North Carolina § 122C-403 - Secretary's authority over Camp Butner reservation.

§ 122C-403. Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation except (i) those areas within the municipal boundaries of the Town of Butner and (ii) that portion of the Town of Butner's extraterritorial jurisdiction consisting of lands not owned by the State of North Carolina. In performing this duty, the Secretary has the powers listed below. In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary. The Secretary may: Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes. Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes. Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article. In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A-384, but the Secretary shall give the mayor of the Town of Butner at least 14 days' advance written notice of any proposed zoning change. The Secretary may designate Advisory establish a board to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation. When acting as a Board of Adjustment, Advisory that board shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A-388. Establish one or more planning agencies in accordance with the power granted in G.S. 160A-361. Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes. Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A-458 and Article 4 of Chapter 113A of the General Statutes. Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A-413 and Article 20, Part 1, of Chapter 160A of the General Statutes. Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A-458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes. Repealed by Session Laws 2007-269, s. 4. For effective date, see editor's note. Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Secretary's designee. Repealed by Session Laws 2007-269, s. 4. For effective date, see editor's note. Adopt rules to carry out the purposes of this Article. History (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997-59, s. 5; 1997-443, s. 11A.118(a); 1999-140, s. 4; 2007-269, s. 4; 2015-160, s. 3.) Editor's Note. - Session Laws 1987, c. 536, which amended this section, in s. 6 provides that a county ordinance that applies to the Camp Butner reservation on the effective date of the act (July 2, 1987) shall continue to apply until the Secretary of the Department of Human Resources withdraws his approval of the ordinance or the county amends or repeals the ordinance so that it no longer applies to the Camp Butner reservation. Session Laws 1999-140, s. 4, amended this section effective when a majority of the members of the Butner Advisory Council created pursuant to G.S. 122C-413 (now repealed) as enacted by Session Laws 1999-140 have been elected and qualified. G.S. 122C-413 (now repealed) was precleared and, in November 2003 elections for the Council were held. This section was amended by Session Laws 2007-269, s. 4, in the coded bill drafting format provided by G.S. 120-20.1 . In the next-to-last sentence in subdivision (3), the act struck through "the Butner" but failed to strike through "designate," which immediately preceded it. In the same sentence, the act also struck through "Council" but failed to strike through "Advisory," which immediately preceded it. In the last sentence, the act struck through "the Butner" but failed to strike through "Advisory," which immediately followed it. The next-to-last and last sentences have been set out in the form above at the direction of the Revisor of Statutes. Session Laws 2007-269, s. 14.1, provides: "Section 1.1 through 14 of this act shall become effective only if the Charter of the Town of Butner is approved under section 5 of the Voting Rights Act of 1965; provided, however, that if the Charter is not approved under section 5 of the Voting Rights Act of 1965 because of any provisions contained in Article III or Article IV of the Charter, the Butner Advisory Council established in accordance with G.S. 122C-413 [now repealed] may make such amendments to the Article III or IV of the Charter as it, in its sole discretion, deems necessary to obtain such approval, and such amendments shall be filed in accordance with G.S. 160A-111 . If the Charter is not approved, Sections 1.1 through 14 of this act have no force and effect. If the Charter is approved, then those sections become effective on the first day of the next calendar month that begins more than three days after the approval, except that the persons appointed as temporary officers under Section 3.2 of the Charter may immediately take the oath of office and take such preliminary actions as may be necessary for initial organization, personnel actions, and budget adoption, in such special meetings as may be called under G.S. 160A-71 ." Preclearance was received from the United States Department of Justice by letter dated October 1, 2007. G.S. 122C-413 and 122C-413.1, referred to in this section, were repealed by Session Laws 2007-269, s. 10. For effective date of repeal, see the Editor's note under G.S. 122C-413 . Session Laws 2015-160, s. 6, made the amendment to subdivision (3) by Session Laws 2015-160, s. 3, applicable to zoning ordinance changes initiated on or after August 1, 2015. Effect of Amendments. - Session Laws 2007-269, s. 4, inserted "except (i) those areas ... State of North Carolina" in the first sentence of the introductory paragraph; rewrote subdivisions (3) and (4); deleted subdivisions (8a) and (9a); and substituted "Secretary's designee" for "Butner Town Manager" in subdivision (9). For effective date, see Editor's note. Session Laws 2015-160, s. 3, effective August 1, 2015, deleted "and the protest petition requirements in G.S. 160A-385, and 160A-386 do not apply" following "under G.S. 160A-384" in the third sentence of subdivision (3). Opinions of Attorney General Duties of the Planning Council. - Until there is a vacancy in the position of Town Manager, the Planning Council is not required to submit three names to the Secretary. If the Planning Council were required to submit names while the position is filled, it would have the de facto power to fire the current Town Manager, a result which is clearly inconsistent with the authority and discretion given to the Secretary. See opinion of Attorney General to R. Marcus Lodge General Counsel Department of Health and Human Services, 1997 N.C.A.G. 64 (11/4/97).