Restore Down-Zoning Auth./Rutherford Co.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 136

Short Title: Restore Down-Zoning Auth./Rutherford Co. (Local)
Sponsors: Senator Moffitt (Primary Sponsor).
Referred to: Rules and Operations of the Senate
February 25, 2025
*S136-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RESTORE TH E AUTHORITY TO INITI ATE DOWN -ZONING IN 2
RUTHERFORD COUNTY AND MUNICIPALITIES IN RUTHERFORD COUNTY. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1(a) of S.L. 2024-57, 5
reads as rewritten: 6
"(d) Down-Zoning. – No amendment to zoning regulations or a zoning map that 7
down-zones property shall be initiated, enacted, or enforced initiated nor is it enforceable without 8
the written consent of all property owners whose p roperty is the subject of the down -zoning 9
amendment. amendment, unless the down -zoning amendment is initiated by the local 10
government. For purposes of this section, "down-zoning" means a zoning ordinance that affects 11
an area of land in one of the following ways: 12
(1) By decreasing the development density of the land to be less dense than was 13
allowed under its previous usage. 14
(2) By reducing the permitted uses of the land that are specified in a zoning 15
ordinance or land development regulation to fewer uses th an were allowed 16
under its previous usage. 17
(3) By creating any type of nonconformity on land not in a residential zoning 18
district, including a nonconforming use, nonconforming lot, nonconforming 19
structure, nonconforming improvement, or nonconforming site element." 20
SECTION 2.(a) This act applies only to Rutherford County and municipalities 21
located in Rutherford County. 22
SECTION 2.(b) This act is effective when it becomes law and applies retroactively 23
to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024 -57 shall 24
be in effect as it was on or before December 11, 2024. 25