So you’ve got this extraterritorial planning jurisdiction, but how do you get rid of it? Fair question.  The statutes give clear procedures for establishing extraterritorial jurisdiction, or ETJ, but there is less clarity for relinquishment.  A good rule of thumb … Read more

“The historical heritage of our State is one of our most valued and important assets,” and our cities and counties are authorized to safeguard that heritage and promote the use and conservation of North Carolina’s historic landmarks and districts (G.S. … Read more

UPDATE: This blog is out-of-date. A new version of “Planning Board Basics” has been posted here. The local planning board may take many forms and perform many roles.  The core responsibilities are clearly set forth by statute.  The General Statutes … Read more

The U.S. Supreme Court has long held that when a government agency conditions approval of a development permit on the dedication of some property interest, that condition must have an “essential nexus” and “rough proportionality” with the impacts of the … Read more

Through the years of local zoning and planning, we have managed to create increasingly complex use lists.  Each local ordinance has its own long list of defined uses, drawing fine lines between similar uses like “parks” and “public recreation facilities,” … Read more

In some scenarios, determining land use is fairly simple.  The ordinance permits a donut shop, the owner establishes and operates a donut shop, and the land use is clear.  But land development over time is not always straightforward, and clear … Read more

Can a city require sidewalks for a development? Can a county charge fees from a developer for parks?  In North Carolina, what exactions are allowed? The short answer: It depends upon the type of development approval and the underlying statutory … Read more

Several years ago the Town Council approved The Green as a 400 acre development with phases to include apartments, townhouses, and large single-family homes, as well as modest retail and office fronting the major thoroughfare. After a couple of good … Read more