisory Council _pursuant to G.S. 143-355.1." SECTION 2.(b) Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows: 160A-205.1. Requiring compliance with voluntary State regulations and rules prohibited. (aa,) If a State department or agency declares a regulation or rule to be voluntary or the General Assembly delays the effective date of a regulation or rule proposed or adopted by the Environmental Management Commission, or any other board or commission, a city shall not require or enforce compliance with the aplicable regulation or rule, including any regulation or rule previously or hereafter incorporated as a condition or contractual obligation imposed by, agreed upon, or accepted by the city in any zoning, land use, subdivision, or other developmental aproval, including, without limitation, a development permit issuance, development agreement, site-specific development plan, or phased development plan. This section shall aply to the following regulations and rules: Those currently in effect. Those repealed or otherwise expired. Those temporarily or permanently held in abeyance. Those adopted but not yet effective. (c) This section shall not aply to any water usage restrictions during either extreme or exceptional drought conditions as determined by the Drought Management Advisory Council pursuant to G.S. 143-355.1." LOCAL PUBLIC HEALTH MAINTENANCE OF EFFORT MONIES SECTION 2.5.(a) G.S. 130A-34.4(a)(2)is repealed. SECTION 2.5.(b) This section becomes effective July 1, 2016. Page 2 Session Law 2015-246 House Bill 44-Ratified