Parking Lot Reform/Stormwater Control.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 5
HOUSE BILL 369
Committee Substitute Favorable 5/6/25
Committee Substitute #2 Favorable 6/10/25
Senate State and Local Government Committee Substitute Adopted 5/19/26
Senate Agriculture, Energy, and Environment Committee Substitute Adopted 6/10/26

Short Title: Parking Lot Reform/Stormwater Control. (Public)
Sponsors:
Referred to:
March 12, 2025
*H369-v-5*
A BILL TO BE ENTITLED 1
AN ACT TO RESTRICT L OCAL GOVERNMENTS FRO M REGULATING CERTAIN 2
ASPECTS OF OFF-STREET PARKING SPACES AND TO MODIFY THE AUTHORITY 3
OF CERTAIN LOCAL GOV ERNMENTS TO REQUIRE STORMWATER CONTROL 4
FOR REDEVELOPED PROPERTY. 5
The General Assembly of North Carolina enacts: 6
7
PART I. PROHIBITING CERTAIN ZONING AND D EVELOPMENT LIMITATIO NS 8
RELATED TO OFF-STREET PARKING 9
SECTION 1.(a) G.S. 160D-702 reads as rewritten: 10
"§ 160D-702. Grant of power. 11
… 12
(c) A zoning or other development regulation shall not do any of the following: 13
(1) Set a minimum square footage of any structures subject to regulation under 14
the North Carolina Residential Code. 15
(2) Require a an off-street parking space to be larger than 9 feet wide by 20 feet 16
long unless the parking space is designated for handicap, parallel, or diagonal 17
parking. 18
(2a) Require an off-street parking lot to meet a minimum number of parking spaces 19
per development or structure, regardless of occupancy or use. The limitations 20
of this subdivision shall not, however, apply to any of the following: 21
a. Properties located within the boundaries of a National Register 22
Historic District or a local historic district; and shall not apply to 23
properties that are either (i) individually listed in the National Register 24
of Historic Places or (ii) individually designated as a local historic 25
landmark. 26
b. Properties located within a district on the Study List for the National 27
Register of Historic Places as maintained by the North Carolina State 28
Historic Preservation Office or a national or State historic landmark. 29
c. Local governments located in the coastal area, as those terms are 30
defined under G.S. 113A-103. 31
(3) Require additional fire apparatus access roads into developments of one - or 32
two-family dwellings that are not in compliance with the required number of 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 369-Fifth Edition
fire apparatus access roads into developments of one- or two-family dwellings 1
set forth in the Fire Code of the North Carolina Residential Code for One- and 2
Two-Family Dwellings. 3
(4) Establish or require pavement design standards for public roads or private 4
roads that are more stringent than the minimum pavement design standards 5
adopted by the Department of Transportation. 6
…." 7
SECTION 1.(b) There is appropriated from the General Fund to the Department of 8
Commerce the sum of five thousand dollars ($5,000) in nonrecurring funds for the 2026 -2027 9
fiscal year to assist in educating property owners on the financial opportunities that relate to 10
adjusting the number of parking spaces within their parking lots to better align with actual, and 11
anticipated, usage and thereby saving possible unneeded expenditures. 12
SECTION 1.(c) This section becomes effective July 1, 2026. 13
14
PART II. MODIFY THE AUTHORITY OF CERTAIN LOCAL GOVERNMENTS TO 15
REQUIRE STORMWATER CONTROL FOR REDEVELOPED PROPERTY 16
SECTION 2.(a) G.S. 143-214.7 reads as rewritten: 17
"§ 143-214.7. Stormwater runoff rules and programs. 18
… 19
(a1) Definitions. – The following definitions apply in this section: 20
(1) Built-upon area. – As defined in G.S. 143-214.7D. 21
(2) Development. – Any land -disturbing activity that increases the amount of 22
built-upon area or that otherwise decreases the infiltration of precipitation into 23
the subsoil. When additional development occurs at a site that has existing 24
development, the built -upon area of the existing development shall not be 25
included in the density calculations for additional stormwater control 26
requirements, and stormwater control requiremen ts cannot be applied 27
retroactively to existing development, unless otherwise required by federal 28
law. 29
(2)(3) Redevelopment. – Any land-disturbing activity that does not result in a net 30
increase in built -upon area and that provides greater or equal stormwat er 31
control to that of the previous development. 32
… 33
(b3) Stormwater runoff rules and programs shall not require private property owners to 34
install new or increased stormwater controls for (i) preexisting development existing built-upon 35
area, or (ii) redevelopment activities that do not remove or decrease existing stormwater controls. 36
When a preexisting development is redeveloped, either in whole or in part, increased stormwater 37
controls shall only be required for the amount of impervious surface being created that exceeds 38
the amount of impervious surface that existed before the redevelopment, irrespective of whether 39
the impervious surface that existed before the redevelopment is to be demolished or relocated 40
during the development activity. When development or redevelopment occurs at a site that has 41
existing built -upon area , (i) the existing built -upon area shall not be included in the density 42
calculations for additional stormwater control requirements, irrespective of whether the existing 43
built-upon area is to be demolished, relocated, replaced, or remains in place during development 44
activity, (ii) the existing built-upon area at the site is not subject to additional stormwater control 45
requirements under this section, regardless of whether the existing built-upon area is demolished, 46
relocated, replaced, or remains in place during the development activity , (iii) for purposes of 47
determining the size of the area for which stormwater control measures are required for a 48
development or redevelopment, built -upon area that existed before the development or 49
redevelopment shall be applied on a square -foot-for-square-foot basis to reduce the built -upon 50
area for which storm water control measures are required , and (iv ) stormwater control 51
General Assembly Of North Carolina Session 2025
House Bill 369-Fifth Edition Page 3
requirements cannot be applied retroactively to existing built -upon area , unless otherwise 1
required by federal law. A property owner may elect to treat the stormwater resulting from the 2
net increase in built-upon area above the preexisting existing built-upon area at the development 3
or redevelopment for the purpose of exceeding allowable density under the applicable water 4
supply watershed rules as provided in G.S. 143-214.5(d3). This subsection applies to all local 5
governments regardless of the source of t heir regulatory authority. Local governments shall 6
include the requirements of this subsection in their stormwater ordinances. 7
… 8
(b8) A local government may offer nonmandatory incentives that waive building, zoning, 9
connection, or other regulations or fees; provide additional tax and financial benefits; or institute 10
other incentives for development or redevelopment that implements additional stormwater 11
control measures beyond those required by this section and rules adopted thereunder. 12
…." 13
SECTION 2.(b) Each local government that implements a stormwater management 14
program shall amend its stormwater ordinance to conform to G.S. 143-214.7(b3), as amended by 15
subsection (a) of this section, within 12 months of the effective date of this section. Any local 16
stormwater ordinance that is inconsistent with G.S. 143-214.7(b3), as amended by subsection (a) 17
of this section, is void and unenforceable on and after that date. A local government may adopt, 18
amend, or repeal ordinance provisions implementing G.S. 143-214.7(b8) at any time after the 19
effective date of this section. 20
SECTION 2.(c) This section is effective when it becomes law and applies to 21
stormwater rules and stormwater program amendments adopted on or after that date. 22
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PART III. EFFECTIVE DATE 24
SECTION 3. Except as otherwise provided, this act is effective when it becomes 25
law. 26