Rockingham towns get go-ahead on ETJ expansion

By Heather Smith

Published: April 24, 2008

Reidsville, Eden and Madison have been given the nod from the Rockingham County Board of Commissioners to begin plans on expanding each municipality’s extraterritorial jurisdiction.
Commissioners voted to allow Reidsville to begin the expansion process in two areas. The smaller proposed area is on either side of N.C. 87 near Holiday Loop Road. The area is expected to grow when the proposed equestrian center opens.
The largest is the area between Freeway Drive and Lake Reidsville. The city chose that area, Community Development Director Michael Pearce said, because it wanted greater control of the watershed feeding into the city’s water supply.
“We got a great interest that it’s not developed in a way that would endanger our water resource,” Pearce said. “Extending out ETJ to that area would ensure it’s growing in a way that’s not a threat to water quality.”
Tom Wiggins, Rockingham County planning director, said each town has its reasons for extending the ETJ, but state law about territory rights — N.C. Statute 16a-360 — is universally applicable. How far the boundary can be extended depends on a city’s population.
“If population is 10,000 or under, the ETJ can extend one mile,” Wiggins said. “From 10,000 to 25,000, the city can extend two miles. Population over 25,000 means the border can be extended three miles and it can go farther than that, but it has to go before state legislation.”
A city must advertise in newspapers and mail announcements to every resident in the proposed area, informing each household the city plans a public hearing a month in advance. City officials will explain in the
hearing reasons for the proposed expansion, what codes it expects people to abide by, if addresses would change or anything else residents need to know. Ultimately, the final decision lies with the commissioners, who will approve the expansion if they agree the expansion will benefit growth in the area.
After approval, cities can enforce certain codes, such as minimum housing standards to make sure homes are safe, flood-damage codes, subdivisions, building codes or, in Reidsville’s case, watershed protection.
“It allows towns and cities to be proactive in planning for development,” Wiggins said.
Wiggins said one thing an ETJ does not give the city power to do is levy taxes.
“You’re not paying city taxes, you’re following city code but paying county taxes like you normally would,” Wiggins said.
Typically, residents within an ETJ are allowed representatives on certain city boards.
Eden Planning and Zoning Director Kelly Stultz said Eden’s proposed ETJ covers areas that have gotten progressively denser since the ETJ was established.
“Eden got its first ETJ back in 1979, and it’s not changed the boundary since then,” Stultz said.
Residents of the proposed area will have few changes if the expansion is approved. Stultz said homes and businesses must follow Eden’s city code for safety and appearance. Eden will levy no new taxes, and expansion will not guarantee the area will be annexed.
“We’ve not even annexed our current ETJ,” Stultz said. “If you look at the proposed area, it’s not even a full mile from the city limits in some places.”
For three cities to request ETJ expansions at the same time is unusual, Wiggins said, but this instance has a good reason. In 2006, he said, the Rockingham County Land Use Plan identified areas it predicted would develop significantly in the future. Cities that had not adjusted their ETJ in years decided to be proactive and plan now instead of manage later.
Amy Roberts, Madison Planning and Zoning director, said the expansion request anticipates moderate to high-density development along U.S. 220 in the next 20 years.
“We do not have a date set for the public hearings yet,” Roberts said, adding a date should be set by the end of May.
Staff writer Heather J. Smith can be reached at or 623-2155, Ext. 15.