NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 884

HOUSE BILL 1028

 

AN ACT TO AMEND CHAPTER 504 OF THE SESSION LAWS OF 1965 RELATING TO THE ESTABLISHMENT OF HISTORIC DISTRICTS TO MAKE THE SAME STATEWIDE IN ITS APPLICATION, AND TO REPEAL CERTAIN LOCAL ACTS RELATING THERETO.

 

The General Assembly of North Carolina do enact:

 

Section 1. The term "municipal governing body" or "municipal legislative body" as used throughout Chapter 504 of the Session Laws of 1965 shall be deemed to include the governing board or legislative board of a county, to the end that counties may exercise the same powers as cities with respect to the establishment of historic districts.

Sec. 2. Section 3 of Chapter 504 of the Session Laws of 1965 is repealed.

Sec. 3. The following local acts are repealed: Session Laws of 1967, Chapter 174, Chapter 303, and Chapter 1099; and Session Laws of 1969, Chapter 246.

Sec. 4. G.S. 160-178.1(a), as the same appears in Chapter 504 of the Session Laws of 1965, is amended by deleting the words "zoning commission or" as the same appear in line one thereof, so that the section reads as follows:

"(a)      the local planning board shall have made an investigation and report on the historic significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and shall have prepared a description of the boundaries of such district, and"

Sec. 5. G.S. 160-178.3, as the same appears in Section 2 of Chapter 504 of the Session Laws of 1965, is amended by adding a new paragraph immediately following the last paragraph thereof, to read as follows:

"The North Carolina Department of Archives and History, acting through any agent or employee designated by its Director, or the North Carolina Advisory Council on Historic Preservation, shall, either upon the request of the Department or at the initiative of the Historic District Commission, be given an opportunity to review, comment and make recommendations upon the substance and effect of any application for a certificate of appropriateness in any historic district established pursuant to this act. Its comments and recommendations may be provided in writing to the Historic District Commission or made orally at any public hearing held in connection with the application. The Historic District Commission shall consider these comments and recommendations prior to the issuance of a certificate of appropriateness. If any certificate is issued contrary to the recommendations of the Department, the Historic District Commission shall enter the reasons therefor in the minutes of the meeting at which such action is taken, and a copy of the minutes shall be forwarded to the Department by the Commission's secretary. If the Department does not submit its comments or recommendations in connection with any application within 30 days following receipt by the Department of any materials needed for its review of the application, whether such review is at the request of the Department or the Historic District Commission, the Commission and any city or county governing board shall be relieved of any responsibility to consider these comments and recommendations. In this case, the certificate of appropriateness may thereafter be issued without regard to the requirements of this paragraph."

Sec. 6. All laws and clauses of laws in conflict with this act are hereby repealed to the extent of such conflict.

Sec. 7. This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of July, 1971.