North Carolina citizens issue ordinance concerning buffer zones

North Carolina citizens propose ordinance to protect property rights, way of life

The people of North Carolina, like many across the country, are fighting an increasing amount of bureaucratic "takings" by way of buffers without compensation. In Clallam County, buffers under the newly amended Critical Areas Code can take 100 feet along seasonal creeks (that's the depth of most standard sized city lots). These buffer areas are off-limits to any kind of planting, building or any other use by humans, without prior permission from county planners.

The following was issued as a result of the Riparian Buffer Zones in McDowell County, North Carolina, submitted by a citizen's group there:See http://www.ucrla.org/ for more information.

COUNTY OF McDOWELL, STATE OF NORTH CAROLINA

CITIZEN RIGHTS ORDINANCE NO.1

AN ORDINANCE FOR THE PURPOSE OF RESTRICTING UNITED NATIONS, FEDERAL AND STATE GOVERNMENT ACTION(S) AFFECTING LAND AND NATURAL RESOURCES; RECOVERING AND PROTECTING THE BASIC RIGHT OF LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS OF THE CITIZENS OF THE COUNTY OF McDOWELL; AND -

IN ORDER to maintain harmony with the Constitution for The united States of America, AD 1787-89-91, and the Constitution for the State of North Carolina, by and through both original commercial contracts and covenants between the Sovereign "We the People", and our created Government, whereby and wherein "We the People" did not, have not and…"do not yield our sovereignty to those agencies that serve them";

and

WHEREAS, the powers of Congress are limited under Article I, Section 8 of that Constitution (for The united States of America AD 1787-89-91); limiting legislation to specific areas and purchased properties, to wit: "To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and others needful buildings"; and

WHEREAS, the following sections of Article I, of the Constitution for the State of North Carolina declare as follows:

ARTICLE I

DECLARATION OF RIGHTS

SECTION 1 - THE EQUALITY AND RIGHTS OF PERSONS

We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.

SECTION 2 - POLITICAL POWER

All political power is vested in and derived from the people: all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

SECTION 3 - INTERNAL GOVERNMENT OF THE STATE

The people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering or abolishing their Constitution and form of government whenever it may be necessary to their safety and happiness; but every such right shall be exercised in pursuance of law and consistently with the Constitution of the United States.

SECTION 5 - ALLEGIANCE TO THE UNITED STATES (Constitution)

Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.

SECTION 7 – SUSPENDING LAWS

All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised.

SECTION 18 COURT SHALL BE OPEN

All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay.

SECTION 19 LAW OF THE LAND; EQUAL PROTECTION OF THE LAWS. No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.

NOW, THEREFORE,

BE IT HEREBY ORDAINED, AND AFFIRMED, by the Board of Commissioners, for the County of McDowell:

The adoption of this Ordinance is required to maintain, secure, and to promote the public peace, general welfare, health, safety, and Rights of the citizens of the County of McDowell through preservation of their custom(s), culture(s), freedom to travel, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging, prospecting and mining for minerals, food gathering; and, affirmation of their constitutionally protected private property rights, and to protect and maintain individual Rights, and their basic pursuit to life, liberty and happiness; and
Finding no constitutional provisions giving authority to any United Nations, Federal agency, State agency, or local agency, to enforce or exercise any authority, or take any independent action(s) over these before mentioned Rights of the citizens of the County of McDowell, whatsoever, outside of the provisions not expressly delineated in the Constitution for The united States of America AD 1787-89-91, or for the State of North Carolina, or, failing to find such provisions which would enable the Board of Commissioners, County of McDowell to act without the expressed consent of the citizens of the County of McDowell; and
Since this Ordinance is necessary to protect and maintain the Rights (collectively and individually) of the citizens reserved by the Constitutions for The united States of America and for the State of North Carolina, and that it is within the authority of the Board of Commissioners, for the County of McDowell to protect and uphold such Rights; and
That it is the desire of the Board of Commissioners, for the County of McDowell, to affirm these Rights of the citizens of the County of McDowell to any United Nations, Federal and State agency(s), foreign or domestic; or any other entity; and
That a new Ordinance be added to the Code, for the County of McDowell, entitled "Citizen Rights Ordinance No.1", "Restricting United Nations, Federal and State Government Regulations" not in harmony with the Supreme Law of the Land; and
That the new Ordinance will contain the following:

CITIZEN RIGHTS ORDINANCE NO.1

RESTRICTING UNITED NATIONS, FEDERAL AND STATE GOVERNMENT REGULATIONS

Chapter 1

Article 1. Preliminary Provisions

1.1 Purpose

The purpose of this Ordinance is to affirm as law in the County of McDowell, that all United Nations, Federal and State agencies are subservient to the Citizens of the County of McDowell, and will be restricted in action(s), or proposed action(s) affecting any land and natural and developed resource use(s), in order that the citizens of the County of McDowell may preserve their custom(s), culture(s), travel freedom, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging and reforestation, prospecting and mining for minerals, food gathering, affirmation of their constitutionally protected private property rights, and the like, and as necessary, to maintain their basic pursuit of life, liberty, and happiness as they alone will determine. This Ordinance restricts United Nations, Federal and State agencies in the County of McDowell, and is Notice to those agencies that any proposed act(s), or action(s), by these agencies will (mandatory) conform to the requirements outlined in this Ordinance.

1.12 Provisions, and existing Law(s)

The provisions of this Ordinance will be in addition to any other law(s) pertaining to the County of McDowell, and will have precedence over any other existing law(s), or planning policy(s), and over any planning policies or provisions adopted pursuant to, or in conformance with the ‘North Carolina Growth Management Act of 1999’, nunc pro tunc.

1.13 Effectiveness

This Ordinance will be effective upon adoption by the Board of Commissioners, for the County of McDowell. If any provisions of this Ordinance is found invalid by the United States Supreme Court, (the side of the Court that guarantees a Republican form of Government), the remaining provisions will not be affected thereby, but will remain in full force and effect, and to the extent the provisions of this Ordinance will be severable.

1.14 Definitions

For the purpose of this Ordinance, and any regulations promulgated hereunder, the following words will be defined as follows:

"Culture" includes:

"inalienable rights, unalienable rights," the characteristic or state of a thing, property, or a Right(s) which cannot be bought or sold or transferred from one to another, such as rivers, public highways, speech, Right(s) of life and liberty established by our pioneer fathers;
"Heritage," includes every species of immovables which can be the subject of property; such as land, houses, orchards, woods, marshes, ponds, wetlands, etc., in whatsoever mode they may have been acquired; heritable Rights, obtained either by descent, purchase, and/or assignment.
Right to home school, to private school, to public school; religious freedom and the expression of religious views, conviction(s), morals, and practice (when not violating the Rights of others).
The understanding and recognition that all land ownership must be held in allodium, as was the intent of our pioneer fathers, to guarantee against the fear of its loss to government or the agencies of government, through the process of corrupt mesne encumbrances or through theft by taxation, or through regulation.

a. "Custom(s) Particular Custom(s) Local Custom(s)," or any combination thereof, will mean any usual action, practice, habit, associated with the use of public or private land, the environment, and natural or developed resource(s), adopted by the citizens of McDowell County, considered law by long usage, with respect to the location, place, or subject-matter to which the word is applied. The local custom will be usage, which will have the force of law in a particular district or at a particular place of the persons or things that it concerns. A Local custom, so far as it extends, does and will supersede the local law.

b. "United Nations, Federal or State agency(s)," or any combination thereof, will mean each department, agency, commission, entity, person, or individual, receiving authority from the executive, legislative, or judicial branch of the United States, the U.S., the UNITED STATES, The United States of America, THE UNITED STATES OF AMERICA, or the State of North Carolina, THE STATE OF NORTH CAROLINA, North Carolina State, NORTH CAROLINA STATE, North Carolina, NORTH CAROLINA, N.C., The United Nations, U.N., UNITED NATIONS, (or any combination thereof), including without limitation independent regulatory agencies, public or private corporation(s), foreign or domestic corporation(s) or agencies, together with each officer, official, agent or employee or subcontractor thereof in the performance of their duties.

c. "Natural Resource(s) or Developed Resource(s) use(s)," or any combination thereof, will mean any material, or the use of any material in its native or developed state, which when extracted has economic value; including timberland, farmland, oil and gas wells, ore deposits, and other natural products that have economic value; lakes, rivers, streams, the use of lakes rivers streams, submerged lands, semi submerged lands (wetlands); including fish, fishing, wildlife, hunting, air, along with but not limited to, any and all features which supply a need and/or contribution to the life, health, welfare, benefit, travel, freedom, and enjoyment of the citizens of the County of McDowell; and, also the elements which are essential to the diverse use and enjoyment of land(s) property(s), water(s) and air, devoted to parks for their recreation purposes.

d. "Proposal(s), proposed act(s) or action(s)," or any combination thereof, when used with respect to any United Nations, Federal, State, or local agency(s), will have the broadest possible meaning in the context, of the attempt to exercise any authority over the citizens of the County of McDowell, and will include, without limitation, any action(s), proposal(s), policy(s), regulation(s), rule(s), consideration(s), finding(s), study(s), or gathering or review of data, and the like, that may in any way be construed to affect the Rights and/or the liberties of the citizens of the County of McDowell.

e. "Private Property," will mean all property protected by the fourth, fifth, ninth, and tenth Amendments to the Constitution for The united States of America AD 1787-89-91.

Article 2. General Provisions

1.2 General Provisions

Before any proposal(s), action(s), or proposed action(s) by any United Nations, Federal, State or local agency affecting land and/or natural or developed resource use in the County of McDowell is entertained, such agency will first submit to the Board of Commissioners for the County of McDowell, in detail, the constitutional provision(s), and the specific constitution(s), under which such proposal is authorized; and

If the proposed action(s) has clear constitutional authorization, as confirmed by the Board of Commissioners, for the County of McDowell, and/or their lawful and legal adviser(s), such agency will provide a written report to the County of McDowell, which will (in sufficient detail, acceptable to the Board of Commissioners) consider all effects such proposed action(s) may have, on community stability, maintenance of custom(s), culture(s), travel freedom, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging and reforestation, prospecting and mining for minerals, food gathering, affirmation of their constitutionally protected private property Rights, and the like, as necessary, to maintain their basic pursuit of life, liberty, and happiness as they alone will determine, and any other constitutionally protected Rights, or loss of such Rights; and
Submit a list and description of alternatives in light of possible conflicts with this Ordinance, existing laws, policies, and plans of the County of McDowell; consider all possibilities for reconciling the proposed action(s) with existing County laws, policies, and plans, and take all measures necessary to resolve such conflict and display the results of such consideration in appropriate documentation to the County of McDowell; and
If such proposed action(s) is/are determined by the Board of Commissioners for the County of McDowell, to be consistent with, and conforms to the intent and purpose of this Ordinance, such proposal will be published, and submitted to the citizens of the County of McDowell for review and for comment, in accordance with, and in conformity with current regulations and law of the County of McDowell; and
Shall be submitted to the citizens of the County of McDowell for voter approval or disapproval at the next scheduled general election, when possible. The vote of the citizens of the County of McDowell will be final and no such similar proposal or action(s) will be submitted to the citizens of the County of McDowell for five years from the date of the vote on the proposal(s) or proposed action(s).

Article 3. Documents and Costs

1.3 Documents and Costs:

All costs for the presentation and/or documentation of any proposed action(s), action(s) by any United Nations, Federal or State agency will be paid for by the respective agency, and all incidental expenses incurred by the County of McDowell for such proposal and to put such proposal before the citizens for comment and voter approval or disapproval, will be reimbursed to the County of McDowell by the agency submitting the proposal. Prior to entertaining any proposed action(s) by United Nations, Federal or State agencies, an Escrow Account will be established by the proposing agency within the County of McDowell, containing the funds in an amount estimated by the Board of Commissioners for the County of McDowell, to approximate the projected costs of submitting the proposal to the citizens; should that effort be successful, the cost of placing such proposal before the citizens of the County of McDowell, for a Tally of their vote(s).

Article 4. Enforcement

1.4 Enforcement:

The Board of Commissioners, for the County of McDowell, will have the authority under their constitutional and local police power(s), to instruct the Prosecuting Attorney to bring any action(s), or to enforce this Ordinance in any court of competent jurisdiction and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief, and monetary compensation when the County tax base or the general welfare or health, safety, liberty, or constitutional Rights or liberty of the citizens of the County of McDowell is at issue.

1.4.1 Nothing in this Ordinance will be construed to limit any remedy that anyone may have under the laws of the State of North Carolina or of The united States of America. Every entity, who under color of any law, statute, ordinance, regulation, custom(s) culture(s) or usage, of The united States of America or of the State of North Carolina, subjects, or causes to be subjected, anyone within the County of McDowell to the deprivation of any Rights secured by this Ordinance, will be liable to the one injured in an action(s) at law, suit in equity or other proper proceeding for redress of grievances.

1.4.2 Anyone alleging a violation of Rights protected by the Constitution for The united States of America, or the Constitution for the State of North Carolina, or under this Ordinance, may submit a written complaint to the Grand Jury of the County of McDowell for action, or (when not available) the Prosecuting Attorney of the County of McDowell, who will determine whether any criminal action(s) may be brought.

1.4.3 Anyone, or any agency who under color of law, statute, ordinance, regulation, custom(s), culture(s), or usage, for The united States of America or for the State of North Carolina, subjects, or causes to be subjected any citizen within the County of McDowell to the deprivation of any Rights secured by this Ordinance will be guilty of a misdemeanor punishable by not less than 30 days in jail, a fine of not less than $1,000.00, or both, as determined by a Jury.

1.4.4 The Board of Commissioners for the County of McDowell will have the authority to require manual labor as a substitute for the punishment of time in jail.

DATED this _______________day of the month of ______________ AD, 2001

Board of County Commissioners,

McDowell County, North Carolina

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Chairman

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Commissioner

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Commissioner

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Commissioner

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Commissioner

ATTEST

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Clerk of the Board

A letter to the public concerning the Buffer Zone War - Leonard Hensley