North Carolina § 106-678 - Authority to regulate fertilizers.

§ 106-678. Authority to regulate fertilizers.

No county, city, or other political subdivision of the State shall adopt or continue in effect any ordinance or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacture, or application of fertilizer. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from exercising its planning and zoning authority under Article 19 of Chapter 160A of the General Statutes or Article 18 of Chapter 153A of the General Statutes or from exercising its fire prevention or inspection authority. Nothing in this section shall limit the authority of the Department of Environmental Quality or the Environmental Management Commission to enforce water quality standards. Nothing in this section shall prohibit a county, city, or other political subdivision of the State from adopting ordinances regulating fertilizers to protect water quality, provided that the ordinances have been approved by the Environmental Management Commission or the Department of Environmental Quality as part of a local plan or National Pollutant Discharge Elimination System permit application and do not exceed the State's minimum requirements to protect water quality as established by the Environmental Management Commission under Part 1 of Article 21 of Chapter 143 of the General Statutes. Nothing in this section shall prohibit a county or city from exercising its authority to regulate explosive, corrosive, inflammable, or radioactive substances pursuant to G.S. 153A-128 or G.S. 160A-183 . History (2014-113, s. 2.4(b); 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 2014-103, s. 18(b), made this section effective August 6, 2014. Session Laws 2014-103, s. 2(a), amends G.S. 106-678 , contingent on Senate Bill 38, 2013 Regular Session, becoming law. Senate Bill 38 did not pass. Session Laws 2014-103, s. 2(b), adds G.S. 106-678 , contingent on Senate Bill 38, 2013 Regular Session, not becoming law. Senate Bill 38 did not pass. Session Laws 2014-103, s. 18(a) is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" two times. §§ 106-679 through 106-699: Reserved for future codification purposes.