Bill Text: NC H95 | 2011-2012 | Regular Session | Amended

North Carolina House Bill 95 (Prior Session Legislation)

Bill Title: Railroad Corridor Protection

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-16 - Ref To Com On Transportation [H95 Detail]

Download: North_Carolina-2011-H95-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 1

HOUSE BILL 95

Short Title: Railroad Corridor Protection.		(Public)
Sponsors:	Representatives Rapp, Steen, McComas, and Barnhart (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Transportation.

February 16, 2011

A BILL TO BE ENTITLED

AN ACT CONCERNING MANAGEMENT AND PROTECTION OF RAILROAD CORRIDORS, AS RECOMMENDED BY THE Railroads Study Commission.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 1‑44 reads as rewritten:

"§ 1‑44. No title by possession of right‑of‑way.

No railroad, plank road, turnpike or canal company may be barred of, or presumed to have conveyed, any real estate, right‑of‑way, easement, leasehold, or other interest in the soil which has been condemned, or otherwise obtained for its use, as a right‑of‑way, depot, station house or place of landing, by any statute of limitation or by occupation of the same by any person ~~whatever.~~whatever, or by any act or acts constituting estoppel or waiver."

SECTION 2. G.S. 1‑51 reads as rewritten:

"§ 1‑51. ~~Five~~ Three years.

Within ~~five~~ three years �

(1) No suit, action or proceeding shall be brought or maintained against a railroad company owning or operating a railroad for damages or compensation for right‑of‑way or use and occupancy of any lands by the company for use of its railroad unless the action or proceeding is commenced within ~~five~~ three years after the lands have been entered upon for the purpose of constructing the road, or within two years after it is in ~~operation.~~operation, whichever shall occur earlier.

(2) No suit, action or proceeding shall be brought or maintained against a railroad company for damages caused by the construction of the road, or the repairs thereto, unless such suit, action or proceeding is commenced within ~~five~~ three years after the cause of action accrues, and the jury shall assess the entire amount of damages which the party aggrieved is entitled to recover by reason of the trespass on his property."

SECTION 3. G.S. 40A‑51(a) reads as rewritten:

"(a) If property has been taken by an act or omission of a condemnor listed in ~~G.S. 40A‑3(b) or (c)~~ G.S. 40A‑3(a)(4), (b), or (c) or a railroad pursuant to G.S. 40A‑3(a)(1) and no complaint containing a declaration of taking has been filed the owner of the property, may initiate an action to seek compensation for the taking. The action may be initiated within 24 months of the date of the taking of the affected property or the completion of the project involving the taking, whichever shall occur later. The complaint shall be filed in the superior court and shall contain the following: the names and places of residence of all persons who are, or claim to be, owners of the property, so far as the same can by reasonable diligence be ascertained; if any persons are under a legal disability, it must be so stated; a statement as to any encumbrances on the property; the particular facts which constitute the taking together with the dates that they allegedly occurred, and; a description of the property taken. Upon the filing of said complaint summons shall issue and together with a copy of the complaint be served on the condemnor. The allegations of said complaint shall be deemed denied; however, the condemnor within 60 days of service summons and complaint may file answer thereto. If the taking is admitted by the condemnor, it shall, at the time of filing the answer, deposit with the court the estimated amount of compensation for the taking. Notice of the deposit shall be given to the owner. The owner may apply for disbursement of the deposit and disbursement shall be made in accordance with the applicable provisions of G.S. 40A‑44. If a taking is admitted, the condemnor shall, within 90 days of the filing of the answer to the complaint, file a map or plat of the property taken. The procedure hereinbefore set out in this Article and in Article 4 shall be followed for the purpose of determining all matters raised by the pleadings and the determination of just compensation."

SECTION 4. G.S. 136‑192 reads as rewritten:

"§ 136‑192. Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor.

(a) Whenever, in their construction, the works of any railroad corporation shall cross lawfully established public roads or ways, the corporation shall so construct its works as not to impede the passage or transportation of persons or property along the same. If any railroad corporation shall so construct its crossings with public streets, thoroughfares or highways, or keep, allow or permit the same at any time to remain in such condition as to impede, obstruct or endanger the passage or transportation of persons or property along, over or across the same, the governing body of the county, city or town, or other public road authority having charge, control or oversight of such roads, streets or thoroughfares may give to such railroad notice, in writing, directing it to place any such crossing in good condition, so that persons may cross and property be safely transported across the same.

(b) The notice may be served upon the agent of the offending railroad located nearest to the defective or dangerous crossing about which the notice is given, or it may be served upon the section master whose section includes such crossing. Such notice may be served by delivering a copy to such agent or section master, or by registered or certified mail addressed to either of such persons.

(c) If the railroad corporation shall fail to put such crossing in a safe condition for the passage of persons and property within 30 days from and after the service of the notice, it shall be guilty of a Class 1 misdemeanor. Each calendar month which shall elapse after the giving of the notice and before the placing of such crossing in repair shall be a separate offense.

(d) This section shall in nowise be construed to abrogate, repeal or otherwise affect any existing law now applicable to railroad corporations with respect to highway and street crossings; but the duty imposed and the remedy given by this section shall be in addition to other duties and remedies now prescribed by law."

SECTION 5. Chapter 136 of the General Statutes is amended by adding a new section to read:

"§ 136‑199. Filing of railroad corridor maps.

(a) A railroad company may file railroad corridor maps and any revisions thereto showing existing railroad corridors and other railroad property with the Department of Transportation Rail Division. Any railroad corridor map filed pursuant to this subsection shall indicate the county recorded book and page or file number of the deed or other legal document by which the right‑of‑way was acquired by the railroad company. Railroad corridor maps filed pursuant to this subsection shall be filed electronically and made publicly available on a Web site maintained by the Department of Transportation Rail Division. When a railroad company files the railroad corridor maps pursuant to this subsection, the maps shall be conspicuously stamped or marked "For Informational Purposes Only, Pursuant to G.S. 136‑199" and shall identify the name of the railroad company that owns, and if different, operates the railroad corridor, including trade names. Information included in the maps is for informational purposes only and shall not result in a presumption of ownership in the railroad company or any other party.

(b) When a railroad company files railroad corridor maps pursuant to subsection (a) of this section, the railroad company shall file a "Notice of Filing Railroad Corridor Maps" (Map Notice) with the register of deeds in the county where the railroad corridor and other railroad property is located. This Map Notice shall identify that the railroad corridor maps have been filed under subsection (a) of this section. For purposes of indexing with the register of deeds only, the railroad company(s) shown on the recorded Map Notice as filing the Map Notice may be deemed by the register of deeds to be the "Grantors" and the only parties to the instrument.

(c) When a railroad company files railroad corridor maps pursuant to subsection (a) of this section, a copy of the railroad corridor maps, and any revisions thereto, provided under subsection (a) of this section also shall be furnished to the North Carolina Society of Surveyors pursuant to a license agreement for use by the North Carolina Society of Surveyors. Maps provided to the North Carolina Society of Surveyors pursuant to this subsection shall be for informational purposes only and shall not result in a presumption of ownership in the railroad company or any other party."

SECTION 6. G.S. 153A‑1 reads as rewritten:

"§ 153A‑1. Definitions.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section have the meaning indicated when used in this Chapter.

(1) "City" means a city as defined by G.S. 160A‑1(2), except that it does not include a city that, without regard to its date of incorporation, would be disqualified from receiving gasoline tax allocations by G.S. 136‑41.2(a).

(2) "Clerk" means the clerk to the board of commissioners.

(3) "County" means any one of the counties listed in G.S. 153A‑10.

(4) "General law" means an act of the General Assembly that applies to all units of local government, to all counties, to all counties within a class defined by population or other criteria, to all cities, or to all cities within a class defined by population or other criteria, including a law that meets the foregoing standards but contains a clause or section exempting from its effect one or more counties, cities, or counties and cities.

(5) "Local act" means an act of the General Assembly that applies to one or more specific counties, cities, or counties and cities by name. "Local act" is interchangeable with the terms "special act," "special law," "public‑local act," and "private act," is used throughout this Chapter in preference to those terms, and means a local act as defined in this subdivision without regard to the terminology employed in local acts or other portions of the General Statutes.

(6) "Publish," "publication," and other forms of the verb "to publish" mean insertion in a newspaper qualified under G.S. 1‑ 597 to publish legal advertisements in the county.

(7) "Railroad corridor" means, for purposes of Article 18 of this Chapter, any railroad real property, including, but not limited to, a railroad right‑of‑way, whether held in fee or easement, regardless of the means by which title was acquired, and regardless of whether railroad tracks are located on the land. The term also includes rail‑related real property owned by a Regional Public Transportation Authority organized pursuant to Article 26 of Chapter 160A of the General Statutes, the Charlotte Area Transit System, and the Department of Transportation."

SECTION 7. G.S. 153A‑331 is amended by adding two new subsections to read:

"(a1) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in subsections (a1) and (a2) of this section shall apply. A subdivision control ordinance shall not allow the dedication or reservation of recreation areas serving residents of the immediate neighborhood of the subdivision, or of any other dedication or reservation of open spaces or open areas within a railroad corridor without first obtaining the written consent of the railroad company. For purposes of this subsection, the county planning board, commission, or other department with jurisdiction over subdivision control ordinances shall require any applicant seeking dedication or reservation to obtain written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. In lieu of obtaining consent of the railroad company, a subdivision control ordinance may allow an open space credit for acreage subject to a railroad easement without public dedication or reservation if the purpose of the credit is to preserve the railroad corridor for future railroad purposes. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(a2) The applicant shall provide directly to the county planning board, commission, or other department with jurisdiction over subdivision control ordinances the written consent of the railroad obtained under subsection (a1) of this section. Receipt by the county planning board, commission, or other department with jurisdiction over development plans from the applicant of either of the following may be relied upon in all respects by the county in determining whether to allow the dedication or reservation of recreation areas or of open spaces or open areas in accordance with subsection (a1) of this section, and the county shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (a1) of this section; or

(2) A certification that no consent of a railroad is required under subsection (a1) of this section because the dedication or reservation sought does not fall within a railroad corridor according to railroad maps filed pursuant to G.S. 136‑199."

SECTION 8. Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑337. Access to development within a railroad corridor.

(a) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in subsections (a) and (b) of this section shall apply. A county shall not approve any development plan where the sole means of ingress to and egress from the property being developed is a roadway that encroaches upon a railroad corridor without first obtaining the written consent of the railroad company. For purposes of this section, the county planning board, commission, or other department with jurisdiction over development plans shall require any applicant for a development plan to obtain the written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Except in regard to railroad crossings, failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(b) The applicant shall provide directly to the county the written consent of the railroad obtained under subsection (a) of this section. Receipt by the county from the applicant of either of the following may be relied upon in all respects by the county in determining whether to approve any development plan under subsection (a) of this section, and the county shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (a) of this section; or

(2) A certification that no consent of a railroad is required under subsection (a) of this section because the development plan sought does not fall within a railroad corridor according to railroad maps filed pursuant to G.S. 136‑199.

(c) Notwithstanding the provisions of subsection (a) of this section, if the sole means of ingress and egress to a property being developed is over an existing public roadway established and maintained by the State or municipality and within a railroad corridor and does not require the use of any additional land within the railroad corridor, then the provisions of subsection (a) of this section shall not apply and the applicant seeking approval of the development plan from the county may use that existing public roadway in its development plan without obtaining consent of the railroad. Nothing in this subsection shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners.

(d) The Department of Transportation may not condition the approval of any development plan on an applicant making road improvements, including adding an additional lane, if those road improvements would be within the railroad corridor and would require the consent of the railroad under subsection (a) of this section."

SECTION 9. G.S. 153A‑340 is amended by adding two new subsections to read:

"(j) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in this subsection and subsection (k) of this section shall apply. A county shall not permit any land located within a railroad corridor to be dedicated or reserved as open space or open area without first obtaining the written consent of the railroad company. For purposes of this subsection, the county planning board, commission, or other department with jurisdiction over development plans shall require any applicant seeking dedication or reservation to obtain the written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. In lieu of obtaining consent of the railroad company, a county may allow an open space credit for acreage subject to a railroad easement without public dedication or reservation if the purpose of the credit is to preserve the railroad corridor for future railroad purposes. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(k) The applicant shall provide directly to the county planning board, commission, or other department with jurisdiction over development plans the written consent of the railroad obtained under subsection (j) of this section. Receipt by the county planning board, commission, or other department with jurisdiction over development plans from the applicant of either of the following may be relied upon in all respects by the county in determining whether to allow the dedication or reservation of recreation areas or of open spaces or open areas in accordance with subsection (j) of this section, and the county shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (j) of this section; or

(2) A certification that no consent of a railroad is required under subsection (j) of this section because the dedication or reservation sought does not fall within a railroad corridor according to railroad maps filed pursuant to G.S. 136‑199."

SECTION 10. G.S. 153A‑357 reads as rewritten:

"§ 153A‑357. Permits.

(a) No person may commence or proceed with any of the following without first securing from the inspection department with jurisdiction over the site of the work each permit required by the State Building Code and any other State or local law or local ordinance or regulation applicable to the work:

(1) The construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building.

(2) The installation, extension, or general repair of any plumbing system except that in any one‑ or two‑family dwelling unit a permit shall not be required for the connection of a water heater that is being replaced, provided that the work is performed by a person licensed under G.S. 87‑21, who personally examines the work at completion and ensures that a leak test has been performed on the gas piping, and provided the energy use rate or thermal input is not greater than that of the water heater which is being replaced, there is no change in fuel, energy source, location, capacity, or routing or sizing of venting and piping, and the replacement is installed in accordance with the current edition of the State Building Code.

(3) The installation, extension, alteration, or general repair of any heating or cooling equipment system.

(4) The installation, extension, alteration, or general repair of any electrical wiring, devices, appliances, or equipment except that in any one‑ or two‑family dwelling unit a permit shall not be required for repair or replacement of electrical lighting fixtures or devices, such as receptacles and lighting switches, or for the connection of an existing branch circuit to an electric water heater that is being replaced, provided that all of the following requirements are met:

a. With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or less capacity and electrical rating as the original.

b. With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or less amperage.

c. The work is performed by a person licensed under G.S. 87‑43.

d. The repair or replacement installation meets the current edition of the State Building Code, including the State Electrical Code.

A permit shall be in writing and shall contain a provision that the work done shall comply with the State Building Code and all other applicable State and local laws and local ordinances and regulations. Nothing in this section shall require a county to review and approve residential building plans submitted to the county pursuant to Section R‑110 of Volume VII of the North Carolina State Building Code; provided that the county may review and approve such residential building plans as it deems necessary. No permit may be issued unless the plans and specifications are identified by the name and address of the author thereof; and if the General Statutes of North Carolina require that plans for certain types of work be prepared only by a registered architect or registered engineer, no permit may be issued unless the plans and specifications bear the North Carolina seal of a registered architect or of a registered engineer. If a provision of the General Statutes of North Carolina or of any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for the work may be issued unless the work is to be performed by such a duly licensed contractor. No permit issued under Articles 9 or 9C of ~~G.S. Chapter 143~~ Chapter 143 of the General Statutes shall be required for any construction, installation, repair, replacement, or alteration costing five thousand dollars ($5,000) or less in any single‑family residence or farm building unless the work involves: the addition, repair or replacement of load bearing structures; the addition (excluding replacement of same size and capacity) or change in the design of plumbing; the addition, replacement or change in the design of heating, air conditioning, or electrical wiring, devices, appliances, or equipment; the use of materials not permitted by the North Carolina Uniform Residential Building Code; or the addition (excluding replacement of like grade of fire resistance) of roofing. Violation of this section constitutes a Class 1 misdemeanor.

(b) No permit shall be issued pursuant to subsection (a) of this section for any land‑disturbing activity, as defined in G.S. 113A‑52(6), for any activity covered by G.S. 113A‑57, unless an erosion and sedimentation control plan has been approved by the Sedimentation Pollution Control Commission pursuant to G.S. 113A‑54(d)(4) or by a local government pursuant to G.S. 113A‑61 for the site of the activity or a tract of land including the site of the activity.

(c) (1) A county may by ordinance provide that a permit may not be issued under subsection (a) of this section to a person who owes delinquent property taxes, determined under G.S. 105‑360, on property owned by the person. Such ordinance may provide that a building permit may be issued to a person protesting the assessment or collection of property taxes.

(2) This subsection applies to Alexander, Alleghany, Anson, Bertie, Catawba, Chowan, Currituck, Davie, Gates, Greene, Lenoir, Lincoln, Iredell, Stokes, Surry, Tyrrell, Wayne, and Yadkin Counties only.

(d) No permit shall be issued pursuant to subsection (a) of this section for any land‑disturbing activity that is subject to, but does not comply with, the requirements of G.S. 113A‑71.

(e) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the following provisions shall apply. To preserve and protect railroad corridors for safety and future use and recognizing the right of the railroad to use its corridors at anytime in the future, no permit shall be issued pursuant to subsection (a) of this section for activity within a railroad corridor before the inspection department with jurisdiction over the site of the work or activity has verified that written agreement has been obtained from the railroad company as required by this subsection. The provisions of this subsection shall not apply to permits issued under subsection (a) of this section solely for repairs of existing buildings, or repair or replacement of existing plumbing systems, heating or cooling equipment systems, or electrical wiring, devices, or appliances and equipment, nor to the addition of new equipment within the existing building so long as such addition does not involve a change to the outside perimeter of the existing building, subject to other applicable laws. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(1) For those permit applications for work or activity that is within a railroad corridor and within 50 feet of any railroad track, railroad bridge, or other railroad facility, the inspection department with jurisdiction over the site of the work or activity shall not grant a permit to an applicant who has not first obtained a written agreement with the railroad company.

(2) For those permit applications for work or activity that is within the railroad corridor and greater than 50 feet from any railroad track, railroad bridge, or other railroad facility, the applicant shall provide written notice to the railroad company of the application at the time the application is submitted to the inspection department with jurisdiction over the site of the work or activity by sending the notice to the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State.

(3) A railroad company is a party aggrieved for the purpose of appealing any permitting decision by the inspection department with jurisdiction over the site of the work or activity that is inconsistent with the railroad company's property rights or its right to use the property for railroad purposes.

(4) For permit applications sought under subdivision (1) of this subsection, the applicant shall provide directly to the inspection department with jurisdiction over the site of the work or activity a copy of the written agreement entered into with the railroad company. Receipt by the inspection department from the applicant of either of the following may be relied upon in all respects by the inspection department in determining whether to issue the permit in accordance with this subsection, and the inspection department shall have no liability resulting from its reliance thereon:

a. A copy of the railroad's written agreement obtained under this subsection; or

b. A certification that no written agreement with a railroad is required under this subsection because the permit sought is not for work or activity that falls within a railroad corridor and within 50 feet of any railroad track, railroad bridge, or other railroad facility according to railroad maps filed pursuant to G.S. 136‑199.

(5) Nothing herein shall be construed as altering the reach and effect of applicable federal law to the railroad or rail carriers, nor to alter or affect the property rights of the railroad."SECTION 11. G.S. 160A‑1 reads as rewritten:

"§ 160A‑1. Application and meaning of terms.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this Chapter.

(1) "Charter" means the entire body of local acts currently in force applicable to a particular city, including articles of incorporation issued to a city by an administrative agency of the State, and any amendments thereto adopted pursuant to 1917 Public Laws, Chapter 136, Subchapter 16, Part VIII, sections 1 and 2, or Article 5, Part 4, of this Chapter.

(2) "City" means a municipal corporation organized under the laws of this State for the better government of the people within its jurisdiction and having the powers, duties, privileges, and immunities conferred by law on cities, towns, and villages. The term "city" does not include counties or municipal corporations organized for a special purpose. "City" is interchangeable with the terms "town" and "village," is used throughout this Chapter in preference to those terms, and shall mean any city as defined in this subdivision without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage. The terms "city" or "incorporated municipality" do not include a municipal corporation that, without regard to its date of incorporation, would be disqualified from receiving gasoline tax allocations by G.S. 136‑41.2(a), except that the end of status as a city under this sentence shall not affect the levy or collection of any tax or assessment, or any criminal or civil liability, and shall not serve to escheat any property until five years after the end of such status as a city, or until September 1, 1991, whichever comes later.

(3) "Council" means the governing board of a city. "Council" is interchangeable with the terms "board of aldermen" and "board of commissioners," is used throughout this Chapter in preference to those terms, and shall mean any city council as defined in this subdivision without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage.

(4) "General law" means an act of the General Assembly applying to all units of local government, to all cities, or to all cities within a class defined by population or other criteria, including a law that meets the foregoing standards but contains a clause or section exempting from its effect one or more cities or all cities in one or more counties.

(5) "Local act" means an act of the General Assembly applying to one or more specific cities by name, or to all cities within one or more specifically named counties. "Local act" is interchangeable with the terms "special act," "public‑local act," and "private act," is used throughout this Chapter in preference to those terms, and shall mean a local act as defined in this subdivision without regard to the terminology employed in charters, local acts, or other portions of the General Statutes.

(6) "Mayor" means the chief executive officer of a city by whatever title known.

(7) "Publish," "publication," and other forms of the verb "to publish" mean insertion in a newspaper qualified under G.S. 1‑597 to publish legal advertisements in the county or counties in which the city is located.

(7a) "Railroad corridor" means, for purposes of Article 19 of this Chapter, any railroad real property, including, but not limited to, a railroad right‑of‑way, whether held in fee or easement, regardless of the means by which title was acquired, and regardless of whether railroad tracks are located on the land. The term also includes rail‑related real property owned by a Regional Public Transportation Authority organized pursuant to Article 26 of this Chapter, the Charlotte Area Transit System, and the Department of Transportation.

(8) "Rural Fire Department" means, for the purpose of Articles 4A or 14 of this Chapter, a bona fide department which, as determined by the Commissioner of Insurance, is classified as not less than class "9" in accordance with rating methods, schedules, classifications, underwriting rules, bylaws or regulations effective or applied with respect to the establishment of rates or premiums used or charged pursuant to Article 36 or Article 40 of Chapter 58 of the General Statutes, and which operates fire apparatus and equipment of the value of five thousand dollars ($5,000) or more; but it does not include a municipal fire department."

SECTION 12. G.S. 160A‑296 reads as rewritten:

"§ 160A‑296. Establishment and control of streets; center and edge lines.

(a) A city shall have general authority and control over all public streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits except to the extent that authority and control over certain streets and bridges is vested in the Board of Transportation. General authority and control includes but is not limited to all of the following:

(1) The duty to keep the public streets, sidewalks, alleys, and bridges in proper repair.

(2) The duty to keep the public streets, sidewalks, alleys, and bridges open for travel and free from unnecessary obstructions.

(3) The power to open new streets and alleys, and to widen, extend, pave, clean, and otherwise improve existing streets, sidewalks, alleys, and bridges, and to acquire the necessary land therefor by dedication and acceptance, purchase, or eminent domain.

(4) The power to close any street or alley either permanently or temporarily.

(5) The power to regulate the use of the public streets, sidewalks, alleys, and bridges.

(6) The power to regulate, license, and prohibit digging in the streets, sidewalks, or alleys, or placing therein or thereon any pipes, poles, wires, fixtures, or appliances of any kind either on, above, or below the surface. To the extent a municipality is authorized under applicable law to impose a fee or charge with respect to activities conducted in its rights‑of‑way, the fee or charge must apply uniformly and on a competitively neutral and nondiscriminatory basis to all comparable activities by similarly situated users of the rights‑of‑way.

(7) The power to provide for lighting the streets, alleys, and bridges of the city.

(8) The power to grant easements in street rights‑of‑way as permitted by G.S. 160A‑273.

(a1) A city with a population of 250,000 or over according to the most recent decennial federal census may also exercise the power granted by subdivision (a)(3) of this section within its extraterritorial planning jurisdiction. Before a city makes improvements under this subsection, it shall enter into a memorandum of understanding with the Department of Transportation to provide for maintenance.

(b) Repealed by Session Laws 1991, c. 530, s. 6, effective January 1, 1992.

(c) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in this subsection and subsection (d) of this section shall apply. In exercising the power granted under subsection (a) of this section, a city shall not establish or accept for dedication any new public street, sidewalk, alley, bridge, or other ways of public passage within a railroad corridor as defined in G.S. 160A‑1(7a) without first requiring any applicant to obtain the written consent of the railroad company. For purposes of this subsection, the city shall require any applicant seeking dedication or reservation to obtain written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(d) The applicant shall provide directly to the city the written consent of the railroad obtained under subsection (c) of this section. Receipt by the city from the applicant of either of the following may be relied upon in all respects by the city in determining whether to establish or accept for dedication or reservation any new public passage under subsection (c) of this section, and the city shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (c) of this section; or

(2) A certification that no consent of a railroad is required under subsection (c) of this section because the dedication or reservation sought does not fall within a railroad corridor according to railroad maps filed pursuant to G.S. 136‑199."

SECTION 13. Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑368. Access to development within a railroad corridor.

(a) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in this subsection and subsection (b) of this section shall apply. A city shall not approve any development plan where the sole means of ingress to and egress from the property being developed is a roadway that encroaches upon a railroad corridor without first obtaining the written consent of the railroad company. For purposes of this section, the city shall require as a condition of approving a development plan that any applicant obtain written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Except in regard to railroad crossings, failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(b) The applicant shall provide directly to the city the written consent of the railroad obtained under subsection (a) of this section. Receipt by the city from the applicant of either of the following may be relied upon in all respects by the city in determining whether to approve any development plan under subsection (a) of this section, and the city shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (a) of this section; or

(c) Notwithstanding the provisions of subsection (a) of this section, if the sole means of ingress and egress to a property being developed is over an existing public roadway established and maintained by the State or municipality and within a railroad corridor and does not require the use of any additional land within the railroad corridor, then the provisions of subsection (a) of this section shall not apply, and the applicant seeking approval of the development plan from the city may use that existing public roadway in its development plan without obtaining consent of the railroad. Nothing in this subsection shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners.

SECTION 14. G.S. 160A‑372 is amended by adding two new subsections to read:

"(a1) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in this subsection and subsection (a2) of this section shall apply. A subdivision control ordinance shall not allow the dedication or reservation of recreation areas serving residents of the immediate neighborhood of the subdivision or of any other dedication or reservation of open spaces or open areas within a railroad corridor without first obtaining the written consent of the railroad company. For purposes of this subsection, the city planning board, commission, or other department with jurisdiction over subdivision control ordinances shall require any applicant seeking dedication or reservation to obtain written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. In lieu of obtaining consent of the railroad company, a subdivision control ordinance may allow an open space credit for acreage subject to a railroad easement without public dedication or reservation if the purpose of the credit is to preserve the railroad corridor for future railroad purposes. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(a2) The applicant shall provide directly to the city planning board, commission, or other department with jurisdiction over subdivision control ordinances the written consent of the railroad obtained under subsection (a1) of this section. Receipt by the city planning board, commission, or other department with jurisdiction over development plans from the applicant of either of the following may be relied upon in all respects by the city in determining whether to allow the dedication or reservation of recreation areas or of open spaces or open areas in accordance with subsection (a1) of this section, and the city shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (a1) of this section; or

SECTION 15. G.S. 160A‑381 is amended by adding two new subsections to read:

"(g1) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the provisions in this subsection and subsection (g2) of this section shall apply. A city shall not permit any land located within a railroad corridor to be dedicated or reserved as open space or open area without first obtaining the written consent of the railroad company. For purposes of this subsection, the city planning board, commission, or other department with jurisdiction over development plans shall require any applicant seeking dedication or reservation to obtain written consent of the railroad company by contacting the railroad company by certified mail, return receipt requested, through its current registered agent at the address on file with the North Carolina Department of the Secretary of State. The railroad company shall have 60 days from receipt of a request for written consent made under this section to approve, deny with an explanation, or respond with its requirements. Failure to respond to the request for written consent within 60 days shall be deemed to be approval of the request for written consent by the railroad company unless the railroad owns the railroad corridor in fee simple. In lieu of obtaining consent of the railroad company, a city may allow an open space credit for acreage subject to a railroad easement without public dedication or reservation if the purpose of the credit is to preserve the railroad corridor for future railroad purposes. Nothing herein shall be construed to alter or affect the property rights of the railroad or adjacent or underlying landowners. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

(g2) The applicant shall provide directly to the city planning board, commission, or other department with jurisdiction over development plans the written consent of the railroad obtained under subsection (g1) of this section. Receipt by the city planning board, commission, or other department with jurisdiction over development plans from the applicant of either of the following may be relied upon in all respects by the city in determining whether to permit the dedication or reservation of open space or open area in accordance with subsection (g1) of this section, and the city shall have no liability resulting from reliance thereon:

(1) A copy of the railroad's written consent obtained under subsection (g1) of this section; or

(2) A certification that no consent of a railroad is required under subsection (g1) of this section because the dedication or reservation sought does not fall within a railroad corridor according to railroad maps filed pursuant to G.S. 136‑199."

SECTION 16. G.S. 160A‑417 reads as rewritten:

"§ 160A‑417. Permits.

(a) No person shall commence or proceed with any of the following without first securing from the inspection department with jurisdiction over the site of the work any and all permits required by the State Building Code and any other State or local laws applicable to the work:

(1) The construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building or structure.

(3) The installation, extension, alteration, or general repair of any heating or cooling equipment system.

a. With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or less capacity and electrical rating as the original.

b. With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or less amperage.

c. The work is performed by a person licensed under G.S. 87‑43.

d. The repair or replacement installation meets the current edition of the State Building Code, including the State Electrical Code.

A permit shall be in writing and shall contain a provision that the work done shall comply with the State Building Code and all other applicable State and local laws. Nothing in this section shall require a city to review and approve residential building plans submitted to the city pursuant to Section R‑110 of Volume VII of the North Carolina State Building Code; provided that the city may review and approve such residential building plans as it deems necessary. No permits shall be issued unless the plans and specifications are identified by the name and address of the author thereof, and if the General Statutes of North Carolina require that plans for certain types of work be prepared only by a registered architect or registered engineer, no permit shall be issued unless the plans and specifications bear the North Carolina seal of a registered architect or of a registered engineer. When any provision of the General Statutes of North Carolina or of any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for the work shall be issued unless the work is to be performed by such a duly licensed contractor. No permit issued under Articles 9 or 9C of Chapter 143 shall be required for any construction, installation, repair, replacement, or alteration costing five thousand dollars ($5,000) or less in any single family residence or farm building unless the work involves: the addition, repair or replacement of load bearing structures; the addition (excluding replacement of same size and capacity) or change in the design of plumbing; the addition, replacement or change in the design of heating, air conditioning, or electrical wiring, devices, appliances, or equipment; the use of materials not permitted by the North Carolina Uniform Residential Building Code; or the addition (excluding replacement of like grade of fire resistance) of roofing. Violation of this section shall constitute a Class 1 misdemeanor.

(c) No permit shall be issued pursuant to subsection (a) of this section for any land‑disturbing activity that is subject to, but does not comply with, the requirements of G.S. 113A‑71.

(d) When a railroad company has filed railroad corridor maps pursuant to G.S. 136‑199, then the following provisions of this subsection shall apply. To preserve and protect railroad corridors for safety and future use and recognizing the right of the railroad to use its corridors at anytime in the future, no permit shall be issued pursuant to subsection (a) of this section for activity within a railroad corridor before the inspection department with jurisdiction over the site of the work or activity has verified that written agreement has been obtained from the railroad company as required by this subsection. The provisions of this subsection shall not apply to permits issued under subsection (a) of this section solely for repairs of existing buildings, or repair or replacement of existing plumbing systems, heating or cooling equipment systems, or electrical wiring, devices, or appliances and equipment, nor to the addition of new equipment within the existing building so long as such addition does not involve a change to the outside perimeter of the existing building, subject to other applicable laws. This section shall not apply to a regulated public utility engaged in the business of producing, generating, transmitting, delivering, or furnishing electricity, as defined in G.S. 62‑3(23)a.1.

a. A copy of the railroad's written agreement obtained under this subsection; or

(5) Nothing herein shall be construed as altering the reach and effect of applicable federal law to the railroad or rail carriers, not to alter or affect the property rights of the railroad."

SECTION 17. This act becomes effective October 1, 2011. Sections 7, 8, 9, 10, 12, 13, 14, 15, and 16 of this act apply to actions taken by city or county entities on or after October 1, 2011.