Posts Tagged ‘emergency management’

Civil Penalties for Violations of State Emergency Orders?

Monday, November 30th, 2020

[Update (12/14/2020): On December 10, 2020, the North Carolina Department of Justice issued an informal opinion letter that differs from the opinion that I reach in this blog post. In the post, I conclude that cities and counties probably lack statutory authority to implement civil penalties to enforce the Governor’s COVID-19 orders. The December 10 […]

New Law Requires Electronic Publication of Local State of Emergency Declarations

Tuesday, July 7th, 2020

In the most recent legislative session, the General Assembly amended the state’s emergency management act to impose new publication requirements on county and city state of emergency declarations (S.L. 2020-83, Sec. 11.7).  Prior to enactment of HB593 which amended GS 166A-19.31(d), county and city state of emergency declarations went into effect “upon publication.”  Although “publication” […]

Governor’s Stay At Home Order Extended – What Does This Mean for Local Governments?

Friday, April 24th, 2020

On April 23rd, Governor Cooper issued Executive Order 135 extending his statewide Stay At Home Order (Executive Order 121) for another nine days.  The Governor’s Stay At Home Order was due to expire on April 29th; EO 135 extends it to 5:00p.m. on May 8, 2020.  Is this all that EO135 does?  Below is the […]

COVID-19: Who Has What Emergency Authorities at the Local Level?

Friday, March 13th, 2020

As state and local government officials deal with the rapidly evolving COVID-19 pandemic, local governments are raising questions about who has the authority to take action at the local level and what actions they can take. My colleague Jill Moore’s blog post discusses the authority of local health directors to impose restrictions on affected individuals […]

Can Counties and Cities Close Roads During an Emergency?

Sunday, September 1st, 2019

Counties and cities are vested with broad authority to impose restrictions and prohibitions during a locally declared state of emergency (GS 166A-19.31; for more information on local state of emergency declarations, see this blog post). These restrictions and prohibitions must be included in county and city local emergency ordinances (for more discussion on the restrictions […]

2016 Disaster Recovery Relief – Special Session Legislative Update

Thursday, December 15th, 2016

During this week’s special legislative session called by gubernatorial proclamation, the General Assembly enacted legislation appropriating funds and authorizing programs to provide disaster relief to individuals, businesses, and local governments impacted by natural disasters that have stuck North Carolina this fall.  Beginning with Tropical Storm Hermine in early September, followed three weeks later by Tropical […]

Local State of Emergency Declarations – Some FAQs

Wednesday, October 5th, 2016

Hurricane Matthew is bearing down on North Carolina’s coast.  State and local officials are preparing for significant impacts.  The Governor has issued a state of emergency declaration for much of central and eastern North Carolina.  Local officials wonder whether they should issue local declarations within their own jurisdictions.  Can they?  Should they?  If so, how […]

2012 Emergency Management Legislative Wrap-up: Big Changes Ahead

Tuesday, July 17th, 2012

During the 2012 Session, the North Carolina General Assembly enacted significant legislation that completely reorganized and updated the state’s emergency management statutes, extended the legal length of law enforcement and emergency management vehicles, and created the criminal offense of terrorism.  What do these legislative actions mean for North Carolina emergency managers and local governments?

State Emergency Management Act Rewrite: More Than Changes to Emergency Firearms Restrictions

Tuesday, June 5th, 2012

In two previous blogs (here and here), I discuss a 2012 federal district court ruling (Bateman v. Perdue) on the constitutionality of North Carolina’s emergency weapons restriction statutes and the legislative response to that ruling.  The General Assembly responded to the court’s ruling by limiting the authority of cities and counties to impose restrictions and […]

Bateman v. Perdue: Implications for Gun Restrictions During a State of Emergency

Sunday, May 13th, 2012

UPDATE:  An update on this issue is available here. On March 29, 2012, Senior U.S. District Judge Malcolm Howard ruled on the 2nd Amendment challenges brought against restrictions on dangerous weapons that can be imposed during a declared state of emergency under North Carolina law.  The statutes at issue in the case, Bateman v. Perdue […]

“Mandatory” Evacuations – Are They Really Enforceable?

Wednesday, August 24th, 2011

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory evacuation for visitors and a voluntary evacuation for county residents beginning early Wednesday morning.  The […]

Emergency Restrictions under State of Emergency Declarations – Who Can Impose What?

Wednesday, August 10th, 2011

A massive hurricane is bearing down on the coast.  Coates County issues a state of emergency declaration ordering a mandatory evacuation and prohibiting alcohol sales (just to be on the safe side).  Citizens in the Town of Albert start calling town hall wondering if they too are required to evacuate, and the local pub owner […]

What is Emergency Management?

Tuesday, May 24th, 2011

Next Wednesday, June 1st, marks the official kick-off of the Atlantic hurricane season.  Even as we brace for it, we need only look to the April 16th tornados in the piedmont and coastal plain to be reminded that disasters threaten all areas of North Carolina.  Winter ice storms, floods, mudslides, and tropical storms loom as […]