North Carolina § 160A-58 - 1. Petition for annexation; standards.

§ 160A-58. 1. Petition for annexation; standards.

Upon receipt of a valid petition signed by all of the owners of real property in the area described therein, a city may annex an area not contiguous to its primary corporate limits when the area meets the standards set out in subsection (b) of this section. The petition need not be signed by the owners of real property that is wholly exempt from property taxation under the Constitution and laws of North Carolina, nor by railroad companies, public utilities as defined in G.S. 62-3(23), or electric or telephone membership corporations. A petition is not valid in any of the following circumstances: It is unsigned. It is signed by the city for the annexation of property the city does not own or have a legal interest in. For the purpose of this subdivision, a city has no legal interest in a State-maintained street unless it owns the underlying fee and not just an easement. It is for the annexation of property for which a signature is not required and the property owner objects to the annexation. A noncontiguous area proposed for annexation must meet all of the following standards: The nearest point on the proposed satellite corporate limits must be not more than three miles from the primary corporate limits of the annexing city. No point on the proposed satellite corporate limits may be closer to the primary corporate limits of another city than to the primary corporate limits of the annexing city, except as set forth in subsection (b2) of this section. The area must be so situated that the annexing city will be able to provide the same services within the proposed satellite corporate limits that it provides within its primary corporate limits. If the area proposed for annexation, or any portion thereof, is a subdivision as defined in G.S. 160A-376, all of the subdivision must be included. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, may not exceed ten percent (10%) of the area within the primary corporate limits of the annexing city. Repealed by Session Laws 2004-203, ss. 13(a) and 13(d), effective August 17, 2004. A city may annex a noncontiguous area that does not meet the standard set out in subdivision (b)(2) of this section if the city has entered into an annexation agreement pursuant to Part 6 of this Article with the city to which a point on the proposed satellite corporate limits is closer and the agreement states that the other city will not annex the area but does not say that the annexing city will not annex the area. The annexing city shall comply with all other requirements of this section. The petition shall contain the names, addresses, and signatures of all owners of real property within the proposed satellite corporate limits (except owners not required to sign by subsection (a)), shall describe the area proposed for annexation by metes and bounds, and shall have attached thereto a map showing the area proposed for annexation with relation to the primary corporate limits of the annexing city. When there is any substantial question as to whether the area may be closer to another city than to the annexing city, the map shall also show the area proposed for annexation with relation to the primary corporate limits of the other city. The city council may prescribe the form of the petition. A city council which receives a petition for annexation under this section may by ordinance require that the petitioners file a signed statement declaring whether or not vested rights with respect to the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established under G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested rights shall be terminated. This subdivision does not apply to the Cities of Asheboro, Belmont, Claremont, Concord, Conover, Durham, Elizabeth City, Gastonia, Greenville, Hickory, Kannapolis, Kings Mountain, Locust, Lowell, Marion, Mount Airy, Mount Holly, New Bern, Newton, Oxford, Randleman, Roanoke Rapids, Rockingham, Saluda, Sanford, Salisbury, Shelby, Southport, Statesville, and Washington and the Towns of Ahoskie, Angier, Apex, Ayden, Belville, Benson, Bladenboro, Bridgeton, Bunn, Burgaw, Calabash, Carthage, Catawba, China Grove, Clayton, Columbia, Columbus, Cramerton, Creswell, Dallas, Dobson, Four Oaks, Franklin, Franklinton, Franklinville, Fuquay-Varina, Garner, Godwin, Granite Quarry, Green Level, Grimesland, Harrisburg, Holly Ridge, Holly Springs, Hookerton, Hope Mills, Huntersville, Jamestown, Kenansville, Kenly, Knightdale, Landis, Leland, Liberty, Lillington, Louisburg, Maggie Valley, Maiden, Mayodan, Maysville, Middlesex, Midland, Mocksville, Morrisville, Mount Pleasant, Nashville, North Wilkesboro, Norwood, Oak Island, Oakboro, Ocean Isle Beach, Pembroke, Pine Level, Pollocksville, Princeton, Ramseur, Ranlo, Richlands, Rockwell, Rolesville, Rutherfordton, Shallotte, Siler City, Smithfield, Spencer, Spring Lake, Stanley, Stem, Stovall, Surf City, Swansboro, Taylorsville, Troutman, Troy, Vass, Wallace, Warsaw, Watha, Waynesville, Weldon, Wendell, West Jefferson, Wilson's Mills, Windsor, Wingate, Yadkinville, Youngsville, and Zebulon. History (1973, c. 1173, s. 2; 1989 (Reg. Sess., 1990), c. 996, s. 4; 1997-2, s. 1; 2001-37, s. 1; 2001-72, s. 1; 2001-438, s. 1; 2002-121, s. 1; 2003-30, s. 1; 2004-203, s. 13(a), (c); 2004-57, s. 1; 2004-99, s. 1; 2004-203, ss. 13(a)-(d); 2005-52, s. 1; 2005-71, s. 1; 2005-79, s. 1; 2005-173, s. 1; 2005-433, s. 9; 2006-62, s. 1; 2006-122, s. 1; 2006-130, s. 1; 2007-17, s. 1; 2007-26, ss. 1, 2(a); 2007-62, s. 1; 2007-225, s. 1; 2007-311, s. 1; 2007-342, s. 1; 2008-24, s. 1; 2008-30, s. 1; 2009-40, s. 2; 2009-53, s. 1; 2009-111, s. 1; 2009-156, s. 1; 2009-298, s. 1; 2009-323, s. 1; 2011-57, s. 1; 2012-96, s. 1; 2013-248, s. 1; 2014-30, s. 2(a); 2015-80, s. 1; 2015-81, s. 2(a); 2015-172, s. 2; 2016-48, s. 2; 2018-56, s. 1; 2019-58, s. 1; 2019-103, s. 1; 2019-160, s. 1; 2021-17, s. 2; 2021-21, s. 1; 2021-86, s. 1; 2021-87, s. 1; 2021-101, s. 1.) Local Modification. - Brunswick: 2001-478, s. 1 (as to subdivision (b)(2)); Municipalities located wholly or partly in Guilford: 1987 (Reg. Sess., 1988), c. 1009, s. 6; Union: 2003-321, s. 1; city of Archdale: 2015-81, s. 1 (as to subdivision (b)(4)); city of Asheboro: 1998-203, s. 1; city of Asheville: 2005-139, s. 3 (applicable to petitions for annexation received on or after June 30, 2005); city of Belmont: 2009-111 (as to subdivision (b)(5)); 2017-48, s. 1 (as to subdivision (b)(5)); city of Brevard: 1987, c. 254, s. 2; 2001-105, s. 2 (as to subdivision (b)(5)) city of Durham: 1987, c. 606; 2007-269, s. 1.1 (as to subdivision (b)(2)); city of Greensboro: 1997-344, s. 1; city of Greenville: 1999-283, s. 1; city of Henderson: 1996, 2nd Ex. Sess., c. 3, s. 1; city of Hickory: 1987, c. 179; 1999-208, s. 1; 1999-456, s. 49; city of Kannapolis: 2007-344, ss. 1, 3 (as to subdivision (b), and applicable only to annexations in the area of Cabarrus County bound by the existing city of Kannapolis corporate limits to the east, Mecklenburg County/Cabarrus County line to the west, the Cabarrus County/Rowan County/Iredell County lines to the north, and N.C. Highway 73 to the south); city of King's Mountain: 2003-241, s. 1; city of Kinston: 2017-85, s. 3(b); (as to subsection (c)); city of Mebane: 2017-82, s. 1; city of Mooresville, 1995, c. 82, s. 1; city of Mount Airy: 1999-232, s. 1; 2003-281, s. 1; city of Mount Holly: 1985, c. 110; city of New Bern: 1989, c. 382, s. 1; 1993 (Reg. Sess., 1994), c. 605, s. 3; 2016-41, s. 5; city of Newton: 2002-50, s. 1 (as to subdivision (b)(2)); city of Raleigh: 1998-200, s. 1; city of Reidsville: 1997-343; city of Rockingham: 1995 (Reg. Sess., 1996), c. 654, s. 1; city of Sanford: 2007-43, s. 1; 2019-105, s. 1 (as to subdivision (b)(1)); city of Statesville: 1989 (Reg. Sess., 1990), c. 882, s. 1; city of Winston-Salem: 2004-37, s. 1 (as to subdivision (b)(2)); town of Andrews: 2003-243, s. 1 (as to certain locations); town of Apex: 1993, c. 312, s. 3; 1995, c. 82, s. 1; town of Banner Elk: 1998-77; town of Beaufort: 1995, c. 82, s. 1, 1997-432, s. 1, 2003-204, s. 1; 2019-105, s. 1 (as to subsection (b)); town of Brookford: 1999-208, s. 1; 1999-456, s. 49; town of Butner: 2007-269, s. 1.1 (as precleared under Section 5 of the Voting Rights Act), as amended by 2012-117, s. 1; town of Canton: 1983, c. 301; 1985 (Reg. Sess., 1986), c. 979; 1997-2, s. 1; town of Clayton: 1993, c. 63, s. 1; 1999-10, s. 1; 2007-327, s. 2 (as to subdivision (b)(1)); town of Cornelius: 1999-103, s. 1; town of Davidson: 1999-85, s. 1; town of Eastover: 2007-267, s. 1 (as to subdivision (b)(2), contingent on preclearance under section 5 of the Voting Rights Act); town of Edenton: 1995 (Reg. Sess., 1996), c. 707; town of Franklin: 2015-81, s. 1 (as to subdivision (b)(4)); town of Fuquay-Varina: 1999-304, s. 1; town of Holly Springs: 1991, c. 243 (as to annexation ordinances adopted before July 1, 1993); town of Huntersville: 1999-24, s. 1; town of Kenly; 1987, c. 67; town of Kernersville: 2004-37, s. 1 (as to subdivision (b)(2)): town of Knightdale: 1987, c. 234; town of Madison (subdivision (b)(2) does not apply to Madison): 1997-251, s. 2; town of Maggie Valley: 2005-79 (as to subdivision (b)(4)); and 2008-28 (as to subdivision (b)(1), and applicable to annexations in certain area in Haywood county); town of Mayodan: 2001-405 (as to subdivisions (b)(4) and (b)(5)); town of Mooresville: 1997-219, ss. 2, 3; town of Morehead City: 1998-42; town of Oak Island: 2007-26, s. 2 (as to subdivision (b)(2) and notification requirement to the town of St. James); town of Oak Ridge: 1998-113; town of Pittsboro: 1987 (Reg. Sess., 1988), c. 1023, s. 4.1; town of Pleasant Garden: 1997-344, s. 1; towns of Summerfield and Leland: 1997-249; town of Trent Woods: 1989, c. 382, s. 1; town of Troy: 1993, c. 159, s. 2; town of Wake Forest: 1989 (Reg. Sess., 1990), c. 882, s. 2(a); 1997-432, s. 1(a), (b); town of Wallace: 1995 (Reg. Sess., 1996), c. 692, s. 1; 2012-118, s. 1, as amended by 2013-32, s. 1 (as to subdivision (b)(4)); town of Waxhaw: 2003-273, s. 2(b); town of Weaverville: 1989, c. 181, s. 1 (applicable with respect to annexation ordinances adopted on or before June 30, 1990); 1997-151, s. 2; town of Winterville: 2001-77, s. 1 (as to subdivision (b)(2)); village of Foxfire: 2014-30, s. 1(a) (as to subdivision (b)(4)); village of Marvin: 2002-140, s. 1 (as to subdivision (b)(5)). Editor's Note. - Session Laws 2001-37, s. 1, amended subsection (b) by deleting subdivision (b)(5), regarding limitations on the area within the proposed satellite corporate limits. Section 2 of the act made this amendment applicable to the Cities of Marion, Oxford, and Rockingham and the Towns of Calabash, Catawba, Dallas, Godwin, Louisburg, Mocksville, Pembroke, Rutherfordton, and Waynesville only. Session Laws 2001-37, ss. 1 and 2, have been codified as subsection (b1) at the direction of the Revisor of Statutes. Session Laws 2001-438, s. 1, also enacted a subsection (b1), which has been recodified as subsection (b2) at the direction of the Revisor of Statutes. Session Laws 2002-121, s. 1, provides that subdivision (b)(5) does not apply to the cities of Claremont, Concord, Conover, Newton, Sanford, and Southport, and the Towns of Maiden, Midland, Swansboro, and Warsaw. Session Laws 1997-2, s. 1, provided that subdivision (b)(5) did not apply to the town of Catawba, and Session Laws 2001-72, s. 1 provided the subdivision did not apply to the city of Salisbury. Since subdivision (b)(5) does not apply to more than 10 jurisdictions, the second paragraph of that subdivision has been added at the direction of the Revisor of Statutes. Session Laws 2007-26, s. 2(a), contained a local modification as to G.S. 160A-58.1(b)(2) and (b)(5). The local modification as to subdivision (b)(5) adds to a local modification that affects ten or more localities. It was codified at this section at the direction of the Revisor of Statutes by inserting "Oak Island" in the second paragraph of subdivision (b)(5). Pursuant to Session Laws 2009-298, s. 1, and at the direction of the Revisor of Statutes, the town of Huntersville has been added to the list of localities in subdivision (b)(5) to which that subdivision is inapplicable. Session Laws 2013-32, s. 1, amended subsection (b) by deleting subdivision (b)(4), regarding annexation of all of a subdivision. Section 2 deleted the limitation as applicable to the Vidant Family Medical Center. Section 3 of the act made this amendment applicable to the Town of Wallace only. Effect of Amendments. - Session Laws 2004-57, s. 1, effective July 6, 2004, rewrote the second paragraph of subdivision (b)(5). Session Laws 2004-99, s. 1, effective July 15, 2004, inserted "Angier" in the second paragraph of subdivision (b)(5). Session Laws 2004-203, ss. 13(a)-(d), effective August 17, 2004, rewrote subdivision (b)(5) and repealed subdivision (b1). Session Laws 2005-52, s. 1, effective May 18, 2005, inserted "Taylorsville" in subdivision (b)(5). Session Laws 2005-71, s. 1, effective June 1, 2005, inserted "Elizabeth City," "Greenville," "Ayden," "Surf City," and "Windsor" in subdivision (b)(5). Session Laws 2005-79, s. 1, effective June 7, 2005, inserted "Maggie Valley" in subdivision (b)(5). Session Laws 2005-173, s. 1, effective July 11, 2005, inserted "Kannapolis," "Landis," and "Shallotte, Spencer" in subdivision (b)(5). Session Laws 2005-433, s. 9, effective September 22, 2005, inserted "Columbia" in subdivision (b)(5). Session Laws 2006-62, s. 1, effective July 6, 2006, inserted "Princeton" and "Smithfield" in the second paragraph of subdivision (b)(5). Session Laws 2006-122, s. 1, effective July 18, 2006, inserted "Benson", "Burgaw", "Clayton", "Dobson", and "Yadkinville" in the second paragraph of subdivision (b)(5). Session Laws 2006-130, s. 1, effective July 19, 2006, inserted "Grimesland", "Stem" and "Stovall" in the second paragraph of subdivision (b)(5). Session Laws 2007-17, s. 1, effective April 19, 2007, inserted "Four Oaks" in the second paragraph of subdivision (b)(5). Session Laws 2007-26, s. 1, effective April 26, 2007, inserted "Green Level" in the second paragraph of subdivision (b)(5). Session Laws 2007-62, s. 1, effective June 6, 2007, inserted "Cramerton" and "Watha" in the second paragraph of subdivision (b)(5). Session Laws 2007-225, s. 1, effective July 17, 2007, inserted "Durham" in the second paragraph of subdivision (b)(5). Session Laws 2007-311, s. 1, effective July 28, 2007, inserted "Roanoke Rapids," "Ahoskie," "Columbus," and "Weldon" in the second paragraph of subdivision (b)(5). Session Laws 2007-342, s. 1, effective August 2, 2007, added "Mount Pleasant" in the second paragraph of subdivision (b)(5). Session Laws 2008-24, s. 1, effective June 30, 2008, inserted "Middlesex" and "Nashville" in the second paragraph of subdivision (b)(5). Session Laws 2008-30, s. 1, effective June 30, 2008, inserted "Granite Quarry," "Kenansville," "Lillington," "Nashville" and "Troutman" in the second paragraph of subdivision (b)(5). Session Laws 2009-40, s. 2, effective May 27, 2009, inserted "Richlands" in the second paragraph of subdivision (b)(5). Session Laws 2009-53, s. 1, effective June 2, 2009, inserted "Apex" in the second paragraph of subdivision (b)(5). Session Laws 2009-111, s. 1, effective June 16, 2009, inserted "Belmont" in the second paragraph of subdivision (b)(5). Session Laws 2009-156, s. 1, effective June 23, 2009, inserted "Bridgeton" in the second paragraph of subdivision (b)(5). Session Laws 2009-323, s. 1, effective July 22, 2009, inserted "Jamestown" in the second paragraph of subdivision (b)(5). Session Laws 2011-57, s. 1, effective April 28, 2011, added the last sentence in the beginning paragraph in subsection (a); and added subdivisions (a)(1) through (a)(3). Session Laws 2012-96, s. 1, effective June 28, 2012, inserted "Ocean Isle Beach" in the second paragraph of subdivision (b)(5). Session Laws 2013-248, s. 1, effective July 9, 2013, in the second paragraph of subdivision (b)(5), inserted "Hookerton" and "Maysville." Session Laws 2014-30, s. 2(a), effective June 30, 2014, inserted "Harrisburg" in subdivision (b)(5). Session Laws 2015-80, s. 1, effective June 15, 2015, inserted "Wilson's Mills" in subdivision (b)(5). Session Laws 2015-81, s. 2(a), effective June 17, 2015, inserted "Franklin" in subdivision (b)(5). Session Laws 2015-172, s. 2, effective July 30, 2015, inserted "Hope Mills" and "Spring Lake" in subdivision (b)(5). Session Laws 2016-48, s. 2, effective June 29, 2016, in subdivision (b)(5), inserted "Siler City." Session Laws 2018-56, s. 1, effective June 25, 2018, added "Carthage," following "Calabash," and "Pollocksville," following "Pine Level," in subdivision (b)(5). Session Laws 2019-58, s. 1, effective June 26, 2019, inserted "China Grove" following "Catawba" in subdivision (b)(5). Session Laws 2019-103, s. 1, effective July 10, 2019, added "Asheboro," "Bunn," "Franklinton," and "Youngsville" to the concluding paragraph in subdivision (b)(5). Session Laws 2019-160, s. 1, effective July 24, 2019, inserted "Saluda" following "Rockingham" and "West Jefferson" following "Wendell" in subdivision (b)(5). Session Laws 2021-17, s. 2, effective April 28, 2021, inserted "Rockwell" prior to "Rolesville" in the last paragraph of subdivision (b)(5). Session Laws 2021-21, s. 1, effective May 12, 2021, inserted "Belville" prior to "Benson" and "Wingate" prior to "Yadkinville" in the last paragraph of subdivision (b)(5). Session Laws 2021-86, s. 1, effective July 14, 2021, inserted "Franklinville," "Liberty," and "Ramseur" in subdivision (b)(5). Session Laws 2021-87, s. 1, effective July 15, 2021, inserted "Kings Mountain," "Lowell," "Shelby," "Franklinville," "Liberty," "Ramseur," "Stanley," and "Vass" in subdivision (b)(5). Session Laws 2021-101, s. 1, effective August 9, 2021, inserted "North Wilkesboro, Norwood,” and "Oakboro” in subdivision (b)(5).