Land Use for Aircraft Squadrons Prohibition
H.B. 613 of 2009 refuses granting consent of the State for land acquired by the United States in a county or counties which have no existing military base at which aircraft squadrons are stationed, for the purpose of establishing an outlying landing field to support training and operations of aircraft squadrons stationed at or transient to military bases or military stations located outside of the State. Exclusive jurisdiction in and over any land acquired by the United States without the consent of the State under this subsection is not ceded to the United States for any purpose.
Fort Bragg Annexation
Session Law 2008-74 (S.B. 2414 of 2008) annexes certain parts of Fort Bragg to the Cities of Fayetteville and Spring Lake. The annexation will provide Fort Bragg with a new water supply from the City of Fayetteville.
Enhanced Planning Communication and Notification
North Carolina General Statutes §153A-323 and §160A-364 (S.B. 1161 of 2004) requires cities and counties to provide military installation commanders written notice at least ten days (but not more than 25 days) prior to a public hearing to consider any ordinance that would change zoning or affect the permitted uses of land within five miles of a military base. Prior to making a final decision, the governing body shall consider any comments or analysis received from the military regarding the compatibility of the proposed ordinance or amendment.
North Carolina General Statutes §153A-323 and §160A-364 (H.B. 254 of 2013) were amended. The amendments provide requirements related to the notice of land use planning and zoning changes to be given to a military base buy counties or cities near the military base. The new requirements for notice are: (1) changes to the zoning map, (2) changes that affect the permitted uses of land, (3) changes relating to telecommunications towers or windmills, (4) changes to proposed new major subdivision preliminary plats and (5) an increase in the size of an approved subdivision by more than 50% of the subdivision's total land area.
North Carolina Advisory Commission on Military Affairs
North Carolina General Statutes §127C (S.B. 1005 of 2001 and S.B. 1159 of 2004) established the Advisory Commission on Military Affairs in the Office of the Governor to "advise the Governor and the Secretary of Commerce on protecting the existing military infrastructure in this State and to promote new military missions and economic opportunities for the State and its citizens." The Commission is comprised of 30 members, and is tasked with developing a strategic plan to support long-term military mission viability. This Commission has been renamed and repurposed as the North Carolina Military Affairs Commission. Further information is available below.
Special Use Airspace
North Carolina General Statutes §63-90 through §63-92 (S.B. 260 of 1987) requires the Division of Aviation of the Department of Transportation to provide to the General Assembly or the Joint Legislative Commission on Government Operations "all applications to the Federal Aviation Administration and all proposed rule changes by the Federal Aviation Administration for the creation of or changes in special use airspaces, including military operation areas and restricted areas for aircraft operation over North Carolina during the period for public comment." The General Assembly or the Joint Legislative Commission on Government Operations shall notify the Federal Aviation Administration of the state's official position on the pending application or rule change.
Soldier, Marine, Airman and Guardsmen Support Act of 2005
North Carolina S.B. 1117 of 2005 created the Soldier, Marine, Airman and Guardsmen Support Act of 2005 to further support the state’s military installations. The act appropriated $1 million to the Conservation Grant Fund for Fiscal Year 2006-2007 to be used for compatible land use and conservation easement type acquisitions of land adjacent to military bases and flyways.
Eminent Domain Restrictions Resulting from the Kelo Decision
Legislation enacted in 2006 (H.B. 1965) prohibits local government entities from using eminent domain authority to take land for private economic development.
Military Lands Protection Act of 2013
North Carolina HB 433 of 2013 created the Military Lands Protection Act of 2013. The act regulates the height of buildings and structures located in areas surrounding military installations in the State. The act will require persons to who are undertaking construction of tall building or structure to obtain the endorsement for the Building Code Council prior to construction. The Council will inform the military base commander regarding the endorsement.
Permitting of Wind Energy Facilities
North Carolina HB 484 of 2013 amended North Carolina Statute Article 21C, permitting of wind energy facilities. The amendments include definition additions for military installations as well as requirements for pre-application submission review. The amendments also provide the required process to obtain permits from the Department Environment and Natural Resources.
Conservation Tax Credit Program
North Carolina General Statutes §105-130.34 and §105-151.12 authorize tax credits for corporations and individuals, respectively, for real property that is donated for conservation purposes. The Tax Credit Program was repealed effective for taxable years beginning on or after January 1, 2014 by HB 316 of 2013.
Conservation Easement Program
The Department of Environment and Natural Resources’ Conservation Easement program (North Carolina General Statutes §113A 16 et seq.) is intended to use promotion and education to increase the use of conservation easements as a prominent tool to accomplish conservation purposes. The Conservation Grant Fund was created to support the efforts of the program in the following ways:
• “Stimulate the use of conservation easements and conservation tax credits;
• Improve the capacity of private non-profit land trust organizations to successfully accomplish conservation projects;
• Better equip real estate related professionals to pursue opportunities for conservation;
• Increase landowner participation in land and water conservation; and
• Provide an opportunity to leverage private and other public monies for conservation easements.”
Conservation Easement Funds
North Carolina S.B. 309 of 2011 authorizes the governing board of any soil and water conservation district to establish a special reserve fund to be used for maintaining conservation easements, including maintenance activities such as travel to and observation of easement property, remote monitoring of easement property, and education and ongoing communication with landowners about their easement responsibilities.
Conservation Land Property Tax Exemption
North Carolina H.B. 350 of 2011 exempts real property held nonprofit land conservation organization for future sale or transfer to a local, state, or federal government unit for conservation purposes from assessment and taxation. Also exempts real property owned by a nonprofit corporation organized for land conservation purposes and held by its owner exclusively for sale under a conservation agreement.
Million Acres Initiative
The North Carolina Million Acre Initiative is a collaborative, state-led endeavor to accelerate the rate that land is protected in the state and to permanently preserve an additional one million acres of conserved open space and farmland by the end of 2009. The initiative resulted from work conducted by former Governor James Hunt’s Interagency Task Force on Smart Growth. To meet their goals, members of the initiative have emphasized:
• Fostering partnerships among private and public land protection partners;
• Promoting regional open space planning; and
• Providing information about the importance of open space protection.
Conservation and Historic Preservation Agreements Act
The Conservation and Historic Preservation Agreements Act (North Carolina General Statutes §121 34 et seq.) authorizes a government entity, non-profit organization or private corporation to acquire, receive or become a party of a conservation agreement or a preservation agreement.
Agricultural Development and Farmland Preservation Trust Fund
The Agricultural Development and Farmland Preservation Trust Fund was established by H.B. 607 of 2005 (North Carolina General Statutes §106A 735 et seq.) to:
• Support the purchase of agricultural conservation easements, including transaction costs;
• Fund public and private enterprise programs that will promote profitable and sustainable farms by assisting farmers in developing and implementing plans for the production of food, fiber and value-added products, agritourism activities, marketing and sales of agricultural products produced on the farm, and other agriculture-related business activities; and
• Fund farmland conservation agreements targeted at the active production of food, fiber and other agricultural products.
Clean Water Management Trust Fund
Established in 1996, the Clean Water Management Trust Fund (North Carolina General Statutes §113A 251 et seq.) makes grants to local governments, state agencies and conservation non-profits to help finance projects that specifically address water pollution problems. These projects include the establishment of a network of riparian buffers and greenways through the acquisition of conservation easements that would be beneficial to wildlife and marine fisheries habitats.
Conservation Reserve Enhancement Program
The Conservation Reserve Enhancement Program (CREP) is a voluntary program that seeks to protect land along watercourses that is currently in agricultural production. The objectives of the program include installing 100,000 acres of forested riparian buffers. Voluntary protection measures are accomplished through 10-, 15-, 30-year and permanent agreements for landowners to restore wetlands and plant grassed filter strips, forested riparian buffers and hardwood trees. Program funding combines state money from the Clean Water Management Trust Fund and federal funding.
Mr. John Isenhour, NCWRC Technical Assistance Biologist
1751 Varsity Drive
Raleigh, North Carolina 27606
Natural Heritage Trust Fund
The Natural Heritage Trust Fund (North Carolina General Statutes §113A 77.6 et seq.) provides supplemental funding to select state agencies for the acquisition and protection of important natural areas, to preserve the state’s ecological diversity and cultural heritage, and to inventory the natural heritage resources of the state. The Fund is supported by 25% of the state’s portion of the tax on real estate deed transfers and by a portion of the fees for personalized license plates.
North Carolina Smart Growth Alliance
The North Carolina Smart Growth Alliance released a 2004 report titled "Healthy Rural Communities: A Resource and Action Guide for North Carolina." However, the group is currently inactive.
Local Government Military Base Advisory Committee
The North Carolina Association of County Commissioners and the North Carolina League of Municipalities formed the Local Government Military Base Advisory Committee to assist the North Carolina Advisory Commission on Military Affairs. A report was submitted in 2003 to provide the Commission local government input.
Business Organizations and Military Affairs
• The Cumberland County Business Council created a Military Affairs Council whose mission is to "enhance relationships and foster a heightened understanding between council members and members of the military community."
• The Jacksonville/Onslow Chamber of Commerce’s Military Affairs Committee states that its mission is “to maintain and continually improve the relationship between the military and civilian communities” and “serve as a vital, informal communications link among Marine Corps Base Camp Lejeune, Marine Corps Air Station New River, the Chamber, Jacksonville City Council, Onslow County Board of Commissioners and state and federal legislators.”
• The Wayne County Chamber of Commerce’s Military Affairs Committee serves as a liaison between the local business and military communities.
North Carolina Conservation Efforts
• North Carolina Department of Environment and Natural Resources provides information on the state's Conservation Tax Credit Program which offers a tax credit for the donation of an interest in real property for certain conservation purposes.
• The Conservation Trust for North Carolina works with land trusts, landowners, and others to protect the state’s natural resources.
• In 2002, the North Carolina Department of Transportation acquired 2,500 acres of land that borders Fort Bragg and establishes "a preserve for the federally endangered red-cockaded woodpecker." This land will be turned over to The Nature Conservancy for "long-term management, in consultation with the U.S. Fish and Wildlife Service."
North Carolina Military Affairs Commission
North Carolina SB 613 of 2013 created the North Carolina Military Affairs Commission. The Commission was formally named the North Carolina Commission on Military Affairs. The Commission is tasked to provide advice, counsel and recommendations to the Governor, the General Assembly, the Secretary of Commerce and other State agencies on initiatives, programs and legislation that will continue and increase the role that North Carolina's military installations, the National Guard and Reserves play in America's defense strategy and the economic health and vitality of the State. The Governor’s Military Advisor is the administrative head of the Commission.
The Commission website is available here.
Outer Continental Shelf Governors Coalition
The Outer Continental Shelf Governors Coalition, formed in 2011, consists of seven coastal state governors who support policies that encourage an expansion of American energy, particularly U.S. offshore energy resources. The mission of the Coalition is to promote a more constructive dialogue among the coastal state governors and the federal government on the importance of offshore energy development to coastal states. North Carolina is a member of the Coalition.
The Coalition website is available here.
State Contact Information
Military Liaison POC
Mr. Hal Pell, Attorney
Ms. Theresa Matula, Legislative Analyst
Ms. Kelly Quick, Legislative Analyst
Office of Legislative Services, Research Division
Legislative Office Building, Suite 545
300 North Salisbury Street
Raleigh, North Carolina 27603-5925
Colonel Gregory Lusk, Adjutant General
North Carolina National Guard
4105 Reedy Creek Road
Raleigh, North Carolina 27607-6410
(919) 664-6400 fax
Governor’s Military Advisor
Major General Cornell A Wilson, Jr.
US Marine Corps (retired)
Office of the Governor
20301 Mail Service Center
Raleigh, North Carolina 27699-0301
Legislative Process Regarding Military POCs
The North Carolina General Assembly relies heavily on its research staff for assistance in providing information when considering legislation related to military issues. In addition to the Office of Legislative Services, the General Assembly also has access to the Governor’s Advisory Commission on Military Affairs, which is tasked with collecting and studying information related to supporting and strengthening military presence within the state. With reference to National Guard issues, the North Carolina General Assembly again relies on its research staff in the Office of Legislative Services for support. The Office of Legislative Services works in concert with the Adjutant General’s office.
Committees of Primary Jurisdiction/Legislative Contact
House Committee on Homeland Security, Military and Veterans Affairs
Representative George Cleveland, Chair
NC House of Representatives
300 N. Salisbury Street, Room 417A
Raleigh, North Carolina 27603-5925