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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2026-39
HOUSE BILL 162
*H162-v-5*
AN ACT TO RESTRICT L OCAL GOVERNMENTS FRO M REGULATING CERTAIN
ASPECTS OF OFF-STREET PARKING SPACES AND TO MODIFY THE AUTHORITY
OF CERTAIN LOCAL GOV ERNMENTS TO REQUIRE STORMWATER CONTROL
FOR REDEVELOPED PROPERTY.
The General Assembly of North Carolina enacts:
PART I. PROHIBITING CERTAIN ZONING AND D EVELOPMENT LIMITATIO NS
RELATED TO OFF-STREET PARKING
SECTION 1.(a) G.S. 160D-702 reads as rewritten:
"§ 160D-702. Grant of power.
…
(c) A zoning or other development regulation shall not do any of the following:
(1) Set a minimum square footage of any structures subject to regulation under
the North Carolina Residential Code.
(2) Require a an off-street parking space to be larger than 9 feet wide by 20 feet
long unless the parking space is designated for handicap, parallel, or diagonal
parking.
(2a) Require an off-street parking lot to meet a minimum number of parking spaces
per development or structure, regardless of occupancy or use. The limitations
of this subdivision shall not, however, apply to local governments located in
the coastal area, as those terms are defined under G.S. 113A-103, except with
respect to the following properties located in the coastal area:
a. Within t he boundaries of a National Register Historic District or a
local historic district.
b. That ar e either (i) i ndividually listed in the National Register of
Historic Places or (ii) individually designated as a local historic
landmark.
c. Individual properties on the Study List for the National Register of
Historic Places as maintained by the North Carolina State Historic
Preservation Office or a national or State historic landmark , or
properties located within a district on the Study List for the National
Register of Historic Places as maintained by the North Carolina State
Historic Preservation Office or a national or State historic landmark.
(3) Require additional fire apparatus access roads into developments of one - or
two-family dwellings that are not in compliance with the required number of
fire apparatus access roads into developments of one- or two-family dwellings
set forth in the Fire Code of the North Carolina Residential Code for One- and
Two-Family Dwellings.
(4) Establish or require pavement design standards for public roads or private
roads that are more s tringent than the minimum pavement design standards
adopted by the Department of Transportation.
Page 2 Session Law 2026-39 House Bill 162
…."
SECTION 1.(b) This section becomes effective January 1, 2027.
PART II. MODIFY THE AUTHORITY OF CERTAIN LOCAL GOVERNMENTS T O
REQUIRE STORMWATER CONTROL FOR REDEVELOPED PROPERTY
SECTION 2.(a) G.S. 143-214.7 reads as rewritten:
"§ 143-214.7. Stormwater runoff rules and programs.
…
(a1) Definitions. – The following definitions apply in this section:
(1) Built-upon area. – As defined in G.S. 143-214.7D.
(2) Development. – Any land -disturbing activity that increases the amount of
built-upon area or that otherwise decreases the infiltration of precipitation into
the subsoil. When additional development occurs at a site that has existing
development, the built -upon area of the existing development shall not be
included in the density calculations for additional stormwater control
requirements, and stormwater control requirements cannot be applied
retroactively to existing development, unless otherwise required b y federal
law.
(2)(3) Redevelopment. – Any land-disturbing activity that does not result in a net
increase in built -upon area and that provides greater or equal stormwater
control to that of the previous development.
…
(b3) Stormwater runoff rules and prog rams shall not require private property owners to
install new or increased stormwater controls for (i) preexisting development existing built-upon
area or (ii) redevelopment activities that do not remove or decrease existing stormwater controls.
When a preexisting development is redeveloped, either in whole or in part, increased stormwater
controls shall only be required for the amount of impervious surface being created that exceeds
the amount of impervious surface that existed before the redevelopment, irrespective of whether
the impervious surface that existed before the redevelopment is to be demolished or relocated
during the development activity. When development or redevelopment occurs at a site that has
existing built -upon area , (i) the existing built -upon area shall not be included in the density
calculations for additional stormwater control requirements, irrespective of whether the existing
built-upon area is to be demolished, relocated, replaced, or remains in place during development
activity, (ii) the existing built-upon area at the site is not subject to additional stormwater control
requirements under this section, regardless of whether the existing built-upon area is demolished,
relocated, replaced, or remains in place du ring the development activity , (iii) for purposes of
determining the size of the area for which stormwater control measures are required for a
development or redevelopment, built -upon area that existed before the development or
redevelopment shall be applied on a square -foot-for-square-foot basis to reduce the built -upon
area for which storm water control measures are required , and (iv ) stormwater control
requirements cannot be applied retroactively to existing built -upon area , unless otherwise
required by federal law. A property owner may elect to treat the stormwater resulting from the
net increase in built-upon area above the preexisting existing built-upon area at the development
or redevelopment for the purpose of exceeding allowable density under the applicable water
supply watershed rules as provided in G.S. 143-214.5(d3). This subsection applies to all local
governments regardless of the source of their regulatory authority. Local governments shall
include the requirements of this subsection in their stormwater ordinances.
…
(b8) A local government may offer nonmandatory incentives that waive building, zoning,
connection, or other regulations or fees; provide additional tax and financial benefits; or institute
House Bill 162 Session Law 2026-39 Page 3
other incentives for development or redevelopment that implement s additional stormwater
control measures beyond those required by this section and rules adopted thereunder.
…."
SECTION 2.(b) Each local government that implements a stormwater management
program shall amend its stormwater ordinance to conform to G.S. 143-214.7(b3), as amended by
subsection (a) of this section, within 12 months of the effective date of this section. Any local
stormwater ordinance that is inconsistent with G.S. 143-214.7(b3), as amended by subsection (a)
of this section, is void and unenforceable on and after that date. A local government may adopt,
amend, or repeal ordinance provisions implementing G.S. 143-214.7(b8) at any time after the
effective date of this section.
SECTION 2 .(c) This section is effective when it becomes law and applies to
stormwater rules and stormwater program amendments adopted on or after that date.
PART III. EFFECTIVE DATE
SECTION 3. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 1st day of July, 2026.
s/ Rachel Hunt
President of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 3:04 p.m. this 6th day of July, 2026