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(2006 Session)

As in past years, several local bills were enacted affecting the extraterritorial planning jurisdiction of individual local governments. S.L. 2006-171 (S 350) allows the towns of Marshville and Wingate to extend municipal extraterritorial jurisdiction without county approval to areas already subject to county zoning and subdivision regulation if the towns give Union County 180 days’ notice of their intent to do so. S.L. 2006-51 (H 2524) gives the town of Chocowinity authority to extend its extraterritorial planning jurisdiction to a 278-acre area specifically described in the legislation. S.L. 2006-58 (H 2549) annexes a specified area into the town of Landis effective September 30, 2007, and allows the town to extend its extraterritorial jurisdiction to that area in the interim.

One new town was incorporated in 2006. S.L. 2006-37 (S 1852) creates the Town of Midway in Davidson County. The new town is prohibited from annexing additional territory into Forsyth County, and annexations in a specified area of Davidson County may be made only pursuant to an annexation agreement with Winston-Salem.

Four different categories of local bills affecting corporate limits were enacted in 2006. The first category allows additional satellite annexations. The second annexes specific areas. The third category deannexes specified areas. The fourth limits future annexations.

Ten municipalities received exemptions from the rule of G.S. 160A-58.1(b)(5) that the noncontiguous area of a city cannot exceed 10 percent of the land area within its primary corporate limits (sixty-three municipalities had been exempted from the 10 percent limit before 2006). S.L. 2006-62 (H 1989) adds Princeton and Smithfield to the municipalities authorized to exceed the 10-percent limit. S.L. 2006-130 (H 1820) does the same for Grimesland, Stem, and Stovall, and S.L. 2006-122 (S 1428) does the same for Benson, Burgaw, Clayton, Dobson, and Yadkinville.

Specific annexations were approved for six municipalities. S.L. 2006-36 (S 1905) annexes a specified area into the city of Asheville and provides that vested rights to development set forth in site-specific development plans previously approved by the county are to remain effective until 2010. S.L. 2006-47 (H 1992) adds two specified areas to Shallotte. S.L. 2006-53 (H 2725) adds a specified area to Chapel Hill. S.L. 2006-55 (H 2491) adds three tracts to Candor, effective January

1, 2007. S.L. 2006-57 (H 2604) adds a specified area to Clayton. S.L. 2006-58 adds nine specified tracts to Landis.

Specific areas were removed from the corporate limits of six municipalities. S.L. 2006-35 (S 1526) deletes a tract from Reidsville. S.L. 2006-44 (H 1881) deletes a tract from Pink Hill. S.L. 2006-46 (H 1913) deletes two tracts from Red Cross and provides that one of the tracts reverts to county zoning jurisdiction and the county zoning designation it had prior to annexation. S.L. 2006-56 (H 2656) removes tracts from Dortches and Morganton. It further provides that the tract removed from the Morganton corporate limits reverts to the Residential Transition zoning classification under city zoning. S.L. 2006-84 (S 1734) removes a tract from Harrisburg.

Two local bills limit future municipal annexations. S.L. 2006-4 (H 1819) prohibits any annexation of the area within the Lyons Station Sanitary District (adjacent to Camp Butner) until June 30, 2008. S.L. 2006-22 prohibits any municipality outside of Lincoln County from annexing or extending extraterritorial jurisdiction into Lincoln County. Senate Bill 386, which would have similarly limited annexation and extraterritorial jurisdiction extensions into Cabarrus County by municipalities located outside the county was approved by the Senate but not the House of Representatives. House Bill 2005, which proposed the same limits for Davidson County, was not adopted by either chamber.

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