N.C. Gen. Stat. » Chapter 153A
NC General Statutes

N.C. Gen. Stat. § 153A-121 (2026)

General ordinance-making power

✓ current as of July 2026
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(a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances.

(b) This section does not authorize a county to regulate or control vehicular or pedestrian traffic on a street or highway under the control of the Board of Transportation, nor to regulate or control any right-of-way or right-of-passage belonging to a public utility, electric or telephone membership corporation, or public agency of the State. In addition, no county ordinance may regulate or control a highway right-of-way in a manner inconsistent with State law or an ordinance of the Board of Transportation.

(c) This section does not impair the authority of local boards of health to adopt rules and regulations to protect and promote public health. (1963, c. 1060, ss. 1, 1 1/2; 1965, cc. 388, 567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1-3; 1973, c. 507, s. 5; c. 822, s. 1.)

 

Notes of Decisions
Cited in 27 cases, 1987–2014 · leading case: PNE AOA Media, L.L.C. v. Jackson Cnty., 554 S.E.2d 657 (N.C. Ct. App. 2001).
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PNE AOA Media, L.L.C. v. Jackson Cnty., 554 S.E.2d 657 (N.C. Ct. App. 2001). · cites it 17× “We therefore conclude that Jackson County’s sixty-day moratorium and subsequent ordinance were passed pursuant to the general police powers of N.C. Gen. Stat. § 153A-121, and as such, no notice or public hearing was required.”
Williams v. Blue Cross Blue Shield of NC, 581 S.E.2d 415 (N.C. 2003). · cites it 5× “They cite section 153A-121(a), which gives a county the power to enact ordinances that “define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county,” N.C.G.S. §…”
Sandy Mush Props., Inc. v. Rutherford Cnty. Ex Rel. Rutherford Cnty. Bd. of Commissioners, 595 S.E.2d 233 (N.C. Ct. App. 2004). · cites it 17× “, and two, pursuant to their police powers, N.C. Gen. Stat. § 153A-121 . . . .” Defendants contend this case is distinguishable from Vulcan because the County did not have a comprehensive zoning plan.”
Transylvania Cnty. v. Moody, 565 S.E.2d 720 (N.C. Ct. App. 2002). · cites it 38× “The ordinance in question was enacted on 23 September 1991 by the Transylvania County Board of Commissioners pursuant to the *391 general ordinance-making authority conferred upon it by N.C. Gen. Stat. § 153A-121. 1 The stated purpose of the ordinance is to: (1) Guide and…”
Lanvale Props., LLC v. Cnty. of Cabarrus, 731 S.E.2d 800 (N.C. 2012). · cites it 4× “Section 153A-124 drives home the same point: The enumeration in this Article or other portions of this Chapter of specific powers to define, regulate, prohibit, or abate acts, omissions, or conditions is not exclusive, nor is it a limit on the general authority to adopt…”
Onslow Cnty. v. Moore, 499 S.E.2d 780 (N.C. Ct. App. 1998). · cites it 10× “§ 153A-341 (1991) and two, pursuant to their police powers, N.C. Gen. Stat. § 153A-121 (1991).” Maynor, 127 N.”
Maynor v. Onslow Cnty., 488 S.E.2d 289 (N.C. Ct. App. 1997). · cites it 12× “§ 153A-341 (1991) and two, pursuant to their police powers, N.C. Gen. Stat. § 153A-121 (1991). In the present case, there is no evidence in the record that Onslow County has a comprehensive zoning plan.”
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). · cites it 6× “That statute provides in part: (a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens.”
Durham Land Owners Ass'n v. Cnty. of Durham, 630 S.E.2d 200 (N.C. Ct. App. 2006). · cites it 6× “The County argues that several other statutes provide enabling legislation for the school impact fees including N.C. Gen. Stat. §§ 153A-121 and 153A-340.”
Tri-Cnty. Paving, Inc. v. Ashe Cnty. Ashe Cnty. Bd. of Commissioners, 281 F.3d 430 (4th Cir. 2002). · cites it 2× “Because it does not have a comprehensive zoning ordinance, the County enacted both the moratorium and the PIDO pursuant to its general police power under N.C. Gen. Stat. § 153A-121, which allows a county to pass ordinances to protect the health, safety, or welfare of its…”
Summey Outdoor Advert., Inc. v. Cnty. of Henderson, 386 S.E.2d 439 (N.C. Ct. App. 1989). · cites it 8× “153A-340, it may not regulate signs in a similar manner under the general police powers in G.S. 153A-121 (allowing regulation of “conditions detrimental to the health, safety or welfare of its citizens and the peace and dignity of the county .”
Derwort v. Polk Cnty., 501 S.E.2d 379 (N.C. Ct. App. 1998). · cites it 5× “The submission was tendered in accordance with subdivision regulation provisions of the Polk County Code (the Code), which the County had enacted pursuant to N.C.G.S. § 153A-121 et seq. (1991). The Board certified the Phase II plat on 10 November 1988, and on 21 November 1988…”
Show all 27 citing cases →
— N.C. Gen. Stat. § 153A-121(a) — 17 cases
Williams v. Blue Cross Blue Shield of NC, 581 S.E.2d 415 (N.C. 2003). “They cite section 153A-121(a), which gives a county the power to enact ordinances that “define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county,” N.C.G.S. §…”
Lanvale Props., LLC v. Cnty. of Cabarrus, 731 S.E.2d 800 (N.C. 2012). “Section 153A-124 drives home the same point: The enumeration in this Article or other portions of this Chapter of specific powers to define, regulate, prohibit, or abate acts, omissions, or conditions is not exclusive, nor is it a limit on the general authority to adopt…”
PNE AOA Media, L.L.C. v. Jackson Cnty., 554 S.E.2d 657 (N.C. Ct. App. 2001). “We therefore conclude that Jackson County’s sixty-day moratorium and subsequent ordinance were passed pursuant to the general police powers of N.C. Gen. Stat. § 153A-121, and as such, no notice or public hearing was required.”
Craig v. Cnty. of Chatham, 565 S.E.2d 172 (N.C. 2002). “That statute provides in part: (a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens.”
Transylvania Cnty. v. Moody, 565 S.E.2d 720 (N.C. Ct. App. 2002). “The ordinance in question was enacted on 23 September 1991 by the Transylvania County Board of Commissioners pursuant to the *391 general ordinance-making authority conferred upon it by N.C. Gen. Stat. § 153A-121. 1 The stated purpose of the ordinance is to: (1) Guide and…”
— N.C. Gen. Stat. § 153A-121(b) — 1 case
PBK Holdings, LLC v. Cnty. of Rockingham, 756 S.E.2d 821 (N.C. Ct. App. 2014).
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