North Carolina § 153A-471 - Unified government.

§ 153A-471. Unified government.

Except as provided in this section, the powers, duties, functions, rights, privileges, and immunities of a city are vested with any county that has either: No portion of an incorporated municipality located within its boundaries; or One incorporated municipality located within the county, but the land area of that municipality is located primarily in another county and consists of less than 100 acres within the county exercising powers under this Article. All of the following shall apply to any county exercising the powers, duties, functions, rights, privileges, and immunities of a city under this Article: It may not exercise any such powers, duties, functions, rights, privileges, and immunities outside the boundaries of the county. Article 4A of Chapter 160A of the General Statutes (Extension of Corporate Limits) does not apply. Article 5 of Chapter 160A of the General Statutes (Form of Government) does not apply. Article 7 of Chapter 160A of the General Statutes (Administrative Offices) does not apply. Article 13 of Chapter 160A of the General Statutes (Law Enforcement) does not apply. G.S. 153A-340(b) (Zoning of Bona Fide Farms) shall apply to all areas within the county boundaries. The provisions of Chapter 163 of the General Statutes relating to municipal elections do not apply except to the extent they applied to the county absent this Article. If the county is subject to this Article under subdivision (a)(2) of this section, it may not exercise any such powers, duties, functions, rights, privileges, and immunities within the corporate limits of the municipality located partly within the county. The board of commissioners may by ordinance provide that this Article does not confer the power, duty, function, right, privilege, or immunity of a city upon the county as to a specific power, duty, function, right, privilege, or immunity, and as to such specified power, duty, function, right, privilege, or immunity it shall not be considered as a city. If the board of commissioners exercises any power, duty, function, right, privilege, or immunity authorized under both Chapter 153A and Chapter 160A of the General Statutes, and those statutes conflict, the board of commissioners shall state in their minutes under which Chapter the power, duty, function, right, privilege, or immunity is being exercised. History (2005-35, s. 1; 2005-433, s. 10(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor substituted "Subchapter III of Chapter 163 A" for "Chapter 163" in subdivision (b)(7). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1 repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the reference. Effect of Amendments. - Session Laws 2005-433, s. 10(a), effective September 22, 2005, rewrote subsection (a); and added subdivision (b)(8).