ANNEXATION AGREEMENTS

 
   

What Is It?

An annexation agreement is an interlocal agreement between one or more local governments that delineates future growth boundaries by determining where the localities may annex. North Carolina law permits municipalities to annex virtually at will provided certain conditions are met, and jurisdictions sometimes are tempted to annex to get desirable areas before their neighboring governments do. Annexation agreements are a tool that remove or reduce this pressure.

Annexation procedures in South Carolina differ markedly from those in North Carolina. Because municipalities in South Carolina must rely on a petition from the property owner or an election to annex territories, the process is much more difficult. South Carolina law does not provide for annexation agreements among municipalities. State legislation does allow for a municipality to secure extraterritorial powers for land use controls under an agreement with the county. Because of these differences in law, this toolbox item applies only to North Carolina locales.

Shared Impact and Benefits

  • While annexation agreements do not in themselves promote infill, improve air quality or preserve open space, the agreements allow for better planning and more efficient utilization of infrastructure.

    •
  • Annexation agreements eliminate land battles and potential legal conflict between neighboring jurisdictions.

    •
  • Knowing where a community may and will grow is a cornerstone of smart growth and may help to head off unintentional sprawl.

    •
  • Communities can work together to determine where they will grow and discuss what kind of buffering needs to be in place to provide a sense of separation between the communities.

    •

Costs

If the municipality has a planning staff and someone available for mapping proposed boundaries, there should be no extra cost except the staff time involved. If the municipality hires a consultant, there will be an additional fee.

   
 

This Action Item can be implemented as a

POLICY
ORDINANCE
PROGRAM

 

How long does this take to implement?

The time required for development of annexation agreements will depend on the municipalities involved. Smaller municipalities with fewer annexation possibilities will take less time to work out the agreement areas. When the areas are agreed upon, the communities will hold public hearings on an annexation ordinance. Once the ordinance is adopted, the agreement becomes effective immediately.

   

  • By working together, communities can determine where they will grow in the future and be better able to plan for that growth.
  • Annexation agreements eliminates property owners' doubts about where they will be annexed.