North Carolina Councils of Governments - State Enabling Statutes

State Enabling Statutes

NCGS 160A-470 enables regional councils of government to be established in North Carolina. Furthermore, this statute lays the groundwork for the formation of regional councils of government in North Carolina, and extends an open invitation for participation to governments in adjoining states. The statute reads as follows: NCGS 160A-470 "(a) Any two or more units of local government may create a regional council of governments by adopting identical concurrent resolutions to that effect in accordance with the provisions and procedures of this Part. To the extent permitted by the laws of its state, a local government in a state adjoining North Carolina may participate in regional councils of governments organized under this Part to the same extent as if it were located in this State. The concurrent resolutions creating a regional council of governments and any amendments thereto, will be referred to in this Part as the "charter" of the regional council".

NCGS 160-475 goes on to specifically list the powers that the charter confers upon regional councils. The powers as contained in this statute are as follows: "(1) To apply for, accept, receive, and dispense funds and grants made available to it by the State of North Carolina or any agency thereof, the United States of America or any agency thereof, any unit of local government (whether or not a member of the council), and any private or civic agency. (2) To employ personnel (3) To contract with consultants (4) To contract with the State of North Carolina, any other state, the United States of America, or any agency thereof for services (5) To study regional governmental problems, including matters affecting health, safety, welfare, education, recreation, economic conditions, regional planning and regional development (6) To promote cooperative arrangements and coordinated action among its member governments (7) To make recommendations for review and action to its member governments and other public agencies which perform functions within the region in which its member governments are located (7a) For the purpose of meeting the regional council's office space and program needs, to acquire real property by purchase, gift or otherwise to improve that property. The regional council may pledge real property as security for indebtedness used to finance acquisition of that property or for improvements to that real property, subject to approval by the Local Government Commission as required under G.S. 159-153. A regional council may not exercise the power of eminent domain. (8) Any other powers that are exercised or capable of exercise by its member governments and desirable for dealing with problems of mutual concern to the extent such powers are specifically delegated to it from time to time by resolution of the governing board of each of its member governments which are affected thereby, provided that no regional council of governments shall have the authority to construct or purchase building, or acquire title to real property, except for the purposes permitted under subdivision (7a) of this section in order to exercise the authority granted by Chapter 260 of the Session Laws of 1979."