(a) Upon receipt of a valid petition signed by all of the owners of real property in the area described therein, a city may annex an area not contiguous to its primary corporate limits when the area meets the standards set out in subsection (b) of this section. The petition need not be signed by the owners of real property that is wholly exempt from property taxation under the Constitution and laws of North Carolina, nor by railroad companies, public utilities as defined in G.S. 62-3(23), or electric or telephone membership corporations. A petition is not valid in any of the following circumstances: (2) It is signed by the city for the annexation of property the city does not own or have a legal interest in. For the purpose of this subdivision, a city has no legal interest in a State-maintained street unless it owns the underlying fee and not just an easement.(3) It is for the annexation of property for which a signature is not required and the property owner objects to the annexation.(b) A noncontiguous area proposed for annexation must meet all of the following standards: (1) The nearest point on the proposed satellite corporate limits must be not more than one and one-half miles from the primary corporate limits of the annexing city.(2) No point on the proposed satellite corporate limits may be closer to the primary corporate limits of another city than to the primary corporate limits of the annexing city, except as set forth in subsection (b2) of this section.(3) The area must be so situated that the annexing city will be able to provide the same services within the proposed satellite corporate limits that it provides within its primary corporate limits.(4) If the area proposed for annexation, or any portion thereof, is subject to subdivision regulation as described in G.S. 160D-802, all of the subdivision must be included. (5) The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, may not exceed ten percent (10%) of the area within the primary corporate limits of the annexing city. (5) The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, may not exceed ten percent (10%) of the area within the primary corporate limits of the annexing city. This subdivision does not apply to the Cities of Archdale, Asheboro, Belmont, Claremont, Concord, Conover, Durham, Elizabeth City, Gastonia, Greenville, Hickory, Kannapolis, Kings Mountain, Locust, Lowell, Marion, Mount Airy, Mount Holly, New Bern, Newton, Oxford, Randleman, Roanoke Rapids, Rockingham, Saluda, Sanford, Salisbury, Shelby, Southport, Statesville, and Washington and the Towns of Ahoskie, Angier, Apex, Ayden, Belville, Benson, Bladenboro, Bridgeton, Bunn, Burgaw, Calabash, Carthage, Catawba, China Grove, Clayton, Columbia, Columbus, Cramerton, Creswell, Dallas, Dobson, Four Oaks, Franklin, Franklinton, Franklinville, Fuquay-Varina, Garner, Godwin, Goldston, Granite Quarry, Green Level, Grimesland, Harrisburg, Holly Ridge, Holly Springs, Hookerton, Hope Mills, Huntersville, Jamestown, Kenansville, Kenly, Knightdale, Landis, Liberty, Lillington, Louisburg, Maggie Valley, Maiden, Mayodan, Maysville, Middlesex, Midland, Mocksville, Morrisville, Mount Pleasant, Nashville, North Wilkesboro, Norwood, Oak Island, Oakboro, Ocean Isle Beach, Pembroke, Pine Level, Pollocksville, Princeton, Ramseur, Ranlo, Richlands, Rockwell, Rolesville, Rutherfordton, Shallotte, Siler City, Smithfield, Spencer, Spring Lake, Stanley, Stem, Stovall, Surf City, Swansboro, Taylorsville, Troutman, Troy, Vass, Wallace, Warsaw, Watha, Waynesville, Weldon, Wendell, West Jefferson, Wilson's Mills, Windsor, Wingate, Yadkinville, Youngsville, and Zebulon.
(b1) Repealed by Session Laws 2004-203, ss. 13(a) and 13(d), effective August 17, 2004.(b2) A city may annex a noncontiguous area that does not meet the standard set out in subdivision (b)(2) of this section if the city has entered into an annexation agreement pursuant to Part 6 of this Article with the city to which a point on the proposed satellite corporate limits is closer and the agreement states that the other city will not annex the area but does not say that the annexing city will not annex the area. The annexing city shall comply with all other requirements of this section.(c) The petition shall contain the names, addresses, and signatures of all owners of real property within the proposed satellite corporate limits (except owners not required to sign by subsection (a)), shall describe the area proposed for annexation by metes and bounds, and shall have attached thereto a map showing the area proposed for annexation with relation to the primary corporate limits of the annexing city. The petition shall also contain a statement from the owner that the owner's petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. When there is any substantial question as to whether the area may be closer to another city than to the annexing city, the map shall also show the area proposed for annexation with relation to the primary corporate limits of the other city. The city council may prescribe the form of the petition.(d) A city council which receives a petition for annexation under this section may by ordinance require that the petitioners file a signed statement declaring whether or not vested rights with respect to the properties subject to the petition have been established under G.S. 160D-108 or G.S. 160D-108.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established under G.S. 160D-108 or G.S. 160D-108.1 shall be binding on the landowner and any such vested rights shall be terminated.N.C. Gen. Stat. § 160A-58.1
Amended by 2023 N.C. Sess. Laws 143,s. 5, eff. 10/25/2023.Amended by 2022 N.C. Sess. Laws 62, s. 45, eff. 7/8/2022.Amended by 2022 N.C. Sess. Laws 26, s. 1, eff. 6/30/2022.Amended by 2022 N.C. Sess. Laws 22, s. 1, eff. 6/30/2022.Amended by 2021 N.C. Sess. Laws 101, s. 1, eff. 8/9/2021.Amended by 2021 N.C. Sess. Laws 87, s. 1, eff. 7/15/2021.Amended by 2021 N.C. Sess. Laws 86, s. 1, eff. 7/14/2021.Amended by 2021 N.C. Sess. Laws 21, s. 1, eff. 5/12/2021.Amended by 2021 N.C. Sess. Laws 17, s. 2, eff. 4/28/2021.Amended by 2019 N.C. Sess. Laws 160, s. 1, eff. 7/24/2019.Amended by 2019 N.C. Sess. Laws 105, s. 1, eff. 7/10/2019.Amended by 2019 N.C. Sess. Laws 103, s. 1, eff. 7/10/2019.Amended by 2019 N.C. Sess. Laws 58, s. 1, eff. 6/26/2019.Amended by 2018 N.C. Sess. Laws 56, s. 1, eff. 6/25/2018.Amended by 2016 N.C. Sess. Laws 48, s. 2, eff. 6/29/2016.Amended by 2015 N.C. Sess. Laws 172, s. 2, eff. 7/30/2015.Amended by 2015 N.C. Sess. Laws 81, s. 2-a, eff. 6/17/2015.Amended by 2015 N.C. Sess. Laws 80, s. 1, eff. 6/15/2015.Amended by 2013 N.C. Sess. Laws 248, s. 1, eff. 7/9/2013.Amended by 2012 N.C. Sess. Laws 96, s. 1, eff. 6/28/2012.Amended by 2011 N.C. Sess. Laws 57, s. 1, eff. 4/28/2011.Amended by 2009 N.C. Sess. Laws 323, s. 1, eff. 7/22/2009.Amended by 2009 N.C. Sess. Laws 156, s. 1, eff. 6/23/2009.Amended by 2009 N.C. Sess. Laws 111, s. 1, eff. 6/16/2009.Amended by 2009 N.C. Sess. Laws 53, s. 1, eff. 6/2/2009.Amended by 2009 N.C. Sess. Laws 40, s. 2, eff. 5/27/2009.Amended by 2008 N.C. Sess. Laws 30, s. 1, eff. 6/30/2008.Amended by 2008 N.C. Sess. Laws 24, s. 1, eff. 6/30/2008.Amended by 2007 N.C. Sess. Laws 342, s. 1, eff. 8/2/2007.Amended by 2007 N.C. Sess. Laws 311, s. 1, eff. 7/28/2007.Amended by 2007 N.C. Sess. Laws 225, s. 1, eff. 7/17/2007.Amended by 2007 N.C. Sess. Laws 62, s. 1, eff. 6/6/2007.Amended by 2007 N.C. Sess. Laws 26, ss. 1, 2.(a), eff. 4/26/2007.Amended by 2007 N.C. Sess. Laws 17, s. 1, eff. 4/19/2007.Amended by 2006 N.C. Sess. Laws 130, s. 1, eff. 7/19/2006.Amended by 2006 N.C. Sess. Laws 122, s. 1, eff. 7/18/2006.Amended by 2006 N.C. Sess. Laws 62, s. 1, eff. 7/6/2006.Amended by 2005 N.C. Sess. Laws 433, s. 9, eff. 9/22/2005.Amended by 2005 N.C. Sess. Laws 173, s. 1, eff. 7/11/2005.Amended by 2005 N.C. Sess. Laws 71, s. 1, eff. 6/1/2005.Amended by 2005 N.C. Sess. Laws 52, s. 1, eff. 5/18/2005.Amended by 2004 N.C. Sess. Laws 0203, ss. 13.(a), 13.(b), 13.(c), 13.(d), eff. 8/17/2004.Amended by 2004 N.C. Sess. Laws 0099, s. 1, eff. 7/15/2004.Amended by 2004 N.C. Sess. Laws 0057, s. 1, eff. 7/6/2004.Amended by 2003 N.C. Sess. Laws 0030, s. 1, eff. 5/1/2003.Amended by 2001 - 438, s. 1, eff. 10/15/2001. 1973 , c. 1173, s. 2; 1989 (Reg. Sess., 1990), c. 996, s. 4.City of Asheboro, 2021 N.C. Sess. Laws 21, s. 3-a
Town of Surf City, 2021 N.C. Sess. Laws 21, s. 2-a
City of Kinston, 2017 N.C. Sess. Laws 85, s. 3-b
Town of Franklin and City of Archdale, 2015 N.C. Sess. Laws 81, s. 1-a
Town of Harrisburg, 2014 N.C. Sess. Laws 30, s. 2-a
Village of Foxfire, 2014 N.C. Sess. Laws 30, s. 1-a
Town of Wallace, 2012 N.C. Sess. Laws 118, s. 1
Town of Norwood, 2009 N.C. Sess. Laws 256, s. 1
Town of Maggie Valley, 2008 N.C. Sess. Laws 28, s. 1
City of Kannapolis, 2007 N.C. Sess. Laws 344, s. 1
Town of Clayton, 2007 N.C. Sess. Laws 327, s. 2
Town of Norwood, 2007 N.C. Sess. Laws 71, s. 1
Town of Oak Island, 2007 N.C. Sess. Laws 26, s. 2.(a)
City of Asheville, 2005 N.C. Sess. Laws 139, s. 3.
Town of Maggie Valley, 2005 N.C. Sess. Laws 79, s. 1.
Cities of Marion, Oxford, and Rockingham and the Towns of Calabash, Catawba, Dallas, Godwin, Louisburg, Mocksville, Pembroke, Rutherfordton, and Waynesville, 2004 N.C. Sess. Laws 0203, s. 13.(b).
Town of Beaufort, 2003 N.C. Sess. Laws 0204, s. 1.
Union County, 2003 N.C. Sess. Laws 0321, s. 2.
Cities of Claremont, Concord, Conover, Newton, Sanford, and Southport; Towns of Maiden, Swansboro, and Warsaw, 2002 - 121, s. 1.
Village of Marvin, 2002 - 140, s. 1.
Cities of Marion, Oxford, and Rockingham; Towns of Calabash, Catawba, Dallas, Godwin, Louisburg, Mocksville, Pembroke, Rutherfordton, and Waynesville, 2001 - 37, s. 1. Repealed by by 2004 N.C. Sess. Laws 0203, s. 13.(a), eff. 8/17/2004.
City of Salisbury, 2001 - 72, s. 1.
Town of Winterville, 2001 - 77, s. 1.
City of Brevard, 2001 - 105, s. 2.
Town of Mayodan, 2001 - 405, s. 1.
Brunswick County, 2001 - 478, s. 1.