N.C. Gen. Stat. § 47F-3-121.1

Current through Session Law 2024-58
Section 47F-3-121.1 - Displays of Armed Forces and first responder flags
(a) Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to regulate or prohibit the display of any flag of a branch of the Armed Forces of the United States of America or any first responder flag, having a size no greater than 4 feet by 6 feet, unless:
(1) For restrictions registered prior to December 1, 2023, the restriction uses the following terms to specify each branch of the Armed Forces and each of the first responders whose flag display is regulated or prohibited:
a. The United States Air Force.
b. The United States Army.
c. The United States Coast Guard.
d. The United States Marines.
e. The United States Navy.
f. The United States Space Force.
g. Police officers.
h. Corrections officers.
i. Firefighters.
j. 911 dispatchers.
k. EMS personnel.
(2) For restrictions registered on or after December 1, 2023, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of the flag of a branch of the Armed Forces of the United States or of a first responder only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE [INSERT HERE THE NAME OF EACH BRANCH OF THE ARMED FORCES AND EACH OF THE FIRST RESPONDERS WHOSE FLAG IS SUBJECT TO THE RESTRICTION]".
(b) As used in this section, "first responder flag" means any of the following flags:
(1) Police officers first responder flag. - A flag with a horizontal blue stripe centered vertically on a black background, or a United States flag with a blue stripe replacing the first white stripe below the stars.
(2) Corrections officers first responder flag. - A United States flag with a gray stripe replacing the first white stripe below the stars.
(3) Firefighters first responder flag. - A United States flag with a red stripe replacing the first white stripe below the stars.
(4) 911 dispatchers first responder flag. - A United States flag with a yellow stripe replacing the first white stripe below the stars.
(5) EMS personnel first responder flag. - A United States flag with one of the following replacing the first white stripe below the stars:
a. A white stripe obviously whiter than the other white stripes.
b. A white stripe bordered by blue at the top and bottom.
(c) This section shall apply to the display of flags by or with permission of lot owners on property owned exclusively by them or limited common elements allocated to their exclusive use, and does not apply to the display of flags on common areas, easements, rights-of-way, or other areas owned by others.

N.C. Gen. Stat. § 47F-3-121.1

Added by 2023 N.C. Sess. Laws 143,s. 8-b, eff. 12/1/2023, applicable to the display of flags occurring on or after that date.