North Carolina 2019-2020 Session Status: In Committee 3 R cosponsors

SB 367 — Clarify Property Owners' Rights.

Last action — Reptd Fav Com Substitute

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

23 added · 70 removed

Plain-language change summary

The amendment to SB 367 establishes stricter controls on how cities can regulate the removal of trees from private property. Specifically, cities can no longer adopt ordinances on this matter without direct permission from the General Assembly. Additionally, the previous requirement that property owners replace removed trees with saplings has been removed. This change is significant because it limits local authority over tree management and could make it easier for property owners to remove trees without needing to replant them.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 367 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 367 State and Local Government Committee Substitute Adopted 4/9/19 Short Title:
Senators McInnis, Krawiec, and B.
Jackson (Primary Sponsors).
Rules and Operations of the Senate March 27, 2019 A BILL TO BE ENTITLED AN ACT PROVIDING THAT COUNTIES AND CITIES SHALL NOT ADOPT ORDINANCES REGULATING THE REMOVAL OF TREES FROM PRIVATE PROPERTY WITHOUT THE EXPRESS AUTHORIZATION OF THE GENERAL ASSEMBLY.
March 27, 2019 A BILL TO BE ENTITLED AN ACT PROVIDING THAT COUNTIES AND CITIES SHALL NOT ADOPT ORDINANCES REGULATING THE REMOVAL OF TREES FROM PRIVATE PROPERTY WITHOUT THE EXPRESS AUTHORIZATION OF THE GENERAL ASSEMBLY.
Neither the general police powers authorized in this Article nor any other powers authorized in this Chapter or in any other general or local law, except a general or local law expressly authorizing a county to adopt ordinances regulating the removal of trees from private property, shall be used by a county's governingbodyas thebasis foradoptingordinances regulatingtheremoval oftrees from private property.
Neither the general police powers authorized in this Article nor any other powers authorized in this Chapter or in any other general or local law, except a general or local law expressly authorizing a county to adopt ordinances regulating the removal of trees from private property, shall be used by a county's governingbodyas thebasis foradoptingordinances regulatingtheremoval oftrees from private property." SECTION 2.
Any ordinance regulating the removal of trees from private property shall provide that the owner of the private propertymayremove anytree on the propertythat interferes with a construction or renovation project so long as the owner replaces the tree with a sapling of the same or similar type.
For purposes of this section, the term "sapling" means any tree between 1 and 4 inches in diameter at breast height." SECTION 2.
Neither the general police powers authorized in this Article nor any other powers authorized in this Chapter or in any other general or local law, except a general or local law expressly authorizing a city to adopt ordinances regulating the removal of trees from private property, shall be used by a city's governing body as the basis for adopting ordinances regulating the removal of trees from private property.
Neither the general police powers authorized in this Article nor any other powers authorized in this Chapter or in any other general or local law, except a general or local law expressly authorizing a city to adopt ordinances regulating the removal of trees from private property, shall be used by a city's governing body as the basis for adopting ordinances regulating the removal of trees from private property." SECTION 3.
Any ordinance regulating the removal of trees from private property shall include a provision which provides that the owner of the private property may remove any tree on the property that interferes with a construction or renovation project so long as the owner replaces the tree with a sapling of the same or similar type.
Any local acts authorizing ordinances regulating the removal of trees from private property and any ordinances that were adopted under that authority before the date this act becomes law shall remain in effect after this act becomes law.
For purposes of this section, the term "sapling" means any tree between 1 and 4 inches in diameter at breast height." *S367-v-1* General Assembly Of North Carolina Session 2019 SECTION 3.
The followinglocal acts authorizing ordinances regulating the removal of trees from private property shall remain in effect after this act becomes law, but the governing body of the county or city shall amend any ordinances adopted prior to the effective date of this act to include a provision which provides that the owner of the private property may remove any tree on the property that interferes with a construction or renovation project so long as the owner replaces the tree with a sapling of the same or similar type as required by G.S.
153A-145.8 and G.S.
160A-201.2, as enacted in Sections 1 and 2 of this act:
(1) Chapter 328 of the Session Laws of 1977 (Wilson, Greenville).
(2) Section 5.66 of the Charter of the City of Greensboro, being Chapter 1137 of the Session Laws of 1959, as amended byChapter 288 of the Session Laws of 1979.
(3) Chapter 556 of the Session Laws of 1985, as amended by Chapter 921 of the Session Laws of 1987 (Asheville, Raleigh, and Pine Knoll Shores).
(4) Chapter 242 of the Session Laws of 1987 (Southport).
(5) Chapter 786 of the Session Laws of 1987 (New Hanover County and all municipalities in the County).
(6) Section 5.33 of the Charter of the Town of Chapel Hill, being Chapter 473 of the Session Laws of 1975, as amended byChapter 330 of the Session Laws of 1977 and Chapter 478 of the Session Laws of 1989.
(7) Section 7.5 of the Charter of the Town of Wrightsville Beach, being Chapter 611 of the Session Laws of 1989.
(8) Section 5.3 of the Charter of the Town of Highlands, being Chapter 519 of the Session Laws of 1991.
(9) S.L.
1997-420, as amendedbyS.L.2005-305 and Section94ofS.L.2006-264 (Cornelius, Davidson, Huntersville, and Nags Head).
(10) S.L.
2006-264 (Section 94(b)) (Matthews).
(11) Section 6.221 of the Charter of the City of Charlotte, being S.L.
2000-26, as amended.
(12) S.L.
2000-108 (Kinston, Apex, Cary, Garner, and Morrisville).
(13) S.L.
2001-191, as amended by Section 1 of S.L.
2003-128 (Durham, Cary, Garner, Morrisville, Knightdale, Fuquay-Varina, Spencer, and Raleigh).
(14) Section 5.1 of the Charter of the Town of Holly Springs, being S.L.
2003-73, as amended.
(15) S.L.
2003-128, as amended by Section 71 of S.L.
2004-203 (Rutherfordton, Wake County).
(16) Section 11.3 of the Charter of the Town of Mount Airy, being S.L.
2003-281, as amended.
(17) S.L.
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2003-246 (Rockingham, Smithfield, and Statesville).
(18) S.L.
2006-102 (Greenville).
(19) S.L.
2006-115 (Clayton, Reidsville).
Page 2 Senate Bill 367-First Edition
*S367-v-2*
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Action History

  1. Reptd Fav Com Substitute

  2. Com Substitute Adopted

  3. Re-ref Com On Judiciary

  4. Withdrawn From Com

  5. Re-ref to State and Local Government. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  6. Passed 1st Reading

  7. Ref To Com On Rules and Operations of the Senate

  8. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (175)

175 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 367?
SB 367 is sponsored by Tom McInnis (Republican), Krawiec, Norman W. Sanderson (Republican), and Brent Jackson (Republican).
What is the current status of SB 367?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 367?
Track SB 367 free on One Click Politics — get push/email alerts when it moves.

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