On May 7, 2024, the Garner Town Council adopted a resolution to pursue expansion of Garner's extraterritorial jurisdiction (ETJ). ETJ allows towns to apply and enforce their zoning and development regulations in unincorporated areas where they intend to grow. Only counties can grant ETJ expansion to towns.
Garner's request to Wake County for ETJ extension can be found here.
ETJ Process
The following describes the basic steps for a municipality to request an extension of Extraterritorial Jurisdiction (ETJ) from the county.
Initiation
The municipal town board adopts a resolution requesting the Wake County Board of Commissioners extend Extra Territorial Jurisdiction (ETJ).
Public Input
As part of the request, the municipality is required to conduct public outreach to the areas affected. This step is sometimes conducted prior to the municipal resolution.
Review
Wake County staff prepare a report analyzing the municipal request for ETJ extension based on Wake County’s ETJ Criteria. The Wake County Planning Board Land Use Committee reviews the request and analysis during one or more meetings. All meetings of the Land Use Committee are open to the public.
Planning Board Recommendation
The Land Use Committee will prepare a recommendation for the full Planning Board. At a regular meeting of the Planning Board, the board will review the committee recommendation. The meeting will include opportunity for public comment. The Planning Board will make a recommendation to the Wake County Board of Commissioners. The recommendation could be to approve all, some, or none of the area requested by the Town.
Action
The Board of Commissioners will hold a public hearing, review the recommendation by the Planning Board, and take action. Staff anticipate action on the Garner ETJ request will occur in late 2024 or early 2025.
Municipal Rezoning
If the Board of Commissioners grants the ETJ request, then the municipality notifies property owners within the affected area and begins to prepare an ETJ ordinance that recommends municipal zoning for the land within the ETJ.