State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-410

§ 122C‑410.  Authorityof county or city over Camp Butner Reservation; zoning jurisdiction by Town ofButner over State lands.

(a)        A municipalityother than the Town of Butner may not annex territory extending into or extendits extraterritorial jurisdiction into the Camp Butner reservation withoutwritten approval from the Secretary and the Butner Town Council of eachproposed annexation or extension. The Town of Butner may not annex territoryextending into or extend its extraterritorial jurisdiction into those portionsof the Camp Butner Reservation owned by the State of North Carolina withoutwritten approval from the Secretary of each proposed annexation or extension.The procedures, if any, for withdrawing approval granted by the Secretary to anannexation or extension of extraterritorial jurisdiction shall be stated in thenotice of approval.

(b)        A county ordinancemay apply in part or all of the Camp Butner reservation (other than areaswithin the Town of Butner) if the Secretary gives written approval of theordinance, except that ordinances adopted by a county under Article 18 ofChapter 153A of the General Statutes may not apply in the extraterritorialjurisdiction of the Town of Butner without approval of the Butner Town Council.The Secretary may withdraw approval of a county ordinance by giving writtennotification, by certified mail, return receipt requested, to the county. Acounty ordinance ceases to be effective in the Camp Butner reservation 30 daysafter the county receives the written notice of the withdrawal of approval.This section does not enhance or diminish the authority of a county to enactordinances applicable to the Town of Butner and its extraterritorialjurisdiction.

(c)        Notwithstanding anyother provision of this Article, no portion of the lands owned by the State asof September 1, 2007, which are located in the extraterritorial jurisdiction orthe incorporated limits of the Town of Butner shall be subject to any of thepowers granted to the Town of Butner pursuant to Article 19 of Chapter 160A ofthe General Statutes except as to property no longer owned by the State. If anyportion of such property owned by the State of North Carolina as of September1, 2007, is no longer owned by the State, the Town of Butner may exercise all legalauthority granted to the Town pursuant to the terms of its charter or byArticle 19 of Chapter 160A of the General Statutes and may do so by ordinancesadopted prior to the actual date of transfer. Before the State shall dispose ofany property inside the incorporated limits of the Town of Butner or any ofthat property currently under the control of the North Carolina Department ofHealth and Human Services or the North Carolina Department of Agriculture andConsumer Services within the extraterritorial jurisdiction of the Town ofButner, southeast of Old Highway 75, northeast of Central Avenue, southwest of33rd Street, and northwest of "G" Street, by sale or lease for anyuse not directly associated with a State function, the Town of Butner shall firstbe given the right of first refusal to purchase said property at fair marketvalue as determined by the average of the value of said property as determinedby a qualified appraiser selected by the Secretary and a qualified appraiserselected by the Town of Butner. (1987, c. 536, s. 5; 2007‑269, s. 9.)