COVID-19 | Local Orders in NC

COVID-19 | Local Orders in North Carolina

Updated April 28, 2020

Governor Roy Cooper of North Carolina issued a stay-at-home order March 27, 2020.  The order becomes effective at 5 p.m. March 30 and runs for 30 days.   The order specifically allows local governments to adopt greater restrictions than those contained in this order.  Therefore, a business or individual will need to be aware of any local restrictions. For more information on North Carolina Executive Orders issued in response to COVID-19, click here.

Numerous local governments have begun issuing their own local orders.  The orders all differ on some specific issues, but the orders have all included provisions on the items listed below.  It is important to look at the language of any specific order, because there may be significant differences as to what is allowed from one jurisdiction to the next.

Most of the orders have some common features.  These are not included in all order and there are some significant differences – but some common themes have emerged.  Common components of the orders include:

  • All the orders require residents to stay-at-home unless engaging in certain activities.  The permitted activities vary somewhat, but generally fall into the following groups.
    • To engage in activities necessary for the health and safety of the individual and the individual’s household or family (including pets).  Examples of these activities include receiving medical treatment or obtaining medical supplies (like refilling a prescription).
    • To obtain necessary supplies and services.  This includes things like trips to the grocery store, trips to the office supply store to enable one to work from home, and trips to hardware stores to obtain supplies to maintain the function and safety of the home.
    • To engage in outdoor activity like walking, running, hiking, or biking.  Even in these cases, social distancing must be maintained.  In addition, most of the orders have specifically ordered that playgrounds be closed due to the likelihood of transmission from multiple people touching the same equipment.
    • To perform work at specific types of essential businesses.
    • To care for a family member, friend, or pet in another household.
    • To obtain essential government services.
  • All non-essential businesses are required to close.  Generally, the orders specifically order places of amusement (i.e. movie theaters, museums, bingo parlors, arcades, etc.) to close.  Many of these businesses were already required to close by a statewide order that stopped short of being a stay-at-home order.
  • Gatherings above a certain size are banned.  The orders differ as to the size limitation.  Most of the orders ban mass gatherings of more than 10 people.  Some of the orders ban a gathering of any size outside of the members of a single household.
  • Essential government functions may continue.  These generally include the work of the Register of Deeds and the Department of Social Services, for example.
  • Long term care facilities are required to restrict visitation.  In some cases, visitation is restricted within certain limits whereas in other cases all visitation is prohibited outside of specific circumstances, such as end-of-life visitation.
  • Certain businesses (essential businesses) are allowed to maintain operations but must practice social distancing to the extent possible.  The types of businesses that may remain open vary from one order to the next.  In addition, some of the orders place limitations on businesses that remain open, such as allowing them to remain open only to perform certain activities.  Some of the orders specifically reference guidance developed by the federal government, whereas others do not.  Generally, the orders allow the following businesses to remain open to some extent:
    • Healthcare operations
    • Businesses that produce, distribute, or sell food, medicine, or other essential goods.
    • Charitable organizations providing essential services to economically disadvantaged or other needy people.
    • Media such as newspapers and radio and television broadcasters
    • Gas stations and other transportation support businesses, such as auto-part stores and auto-repair.
    • Financial institutions like banks.  Sometimes these operations are limited to services that cannot be provided remotely.
    • Hardware and supply stores.
    • Critical trades, such as plumbers, electricians, HVAC technicians, and security.
    • Mail, shipping, and delivery services.
    • Educational institutions, but only for purposes of facilitating distance learning or performing essential functions.  Some of the orders also allow these institutions to remain open for critical research.  In some of those orders, critical research is limited to critical research related to Covid-19.
    • Laundry services.
    • Restaurants, but for off-premises consumption only (i.e. take-out and delivery).
    • Businesses that produce, distribute, or sell supplies that facilitate working from home.
    • Business that sell, produce, or distribute products and services that enable other essential businesses to operate.
    • Transportation services like airlines, taxis, and mobile ride-hailing companies.
    • Home-based care services.
    • Residential facilities and shelters.
    • Certain professional services.  Sometimes these are limited to services that are legally mandated or that cannot be performed remotely.
    • Childcare services, often with limitations.
    • Hotels and motels.
    • Funeral services.
    • Some orders specifically incorporate activities listed in the March 19, 2020, U.S. Department of Homeland Security, Cybersecurity Infrastructure & Security Agency (CISA), Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.
  • Most orders allow businesses to maintain minimal operations.  These are often defined as:
    • Minimum activity needed to maintain value of business inventory, ensure security, process payroll and benefits, or for related functions.
    • Minimum activity to perform any function permitted by the order.
    • Minimum activity needed to facilitate employees working from home.
  • All the orders clearly allow teleworking.
  • All the orders require people to maintain social distancing to the extent possible.

Below are links to the orders issued by local governments in North Carolina.  We are striving to maintain the list on a real-time basis.  Given the rapidly changing environment, you should check to see if an order has been repealed or supplemented by a subsequent order before relying upon it.  In addition, more local governments are issuing orders, therefore the absence of a particular jurisdiction in this list does not necessarily mean that it does not have an order is in place.  Many governments have declared states of emergency that may affect certain activities but have not yet issued a stay-at-home order.  Those resolutions or proclamations are not included here.

County Orders

  • Buncombe County (Order Text)
    • Effective 8 p.m. March 26, 2020 through 6 a.m. April 9, 2020.
    • The Buncombe County order contains some unique features not seen in other orders.
      • The order prohibits all elective medical, surgical, and dental procedures anywhere within the County.
      • The order states that all individuals travelling to the County from areas experiencing community transmission of Covid-19 (specifically mentioning New York State, Washington State, and California) must self-quarantine for a period of at least 14 days.
      • The order specifically states that manufacturers who retool operations to produce ventilators, personal protective equipment, or other medical products (like hand sanitizer) will be considered essential businesses.
      • The order specifically waives delivery hour restrictions on transportation to or from any entity involved in the sale or distribution of food, medicine, or other medical products.
      • Lodging facilities like motels and hotels are not allowed to operate except to provide lodging for essential workers, homeless individuals, or for isolation or quarantine purposes.
    • Cabarrus County (Order Text)
      • Effective 5 p.m. March 26, 2020 through April 16, 2020.
    • Dare County (Order Text)
      • Specifically incorporates Executive Order # 121.
      • Prohibits the entry of visitors and non-residents.
    • Durham County (Order Text)
      • Effective from 5 p.m. March 29, 2020 through April 30, 2020.
      • The county order also applies within the City of Durham, which has a separate order.
    • Forsyth County (Order Text)
      • Effective 5 p.m. March 27, 2020 through 12:01 a.m. April 16, 2020.
    • Gaston County (Order Text)
      • Effective from 5 p.m. March 27, 2020 through April 16, 2020.
    • Graham County (Order Text)
      • There are a serious of orders in Graham County that have different effective dates
      • Includes a curfew from 10 p.m. to 6 a.m. for all non-work-related travel
      • Includes a requirement that non-residents may enter the County only if they have applied for and received a permit.
        • Permits are limited to non-resident property owners and non-residents who are employed in Graham County or are a vendor in Graham County.
        • The issuance of new permits was suspended for 14 days beginning on March 30, 2020.
        • Non-resident permit holders who leave the county for any reason are required to apply for a new permit.
      • Any person entering Graham County from another state or country must self-quarantine for a period of 14 days along with all members of their household.
    • Guilford County (Order Text)
      • Effective from 5 p.m. March 27, 2020 through April 16, 2020.
    • Haywood County (Order Text)
      • Effective 5 p.m. March 26 through April 16 2020.
      • Lodging facilities like motels and hotels are not allowed to operate except to provide lodging for essential workers, homeless individuals, or for isolation or quarantine purposes.
      • Visitors and non-resident property owners that are staying overnight must notify the County of their most recent place of travel, length of stay and purpose for travel.
    • Henderson County (Order Text)
      • Effective noon March 28, 2020.
    • Hyde County (Order Text)
      • Effective 5 p.m. Monday 30, 2020.  (No end date specified.)
      • Specifically incorporates Executive Order #121.
      • Prohibits entry to Ocracoke excepts by residents and by non-resident property owners except those possessing a building permit to perform critical repairs.
      • Prohibits visitors to Mainland Hyde County except for residents of Beaufort, Dare, Tyrell, and Washington Counties.
    • Mecklenburg County (Order Text)
    • New Hanover County (Order Text)
      • Effective from 5 p.m. March 30, 2020 until 5 p.m. April 13, 2020
      • Specifically incorporates Executive Order #121.
      • Places additional restrictions on retail facilities.
      • Specifically closes auto dealerships and boat dealerships.
      • Specifically closes hotels and motel except as allowed by a government request to assist with an emergency response.
    • Orange County (Order Text)
      • Effective 6 p.m. March 27, 2020 through 5 p.m. April 30, 2020.
    • Pitt County (Order Text)
      • Effective 5 p.m. March 25, 2020 through April 8, 2020.
    • Rutherford County (Order Text)
      • Effective from 6 a.m. March 28, 2020 through 6 a.m. April 17, 2020.
    • Wake County (Order Text)
      • Effective 5 p.m. March 27, 2020 through April 16, 2020.

City Orders

  • Town of Beaufort (Order Text)
    • Effective from 6 a.m. March 25, 2020 through 5:59 a.m. April 22, 2020.
  • Village of Clemmons (Order Text)
    • Effective 5 p.m. March 27, 2020 through 5 p.m. April 16, 2020.
  • City of Durham (Order Text)
    • Effective 6 p.m. March 25, 2020 through April 30, 2020.
  • City of Fayetteville (Order Text)
    • Effective April 1, 2020.  (No end date specified.)
  • City of Winston-Salem (Order Text)
    • Effective 5 p.m. March 27, 2020 through 12:01 a.m. April 16, 2020.