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CFE 121100
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CFE 121100
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1/7/2019 5:13:56 PM
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. 10 <br /> County General Ordinance - making Authority ( G . S . 153A- 121 ) <br /> • May apply to forestry and timbering, but probably only to the extent that <br /> county zoning may apply <br /> State Soil Erosion and Sedimentation Control Authority ( G. S . 113A- 50 to - 66) <br /> • State regulations do not apply to land - disturbing activities "undertaken on <br /> forestland for the production and harvesting of timber and timber products and <br /> conducted in accordance with best management practices set out in Forest <br /> Practice Guidelines Related to Water Quality, as adopted by the Department (of <br /> Environment and Natural Resources) . " ( G . S . 113A- 52 . 01 (2) ) . <br /> • County soil erosion and sedimentation control ordinances also do not apply , to <br /> the extent of the exemption . <br /> • This exemption may preempt or block other types of local government <br /> ordinances (e . g . , zoning or free- standing ordinances) if they focus unduly on the <br /> land- disturbing features of timber harvesting or on forestry practices per se . <br /> Agricultural and Forestry Operations Nuisance Statutes (G. S . 106 - 701 ) <br /> • Forestry operations that have been in operation for more than one year may <br /> not be deemed a private or public nuisance because of changing conditions in its <br /> vicinity if the forestry operation was not a nuisance at the time it began <br /> • More specifically , a local government ordinance may not make such a forestry <br /> operation a nuisance or provide for its abatement <br /> • Statute does not apply to sawmill operations <br /> • Statute applies to territory outside city limits as those city limits existed when <br /> the statute was passed (in 1979) . <br /> • Statute could well have the effect of preventing a zoning ordinance from <br /> requiring that a forestry operation that - is nonconforming under the ordinance be <br /> amortized ( i . e . , terminated after a period of time has elapsed that is sufficient to <br /> allow the owner to recover the owner ' s investment in the property) <br />
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