UPDATE September 2013: Legislation adopted by the 2013 General Assembly extends state law preemption to existing outdoor advertising signs that conform to state rules and local ordinances. Section 8(b) of…
…G.S. 160A-174, which establishes standards for preemption, lists situations in which an ordinance is inconsistent with North Carolina (or federal) law and is thus preempted. G.S. 160A-174(b)(2) provides that an…
…this approach avoids the preemption problem because (1) preemption principles apply to ordinances and (2) local emergency declarations aren’t ordinances, even though – as explained in more detail here –…
…of preemption, which exists even in the absence of express preemption language, is called implied preemption. In determining whether implied preemption applies to a particular issue, a court must consider…
…be “preempted” when federal or state laws remove the matter from local government control. The essential principles of preemption are set forth in subsection (b) of G.S. 160A-174. (The supreme…
…Can the tower owner top off the tower? In many instances the answer is yes, the local government will have to approve the modification. Initial Federal Provisions Federal law preemption…
…66-77, however, no such application is required. Preemption of Local Government Firearms Authority Session Law 2015-195 (H562) amends numerous firearms laws, but the focus here is on its preemption of…
…scheme is sufficient to establish preemption. Do the three state statutes regulating mobile phone use by drivers constitute a complete and integrated regulatory scheme? One provision of G.S. 20-137.4—the statute…
…which are now unlawful. This result stems from the preemption rule provided for in G.S. 160A-174(b)(3) that an ordinance is inconsistent with North Carolina law (and thus preempted) if it…
…any appeals. The order does not prevent the implementation of HB2’s bathroom and preemption provisions applicable to cities and counties. For the potential impact of the order on public school…
…retail establishments. This preemption remains in effect and is summarized below. What DOES EO135 Do? EO135 extends or modifies the expiration date for the sections in prior COVID-19 Executive Orders…
…federal preemption of local measures as part of its discussion of the supreme court’s invalidation of Chapel Hill’s mobile phone ordinance.) 5. When a problem falls within the scope of…
…the local ordinances were preempted. (One effect of home rule authority is that it can impose a limit on state preemption of matters of local concern.) Courts in Ohio and…
…or federal law); Craig v. Cnty. of Chatham, 356 N.C. 40, 45 (2002) (preemption provisions in G.S. 160A-174 govern county ordinances). If the GSC’s recommendations prompt the General Assembly to…
…the court affirmed that many of the Wilmington requirements are unaffected by preemption. The court quoted Fulton Corp. v. Faulkner, 345 N.C. 419, 422, 481 S.E.2d 8, 9 (1997), and…