and discussion of potential impacts. Another element is the geographic area
identified in the law, which is expansive and may require unnecessary
coordination, i.e. impacts may not extend as far out as five miles from an
installation perimeter. This lack of precise identification of where the
impacts will most likely occur can lead to situations of perceived
over‐regulation by the affected communities. If perception becomes
negative, then support and advocacy for the military can degrade over time.
This allows for various pathways to utilize the incurred indebtedness to
acquire land near military installations; however, it must not exceed the
17,000 acres or $20 million including any indebtedness incurred by other
parts of this law.
Findings
2003 Session Law ‐ House Bill 1264 is limited to land acquisition to
protect military assets and has limits of protection including only
17,000 acres or a maximum of $20 million.
Existing Tools
House Bill 254: Session Law 2013-59
House Bill 254 establishes military notification requirements for county and
local governments when proposing development or changes in land uses
within a five mile area of a military installation. The law states that an official
notice to the military Base Commander must occur at no more than 25 days
prior to the date of a Board of Commissioners (BOC) public hearing that has
been set to hear and render a decision on the land use changes proposed for
the area. However, the law also states that the military has 30 days to
provide comment and feedback about the potential impacts to the mission
operations from the proposed land use changes. This allows the military to
provide comment five days after a public hearing where a decision has
already been rendered. This can lead to no response from the military
because this lead time basically gives the Board of Commissioners the option
to approve a project or land use change prior to receiving official comment
from the military prior to the public hearing.
There are no additional state funding mechanisms to assist county and
local governments in long‐range land use and infrastructure planning
or workforce training considering military compatibility.
ISSUE
LEG‐3
Military Compatibility Legislation
Need for enhanced military compatibility legislation to
ensure appropriate response timeframes and
applicability to precise geographic areas.
Compatibility Assessment
There is a need for improvement of the major military compatibility
legislation in North Carolina. While the laws are a good step in the right
direction for communication, coordination, and planning in consideration of
military compatibility, there are some specific elements in the legislation that
could benefit from enhancement to eliminate potential issues in the future.
Additionally, this lead time of official notification to the military is late in the
planning process. The 25‐day notice prior to the public hearing indicates the
plans have been completed and ready for approval, which can mean
additional costs for the developer if the proposed project or land use change
requires modification to mitigate impacts to the military mission. This could
result in a developer withdrawing a proposal at an economic loss to the
community.
A couple of these specific elements are the delineated timeframes to receive
a response from the military. This stipulated timeframe is incongruent with
the local governing planning process, which can lead to missed identification
Background Report
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