North Carolina § 153A-121 - General ordinance-making power.

§ 153A-121. General ordinance-making power.

A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances. This section does not authorize a county to regulate or control vehicular or pedestrian traffic on a street or highway under the control of the Board of Transportation, nor to regulate or control any right-of-way or right-of-passage belonging to a public utility, electric or telephone membership corporation, or public agency of the State. In addition, no county ordinance may regulate or control a highway right-of-way in a manner inconsistent with State law or an ordinance of the Board of Transportation. This section does not impair the authority of local boards of health to adopt rules and regulations to protect and promote public health. History (1963, c. 1060, ss. 1, 11/2; 1965, cc. 388, 567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1-3; 1973, c. 507, s. 5; c. 822, s. 1.) Local Modification. - Orange: 1991, c. 246, s. 5. Cross References. - As to waiver of certain dentistry and dental hygiene requirements under Articles 2 and 16 of Chapter 90 during state of emergency declarations, see G.S. 90-28.5 . Editor's Note. - Session Laws 2014-120, s. 32(b)-(d), provides: "(b) No later than November 1, 2014, and November 1, 2015, the Department of Agriculture and Consumer Services shall report to the Environmental Review Commission on any local government ordinances that impinge on or interfere with any area subject to regulation by the Department. "(c) No later than November 1, 2014, and November 1, 2015, the Department of Environment and Natural Resources shall report to the Environmental Review Commission on any local government ordinances that impinge on or interfere with any area subject to regulation by the Department. "(d) In developing the reports pursuant to Sections 32(b) and 32(c) of this act, the Department of Environment and Natural Resources and the Department of Agriculture and Consumer Services shall solicit and receive input from the public regarding any local government ordinances that impinge on or interfere with any area subject to regulation by the respective Department." Legal Periodicals. - For article on local legislation in the General Assembly, discussing former G.S. 153-9(55), see 45 N.C.L. Rev. 340 (1967). For article, "Regulating Obscenity Through the Power to Define and Abate Nuisances," see 14 Wake Forest L. Rev. 1 (1978). For survey of 1983 developments in property law, see 62 N.C.L. Rev. 1346 (1984). For note, "Preemption Hogwash: North Carolina's Judicial Repeal of Local Authority to Regulate Hog Farms in Craig v. County of Chatham," see 80 N.C.L. Rev. 2121 (2002). For article, "A Localist Reading of Local Immigration Regulations," see 86 N.C.L. Rev. 1619 (2008). For article, "Toward a Comprehensive Program for Regulating Vacant or Abandoned Dwellings in North Carolina: The General Police Power, Minimum Housing Standards, and Vacant Property Registration," see 32 Campbell L. Rev. 1 (2009). For article, "Public Education, Local Authority, and Democracy: The Implied Power of North Carolina Counties to Impose School Impact Fees," see 33 Campbell L. Rev. 239 (2011).