Changes to proposed new major subdivision preliminary plats.
An increase in the size of an approved subdivision by more than fifty
percent (50 percent) of the subdivision's total land area including
developed and undeveloped land.
While this law provides some form of notification of development review and
enables the military to provide comment and feedback regarding proposed
land use planning and zoning changes, it provides this military review late in
the planning process. The law requires the BOC to notify the military in
advance of the public hearing for which a decision will be rendered; however,
this could mean costly changes in plans in order for the proposed changes to
be approved. This could ultimately mean a lost opportunity for economic
development if the developer chooses to withdraw their development
application due to the military impacts and associated costs to change the
plans so as to mitigate the impacts on the military.
North Carolina House Bill 433
North Carolina’s House Bill 433 of 2013, the Military Lands Protection Act,
was enacted to support the state’s military installations by developing height
regulations and standards for buildings and / or structures within proximity to
an installation. The law establishes regulation for buildings and / or
structures due to the “concerns associated with development include loss of
access to air space and coastal and marine areas and radio frequency
encroachment.”
The law states if a tall building or structure is proposed for development
within five miles of a major military installation, then the applicant and
relevant governmental entity responsible for approving the construction
must notify the military installation and its base commander of the proposed
structure. The applicant and government entity must seek endorsement
from the military and provide a written document issued by the FAA stating
“Determination of No Hazard to Air Navigation” prior to any permit approval
and construction.
Background Report
This law only provides for a minimal military development review as it is
focused on tall buildings or structures higher than 199 feet measured from
the top of the foundation of the building or structure to the uppermost point
of the structure or building. This measurement does not include at‐grade
elevation, which could be a concern for tall buildings and structures.
City of Goldsboro Unified Development Ordinance, Sections 5.9
and 5.10, Noise Overlay District and Accident Potential Zone
The City of Goldsboro and Wayne County both adopted zoning overlay
districts incorporating the Seymour Johnson AICUZ Study recommendations.
Both the City of Goldsboro and Wayne County informally coordinate with
Seymour Johnson AFB when development is proposed within the overlay
district or in the instance of a proposal for an existing structure to increase
height. However, there are no formal regulations established in the Noise
Overlay District that requires coordination with the military. There are very
specific regulations and guidance fo