§ 113A-110. Land-use plans.
§ 113A‑110. Land‑useplans.
(a) A land‑use plan for a county shall, for the purpose ofthis Article, consist of statements of objectives, policies, and standards tobe followed in public and private use of land within the county, which shall besupplemented by maps showing the appropriate location of particular types ofland or water use and their relationships to each other and to publicfacilities and by specific criteria for particular types of land or water usein particular areas. The plan shall give special attention to the protectionand appropriate development of areas of environmental concern designated underPart 3. The plan shall be consistent with the goals of the coastal areamanagement system as set forth in G.S. 113A‑102 and with the State guidelinesadopted by the Commission under G.S. 113A‑107. The plan shall be adopted,and may be amended from time to time, in accordance with the procedures setforth in this section.
(b) The body charged with preparation and adoption of a county'sland‑use plan (whether the county government or the Commission) maydelegate some or all of its responsibilities to the lead regional organizationfor the region of which the county is a part. Any such delegation shall becomeeffective upon the acceptance thereof by the lead regional organization. Anycounty proposing a delegation to the lead regional organization shall givewritten notice thereof to the Commission at least two weeks prior to the dateon which such action is to be taken. Any city or county within the coastal areamay also seek the assistance or advice of its lead regional organization incarrying out any planning activity under this Article.
(c) The body charged with preparation and adoption of a county'sland‑use plan (whether the county or the Commission or a unit delegatedsuch responsibility) may either (i) delegate to a city within the countyresponsibility for preparing those portions of the land‑use plan whichaffect land within the city's zoning jurisdiction or (ii) receiverecommendations from the city concerning those portions of the land‑useplan which affect land within the city's zoning jurisdiction, prior to finallyadopting the plan or any amendments thereto or (iii) delegate responsibility tosome cities and receive recommendations from other cities in the county. Thebody shall give written notice to the Commission of its election among thesealternatives. On written application from a city to the Commission, theCommission shall require the body to delegate plan‑making authority tothat city for land within the city's zoning jurisdiction if the Commissionfinds that the city is currently enforcing its zoning ordinance, itssubdivision regulations, and the State Building Code within such jurisdiction.
(d) The body charged with adoption of a land‑use plan mayeither adopt it as a whole by a single resolution or adopt it in parts bysuccessive resolutions; said parts may either correspond with majorgeographical sections or divisions of the county or with functionalsubdivisions of the subject matters of the plan. Amendments and extensions tothe plan may be adopted in the same manner.
(e) Prior to adoption or subsequent amendment of any land‑useplan, the body charged with its preparation and adoption (whether the county orthe Commission or a unit delegated such responsibility) shall hold a publichearing at which public and private parties shall have the opportunity topresent comments and recommendations. Notice of the hearing shall be given notless than 30 days before the date of the hearing and shall state the date,time, and place of the hearing; the subject of the hearing; the action which isproposed; and that copies of the proposed plan or amendment are available forpublic inspection at a designated office in the county courthouse duringdesignated hours. Any such notice shall be published at least once in anewspaper of general circulation in the county.
(f) No land‑use plan shall become finally effective untilit has been approved by the Commission. The county or other unit adopting theplan shall transmit it, when adopted, to the Commission for review. TheCommission shall afford interested persons an opportunity to present objectionsand comments regarding the plan, and shall review and consider each county land‑useplan in light of such objections and comments, the State guidelines, therequirements of this Article, and any generally applicable standards of reviewadopted by rule of the Commission. Within 45 days after receipt of a countyland‑use plan the Commission shall either approve the plan or notify thecounty of the specific changes which must be made in order for it to beapproved. Following such changes, the plan may be resubmitted in the samemanner as the original plan.
(g) Copies of each county land‑use plan which has beenapproved, and as it may have been amended from time to time, shall bemaintained in a form available for public inspection by (i) the county, (ii)the Commission, and (iii) the lead regional organization of the region whichincludes the county. (1973, c. 1284, s. 1;1975, c. 452, s. 5; 1981, c. 932, s. 2.1.)