North Carolina General Statutes 113A-8. Major development projects
Terms Used In North Carolina General Statutes 113A-8
- Environmental document: means an environmental assessment, an environmental impact statement, or a finding of no significant impact. See North Carolina General Statutes 113A-9
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Major development project: shall include but is not limited to shopping centers, subdivisions and other housing developments, and industrial and commercial projects, but shall not include any projects of less than ten contiguous acres in extent. See North Carolina General Statutes 113A-9
- Minimum criteria: means a rule that designates a particular action or class of actions for which the preparation of environmental documents is not required. See North Carolina General Statutes 113A-9
- Special-purpose unit of government: includes any special district or public authority. See North Carolina General Statutes 113A-9
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) The governing bodies of all cities, counties, and towns acting individually, or collectively, may by ordinance require any special-purpose unit of government or private developer of a major development project to submit detailed statements, as defined in N.C. Gen. Stat. § 113A-4(2), of the impact of such projects for consideration by those governing bodies in matters within their jurisdiction. Any such ordinance may not be designed to apply to only a particular major development project, and shall be applied consistently.
(b) Any ordinance adopted pursuant to this section shall exempt those major development projects for which a detailed statement of the environmental impact of the project or a functionally equivalent permitting process is required by federal or State law, regulation, or rule.
(c) Any ordinance adopted pursuant to this section shall establish minimum criteria to be used in determining whether a statement of environmental impact is required. A detailed statement of environmental impact may not be required for a project that does not exceed the minimum criteria and any exceptions to the minimum criteria established by the ordinance.
(d) Any ordinance adopted pursuant to this section shall exempt from its requirements the certain cases for which an environmental document is not required as set forth in N.C. Gen. Stat. § 113A-12 (1971, c. 1203, s. 8; 1991, c. 431, s. 3; 2014-90, s. 5.)