What is the legal basis for establishing setback requirements in land use law?

Setback requirements are legal restrictions that limit development or construction on a piece of land in order to maintain certain minimum distances between buildings and other structures. In North Carolina, the legal basis for establishing setback requirements is found in the North Carolina General Statutes Chapter 160A, which is the primary law governing land use and development in the state. This law requires local governments to develop and implement land use plans that protect public health, safety, and welfare. These plans must address issues such as zoning for various types of development, the designation of areas for conservation, and the establishment of building setback requirements. These setback requirements serve to protect public safety by limiting construction in high-traffic areas, providing space between neighboring buildings to prevent excessive overcrowding, and allowing firefighters to access buildings in the event of an emergency. Additionally, setback requirements are established to protect property values by ensuring that developments do not overly encroach on each other, as well as to protect view corridors, water resources, and other natural features that are important for public health, safety, and welfare. By requiring minimum distances between development, North Carolina is able to balance its economic development with the protection of its natural resources.

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