NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 473

SENATE BILL 378

AN ACT TO AMEND CHAPTER 1070 OF THE NORTH CAROLINA SESSION LAWS OF 1967 TO MAKE STATUTES AUTHORIZING ZONING, SUBDIVISION REGULATIONS, BUILDING CODES AND ACQUISITION OF OPEN SPACE APPLICABLE TO FLOOD PLAIN MANAGEMENT.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 1070 of the North Carolina Session Laws of 1967 is hereby amended as follows:

(a)  By striking out all of paragraph 3 as follows:

"WHEREAS, the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish flood plain management rests with local levels of government: Now, therefore,"

(b)  By substituting for the paragraph so stricken, the following:

"WHEREAS, the primary responsibility for determining flood hazards rests with local levels of government, using available Federal programs if desired; and the authority for the adoption and enforcement of land use regulations has been given to local governments to accomplish flood plain management and other purposes, including building codes (G.S. 143-138), zoning (G.S. Chapter 160, Article 14 and G.S. Chapter 153, Article 20B), subdivision regulation (G.S. Chapter 160, Article 18, Part 3A and G.S. Chapter 153, Article 20A), and acquisition of open space (G.S. Chapter 160, Article 14A); Now, therefore,"

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act becomes effective upon its ratification.

In the General Assembly read three times and ratified, this the 12th day of May, 1969.