2009 North Carolina Code
Chapter 62 - Public Utilities.
§ 62-106. Effect of local ordinances.

§ 62‑106.  Effect of local ordinances.

Within 30 days after receipt of notice of an application as provided by G.S. 62‑102, a municipality or county shall file with the Commission and serve on the applicant the provisions of an ordinance that may affect the construction, operation, or maintenance of the proposed transmission line in the manner provided by the rules of the Commission.  If the municipality or county does not serve notice as provided above of any such ordinance provisions, the provisions of such ordinance may not be enforced by the municipality or county.  If the applicant proposes not to comply with any part of the ordinance, the applicant may move the Commission for an order preempting that part of the ordinance.  Service of the motion on the municipality or county by the applicant shall make the municipality or county a party to the proceeding.  If the Commission finds that the greater public interest requires it, the Commission may include in a certificate issued under this Article an order preempting any part of such county or municipal ordinance with respect to the construction, operation or maintenance of the proposed transmission line. (1991, c. 189, s. 1.)