2009 North Carolina Code
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985.
§ 122C-403. Secretary's authority over Camp Butner reservation.

§ 122C‑403.  Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation except (i) those areas within the municipal boundaries of the Town of Butner and (ii) that portion of the Town of Butner's extraterritorial jurisdiction consisting of lands not owned by the State of North Carolina. In performing this duty, the Secretary has the powers listed below. In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary. The Secretary may:

(1)        Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes.

(2)        Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes.

(3)        Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article. In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385, and 160A‑386 do not apply, but the Secretary shall give the mayor of the Town of Butner at least 14 days' advance written notice of any proposed zoning change. The Secretary may designate Advisory establish a board to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation. When acting as a Board of Adjustment, Advisory that board shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A‑388.

(4)        Establish one or more planning agencies in accordance with the power granted in G.S. 160A‑361.

(5)        Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes.

(6)        Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)        Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160A of the General Statutes.

(8)        Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A‑458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes.

(8a)      Repealed by Session Laws 2007‑269, s. 4. For effective date, see editor's note.

(9)        Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Secretary's designee.

(9a)      Repealed by Session Laws 2007‑269, s. 4. For effective date, see editor's note.

(10)      Adopt rules to carry out the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59, s. 5; 1997‑443, s. 11A.118(a); 1999‑140, s. 4; 2007‑269, s. 4.)