Local Government Law Bulletin #145

When North Carolina counties and municipalities impose prohibitions or restrictions during locally declared states of emergency, they have to follow rules governing publication of prohibitions and restriction and the publication of notice that they are being terminated. These publication and termination-notice rules seem straightforward at first glance, but small pieces of the laws provide glimpses of a more complex reality. There is considerable gray area and potential for confusion regarding what it takes to adequately publish prohibitions, restrictions, and termination notice.

This bulletin explicates these legal complexities in three stages. Part I gives a high-level overview of the relevant law. Part II examines the nuances of the law’s terminology and the questions that arise from some of the ambiguities that have yet to be resolved. Part III explores advanced issues that arise when local governments “share” emergency areas, allowing prohibitions and restrictions to cover multiple jurisdictions.