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Outer Banks Times

Monday, November 25, 2024

TOWN OF PINE KNOLL SHORES: Board of Commissioner Approved A Resolution In Opposition of Senate Bill 105

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Town of Pine Knoll Shores issued the following announcement on Sep 11. 

This message is a request for Pine Knoll Shores (PKS) property owners to consider contacting their State Senator to express opposition to certain provisions of Senate Bill 105 (2021 Appropriations Act).  The Pine Knoll Shores Board of Commissioner (BOC) approved a resolution in opposition of Senate Bill 105 at its meeting held on September 8, 2021.  The BOC adopted the resolution in response to specific environmental provisions contained in the bill.  

The provisions that concern PKS includes Section 5.14(a) entitled “Property Owners’ Rights/Tree Ordinances”, which will:

• Restrict local tree ordinances and diminish or eliminate the ability of local governments to decide what is best for its community; and  

• Severely restrict the Town’s ability to maintain the natural beauty and protection provided by its indigenous maritime forests; and

• Require local governments to obtain special authorization from the General Assembly prior to enacting a tree protection ordinance and void all existing ordinances that were established without special authority.  PKS has such special authority is place but is concerned that other local government’s without such authority will no longer have the ability to regulate trees as they see fit; and 

• Could result in a more confusing regulatory framework as local governments would be required to receive individual express authority from the General Assembly.

• **UPDATE: Since the adoption of the Town’s resolution, SB 105 has since been amended to remove Section 5.14(a) entitled “Property Owners’ Rights/Tree Ordinances”.

The Town is also concerned about Section 12.16(a) entitled “Clarify Local Stormwater Authority”, which will: 

• Bar all local stormwater ordinances and riparian buffer protections that are not required by federal or state law; and

• Void and make unenforceable local stormwater control regulations in effect that exceed the limitations established by federal or state law; and

• Hamper local flexibility and would be counterproductive to communities like PKS which is trying to protect residents and property owners from storms and flooding.

The Town requests that you call, mail or email your State Senator with any concerns you have about the adoption of Senate Bill 105 (2021 Appropriations Act).  Please feel free to use the talking points noted above.  If you do not know who represents you in the N.C. Senate, the following link will allow you to look up the name of your State Senator.  

https://www.ncleg.gov/FindYourLegislators

The Town of Pine Knoll Shores thanks you in advance for considering this important request.

Original source can be found here.

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