NOTICE: ETJ limited in Wake County
House Bill 173 titled “Temporarily Limit ETJ Expansion in Wake County” has passed the North Carolina General Assembly. The bill reads:
SECTION 1.(a) Notwithstanding G.S. 160D-202 and any other provision of law, no municipality shall expand the territory over which that municipality may exercise any powers of extraterritorial jurisdiction in Wake County as provided in Article 2 of Chapter 160D of the General Statutes or its predecessor, Article 19 of Chapter 160A of the General Statutes, beyond the territory over which the municipality exercised extraterritorial jurisdiction in Wake County on January 1, 2025.
SECTION 1.(b) This section applies to the County of Wake only.
SECTION 1.(c) This section is effective when it becomes law and expires on December 31, 2028.
ETJ in Wake County
In compliance with HB 173, Wake County will not proceed with municipal requests for ETJ extension.
The following describes the basic process for ETJ extension.
Initiation
The municipal town board adopts a resolution requesting the Wake County Board of Commissioners extend Extra Territorial Jurisdiction (ETJ).
Public Input
As part of the request, the municipality is required to conduct public outreach to the areas affected. This step is sometimes conducted prior to the municipal resolution.
Review
Wake County staff prepare a report analyzing the municipal request for ETJ extension based on Wake County’s ETJ Criteria. The Wake County Planning Board Land Use Committee reviews the request and analysis during one or more meetings. All meetings of the Land Use Committee are open to the public.
Planning Board Recommendation
The Land Use Committee will prepare a recommendation for the full Planning Board. At a regular meeting of the Planning Board, the board will review the committee recommendation. The meeting will include opportunity for public comment. The Planning Board will make a recommendation to the Wake County Board of Commissioners. The recommendation could be to approve all, some or none of the area requested by the Town.
Action
The Board of Commissioners will hold a public hearing, review the recommendation by the Planning Board, and take action. The timeframe for this action is unknown.
Municipal Rezoning
If the Board of Commissioners grants the ETJ request, then the municipality notifies property owners within the affected area and begins to prepare an ETJ ordinance that recommends municipal zoning for the land within the ETJ.