§ 144-7. Display of official governmental flags; public restrictions.

336 words·~2 min read·/nc/chapter-144/144-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A county, city, consolidated city-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:

(1)In accordance with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended; and

(2)Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property.

(b)Notwithstanding subsection

(a)of this section:

(i)for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner; and

(ii)with respect to the flag of the United States of America and the flag of the State of North Carolina, however, enforcement of a restriction as to a particular property shall require evaluation of and written findings of fact to document the public health, safety, and welfare concerns justifying enforcement of the ordinance at that particular property. If a traffic-based justification is asserted concerning such flag on a particular property, a site study conducted by the Department of Transportation shall be performed to evaluate whether traffic concerns will arise with manner or placement of the display of such flag at a particular location, and such flag shall only be prohibited if the Department of Transportation determines traffic concerns would in fact arise.

(c)For purposes of this section, an "official governmental flag" shall mean any of the following:

(1)The flag of the United States of America.

(2)The flag of nations recognized by the United States of America.

(3)The flag of the State of North Carolina.

(4)The flag of any state or territory of the United States.

(5)The flag of a political subdivision of any state or territory of the United States. (2005-360, s. 1; 2025-94, s. 12(a).)