Legislative Briefing June 28

Legislative Briefing June 28


The North Carolina Senate voted June 12 to repeal the Map Act, which allows the North Carolina Department of Transportation to prohibit development or subdivision of privately owned land within planned roadway corridors and withhold compensation pending finalization of construction. The Map Act was originally intended to contain the value of property NCDOT planned to buy for roadways, but essentially permits the state to hold private property in perpetuity regardless of the status of related projects and void owners’ basic rights to use it. In 2016 the North Carolina Supreme Court ruled Map Act takings compensable, but most property owners still await payment for property taken over ten years ago. Repeal of the Map Act has been a longtime NCAR priority, and is anticipated to proceed with Governor Cooper’s signature.

The North Carolina General Assembly has reconciled differences in both houses’ budget proposals via a conference report adopted last Thursday. Surviving items of interest to REALTORS® are appropriations to various North Carolina Housing Finance Agency loan programs totaling about $30 million, an extension of the Historic Preservation Tax Credit until 2024, and the creation of a new financial literacy requirement in public secondary curricula. Governor Cooper vetoed the budget Friday due largely to its exclusion of Medicaid expansion, initiating an automatic extension of 2018 spending. Executive staff will present a counterproposal upon legislators’ return from a July 4 break.

Last week two principal NCHBA legislative priorities, Continuing Education for General Contractors, and Land Use Regulatory Changes, were passed by the General Assembly and presented for Governor Cooper’s signature. The legislation would respectively establish a new annual online 8-hour continuing education requirement for contractor licensee qualifiers and consolidate vesting law and permitting procedures to ensure that changes in municipal regulations cannot disrupt initiated projects.

Last Wednesday the House Transportation Committee approved an amendment to House Bill 620 governing the North Carolina Department of Transportation’s new protocol for acceptance of orphan roads. NC REALTORS® and NCHBA worked in concert towards the amendment, which established three road statuses: private, public, and pending public. The amendment will be withdrawn before the bill’s hearing by the full Senate due to NC Surveyors Association concerns with complications it would pose for the drawing of platting documents. NCR and NCHBA engineered alternative language establishing that roads platted as public will be presumed accepted by NCDOT and thus obviating the need for a “presumed public” designation.



The N.C. State Board held a special election to select the replacement of Walter Jones as the District 3 U.S. House Representative. Jones passed away on February 10th of this year. A Republican run off from that election will be held Tuesday, July 9th . The polls will be open from 6:30am-7:30pm in both Dare & Currituck Counties.

The early voting period ends on Friday, TODAY at 7:00pm in Dare County and 5:00pm in Currituck at the following locations:

Dare County
Dare County Administration Building
Thomas A. Baum Senior Center
Fessenden Center Annex on Hatteras Island

Currituck County
Currituck Board of Elections

You may also read more about both elections on OBAR’s page HERE

Dominion Energy

On June 19th, a notice was sent to Dominion Energy customers, that an application was filed with the Commission to increase its rates for retail electric service in North Carolina, effective on May 1, 2019.

The proposed increase would produce an additional $26,958,000 in annual base non-fuel revenue which is equal to a 10.5% increase.

The North Carolina Utilities Commission has scheduled a hearing for Dare County residents on Wednesday, August 7th, 2019 at 7:00 p.m. in the Superior Courtroom of the Dare County Courthouse in Manteo.

For Customers on Residential Schedule 1, the proposed rates would increase their average monthly bill as follows:

Town County Updates

Currituck County
The End of Oceanside Pools in Currituck?
The Currituck County Board of Commissioners will hold a dune protection ordinance workshop at 5:00 p.m. in advance of their regular meeting which starts at 6:00 pm on July 15. Impact data requested by board members on 20, 40, and 60 foot setbacks is anticipated to be complete by the time of the workshop. While open to the public, there will be no opportunity for public comment during the workshop.

Friday July 5
7:00P – Absentee/Early Voting Deadline for Dare County Primary Runoff

Monday July 8
5:30 p.m. – Kill Devil Hills Board of Commissioners
6:00 p.m. – Dare County Planning Board
7:00 p.m. – Dare Waterways Commission

Tuesday July 9
6:30 a.m – 7:00 p.m. — Special Election Congressional Primary Runoff
9:30 a.m. – Oregon Inlet Task Force
5:30 p.m. – Southern Shores Town Council
6:00 p.m. – Manteo Planning Board
6:00 p.m. – Currituck County Planning Board

Wednesday July 10
6:30 p.m. – Duck Planning Board

Thursday July 11
9:00 a.m. – OBAR Board of Directors
6:00 p.m. – Kitty Hawk Planning Board

Monday July 15
5:00 p.m. – Dare County Board of Commissioners
5:00 p.m — Currituck Work Board Session/Dune Protection Ordinance
5:30 p.m. – Southern Shores Planning Board
6:00 p.m. – Currituck County Board of Commissioners

Tuesday July 16th
9:00 a.m. – Nags Head Planning Board
5:30 p.m. – Kill Devil Hills Planning Board

Wednesday July 17th
1:00 p.m. – Duck Town Council
7:00 p.m — Nags Head Board of Commissioners

Thursday July 18
1:00 p.m. – Duck Planning Board Workshop
4:00 p.m. – Manteo Board of Commissioners Workshop

Wednesday July 24th
3:00 p.m. – OBAR Legislative Meeting

Please Note: This weekly Legislative Briefing is distributed to OBAR members as a benefit of membership. OBAR provides no warranty as to its accuracy. The Legislative Briefing may be copied and redistributed, in whole or in part, by including the following citation ABOVE the text:

“The following is reprinted with permission from the Outer Banks Association of REALTORS®”

Members may not editorialize or comment within the copied text, and must clearly delineate and differentiate their own comments from the text copied from OBAR. If a member is found in violation of this policy, that member will receive one warning for the 1st offense, be automatically fined $250 for the 2nd offense, and $500 for subsequent offenses.

Send comments to pgraham@ncrealtors.org

Legislative Briefing