House bill would give ETJ residents some voting rights
By Scott Nicholson

A bill introduced in the N.C. House of Representatives could give residents of extraterritorial zoning jurisdictions (ETJ’s) the ability to vote in municipal elections.

The bill was introduced last week by Rep. Cary D. Allred (R-Alamance) and has 13 Republican co-sponsors, including Rep. Gene Wilson of Watauga. The bill is currently with the  Committee on Election Law and Campaign Finance Reform.

As proposed, House Bill 363 would give residency to those in an ETJ area for the purpose of voting for municipal representatives such as a mayor or town council members. However, residents would not be able to vote in other types of municipal elections, such as bond referendums. The board of elections would be charged with determining voter eligibility. As proposed, cities and towns would have to provide ETJ maps to the board of elections by Aug. 1 and the law would take effect on Sept. 1. Residency would be applied using the same criteria as currently determines county residency for election purposes, and eligible ETJ voters would be notified by mail.

A separate bill introduced by Allred and co-sponsored by Wilson and 12 others would allow residents of a proposed ETJ area to vote on whether to approve the extension. Currently, extensions are approved by a majority vote of the town or city council. Under the proposal, the council would have to publish legal notices of the resolution to extend ETJ jurisdiction and the city or town would have to pay for the election.

Wilson said no local people lobbied him to support the bills and he’s not sure if they will be passed. “I just thought it was the right thing to do,” he said.

Cities with populations of less than 10,000 are allowed to extend their planning jurisdiction up to one mile from the city limits, and those territories must meet that city or town’s zoning regulations. Larger cities can extend their ETJ areas up to three miles, but only with the approval of county commissioners. ETJ residents don’t have to pay municipal taxes, but the town is also not required to provide town services. In addition to town zoning, subdivision regulations also apply, and the town is responsible for building permits and inspections.

It’s difficult to determine how many local voters would be affected by the new law if it were passed. The Town of Boone has no statistics on the number of residents in its ETJ area. The town has about 4,000 acres within its town limits and about 4,700 acres under its ETJ jurisdiction. Boone’s ETJ’s extend east along Old U.S. Highway 421 and smaller areas to the west of town and south toward Blowing Rock, where a small portion protects the town’s water supply. Boone’s development services director John Spear said the ETJ was originally expanded to cover the town’s watershed areas.

Blowing Rock has 12 households in its ETJ area, though planning director Kevin Rothrock said that number could jump if the town adopts an ETJ area west of Green Hill Road to the Blue Ridge Parkway.

Boone currently has 10,855 registered voters: 3,798 Democrats; 3,634 unaffiliated; 3,341 Republicans; and 102 Libertarians. Blowing Rock has 1,310 registered voters: 590 Republicans; 433 Democrats; 282 unaffiliated; and five Libertarians.

Boone ETJ voters could have a significant impact on town elections, especially as growth issues raise concerns about water availability, multi-family development, and slope protection.

• Scott Nicholson can be contacted at nicholson@wataugademocrat.com