Annexation

Annexation is the process by which a city adds land to its jurisdiction. Land may be developed or undeveloped. Most persons requesting annexation do so in order to obtain utility service through the Public Works Commission. City Council policy, interpreted in light of the PWC Charter Revision legislation, requires property within the City’s Municipal Influence Area (MIA) to be annexed in order to receive PWC sewer service or to expand existing service.

Annexation Phase V - Project Updates (PWC)

After an area is annexed, the annexing city then extends its services, laws, and voting privileges to meet the needs of the residents living in the annexed area. The city also extends its services to nonresidential properties located in the annexed area, such as commercial establishments, industries, and institutions.

The North Carolina General Assembly has made three methods of annexation available to cities in North Carolina: the annexation by petition method, the city-initiated method, and the city-owned property method. The General Assembly also occasionally adopts legislation that annexes an area into a city. These four methods are discussed below.


Annexation by Petition Method

North Carolina law allows a property owner to submit a petition to a city, requesting annexation. Two kinds of areas can be annexed: a contiguous area and a satellite (non-contiguous) area. Petition annexations tend to be small in size. In 2011, the North Carolina General Assembly added several new petition options, dealing with low-income areas. As of July 2015, the City of Fayetteville has not received any requests to use these new petition options.

An important factor affecting petition annexations in Fayetteville is City Council’s Policy 150.2. The current version of this policy (revised as of February 13, 2012) and interpreted in light of the PWC Charter Revision legislation, means that a property within the City’s Municipal Influence Area (MIA) must be annexed into the City before sewer service will be provided or expanded to the property. Many property owners in the City’s MIA comply with this policy by submitting an annexation petition.

View a Map of the current City Limits and the City's Municipal Influence Area (MIA)(PDF, 10MB) .


City-Initiated Method

In North Carolina, a city can choose to annex – or bring into the city limits – a nearby area without a request from the property owners. To do this, the area must be adjacent to the city (at least one-eighth of its border must touch the city), it must already be developed as a town or neighborhood, and the city must create a plan outlining how it will provide services such as water, sewer, and trash pickup.

This process, known as a city-initiated annexation, typically involves larger areas and has been permitted for most North Carolina cities since 1959. However, Fayetteville wasn’t allowed to use this method until 1983, when state law was updated. Fayetteville began using it in 1984 and last utilized it in 2003, when it adopted nine annexation ordinances for what is known as the Phase 5 annexation. These areas officially became part of the city on September 30, 2005. A current schedule is still in place for providing water and sewer services to these areas through the PWC (Public Works Commission).

In 2011, the North Carolina General Assembly added new rules that made this type of annexation more difficult. Since then, Fayetteville has not used the city-initiated annexation method.

In most cases, properties within Fayetteville’s Municipal Influence Area (MIA) must be officially annexed by the city before they can connect to or expand sewer service. This rule no longer applies to water connections. So, while sewer service still requires annexation (unless the City Council makes an exception), water service does not.

Also, any property connecting to PWC water or sewer service must follow the City of Fayetteville’s development rules that are in place at the time the service is requested.

There’s an important exception: if you’re a single-family homeowner asking to connect to an existing water or sewer line, and your property does not touch the city limits, you don’t have to be annexed to get service.

 

Annexation by the North Carolina General Assembly

The North Carolina General Assembly occasionally annexes areas into cities. Here are two examples regarding Fayetteville:

  • In 1969, the General Assembly annexed the City’s airport property into the City.
  • In 2008, the General Assembly annexed part of Fort Bragg into the City.