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REVISED Tobacco and E-Cigarette Proposed Rule

On August 18, 2020, the New Hanover County Health and Human Services Board will consider a rule that would prohibit the use of tobacco and electronic nicotine delivery systems (e-cigarettes) in county, town and city-owned buildings, vehicles and grounds, as well as in public places in New Hanover County, like restaurants, bars, entertainment venues and public sidewalks. This is a revised version of the rule adopted last December. Revisions include an exception to the rule in group therapeutic rehabilitation settings and an expansion further prohibiting tobacco and e-cigarette use on private sidewalks that are accessible to the public.

Review the revised proposed rule here.

The public is invited to review this proposed rule and provide comments and feedback by noon on Friday, August 14. The Health and Human Services Board will review the drafted rule and comments at the August 18 meeting before voting.

Submit comments on the proposed rule here. 

If adopted by the Health and Human Services Board, the rule would then go before the New Hanover County Board of Commissioners at a meeting in the near future. The table below describes where people would and would not be able to smoke/vape should the proposed rule ultimately be approved by the New Hanover County Board of Commissioners.

Place people WOULD be able to smoke/vape

Places people would NOT be able to smoke/vape
  • Personal residence
  • Personal vehicle
  • Designated areas of unenclosed sections in restaurants and bars.
  • Privately owned unenclosed areas (business parking lot, business patio, etc.)
  • Smoking/E-cigarette shop
  • Cigar bar
  • Designated smoking/vaping guest room in a lodging establishment
  • Private club
  • Movie, TV, theater or other live production set, only for the actor portraying smoking/vaping
  • A public area at such time group therapeutic rehabilitation is being conducted
  • County, Town and City buildings
  • County, Town and City vehicles
  • Any County, Town and City streets and grounds, except where expressly permitted
  • County, Town and City parks, playgrounds, athletic field and trails except where expressly permitted
  • Bus stops on County, Town or City grounds
  • Public sidewalks owned by the County, Town or City
  • Private sidewalks accessible and open to the general public
  • Public Transportation
  • Child Care Facilities
  • Shopping Malls & Retail Stores
  • Elevators
  • Polling Places
  • Public Restrooms
  • Restaurants and Bars (except where expressly permitted in unenclosed areas)
  • Galleries, Libraries and Museums
  • Theaters, Entertainment and Sports Arenas
  • Gaming facilities including Internet Sweepstakes
  • Lobbies, hallways and common areas in multi-unit residential facilities (apartment buildings, retirement facilities, nursing homes, etc.)
  • Offices and commercial establishments where the public is invited or permitted.

*This rule would not apply to any property owned, leased or maintained by the State of North Carolina

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Application Costs*

*Fees are subject to change. Listings are a general representation of application costs. As each project is different, please call (910) 798-6667 for the most accurate cost assessment and a complete list of applications.

Health: 1650 Greenfield Street • Wilmington, NC 28401 • Phone 910-798-3500 • Fax 910-798-7834 • Human Services Fax 910-798-7824
Environmental Health: 230 Government Center Drive, Suite 140 • Wilmington, NC 28403 • Phone 910-798-6667 • Fax 910-798-7815