NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 1185

SENATE BILL 452

 

 

AN ACT TO AMEND CERTAIN PORTIONS OF THE GENERAL STATUTES CONCERNING HISTORIC DISTRICTS AND HISTORIC PROPERTIES COMMISSIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1. Section 160A-398.1 of Chapter 160A of the General Statutes of North Carolina is rewritten to read as follows:

"§ 160A-398.1. Applicability of Part. - All of the provisions of this Part are hereby made applicable to the construction, alteration, moving and demolition of buildings by the State of North Carolina, its political subdivisions, agencies and instrumentalities.

The State shall have a right of appeal to the North Carolina Historical Commission from any decision of a local historic district commission. The North Carolina Historical Commission shall render its decision within 30 days from the date that the notice of appeal by the State is received by the Commission. The decision of the Commission shall be final and binding upon both the State and the historic district commission.

The Secretary of the Interior's Standards for Rehabilitation and Guideline for Rehabilitating Historic Buildings shall be the sole principles and guidelines used in reviewing applications of the State for certificates of appropriateness.

No provision of this Part shall be applicable to the construction, use, alteration, moving or demolition of buildings of The University of North Carolina, or any of its constituent institutions or agencies."

Sec. 2. Section 160A-399.1(b) of Part 3B of Chapter 160A of the General Statutes of North Carolina is rewritten to read as follows:

"(b)      Exercise of powers under this Part by counties as well as cities. The term 'municipality' as used in Part 3B of Chapter 160A shall be deemed to include the county or its governing board or legislative board, to the end that counties may exercise the same powers as cities with respect to the designation of historic properties."

Sec. 3. Section 160A-399.4 of Part 3B of Chapter 160A of the General Statutes of North Carolina is amended as follows:

The second sentence of the second paragraph of the section is rewritten to read as follows:

"For each building, structure, site, area or object so designated as a historic property, the ordinance shall require that the waiting period set forth in this Part be observed prior to its demolition."

Sec. 4. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1982.