Swimming Pools/Housing Regulatory Reform.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 205
Second Edition Engrossed 4/8/25
House Committee Substitute Favorable 6/11/25

Short Title: Swimming Pools/Housing Regulatory Reform. (Public)
Sponsors:
Referred to:
March 3, 2025
*S205-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO: PROHIBIT LOCAL BOARDS OF HEALTH FROM REGULATING PRIVATE 2
POOLS SERVING SINGLE FAMILY DWELLINGS; C LARIFY THE SCOPE OF 3
SWIMMING POOL LAWS BY AMENDING THE EXEMPTION FOR PRIVATE POOLS 4
SERVING SINGLE FAMIL Y DWELLINGS; MAKE OT HER TECHNICAL CHANGES 5
TO G.S. 130A-280; REFORM LOC AL GOVERNMENT DEVELO PMENT 6
REGULATIONS IN THIS STATE; AND CLARIFY THAT USE RIGHTS ON PROPERTY 7
ARE NOT EXTINGUISHED BY THE APPROVAL OF ADDITIONAL USE RIGHTS. 8
The General Assembly of North Carolina enacts: 9
10
PART I. SWIMMING POOL AMENDMENTS 11
SECTION 1. G.S. 130A-39(b) reads as rewritten: 12
"(b) A local board of health may adopt a more stringent rule in an area regulated by the 13
Commission for Public Health or the Environmental Management Commission where, in the 14
opinion of the local board of health, a more stringent rule is required to protect the public health; 15
otherwise, the rules of the Commission for Public Health or the rules of the Environmental 16
Management Commission shall prevail over local board of health rules. However, a local board 17
of health may not adopt a rule concerning a private pool serving a single family dwelling 18
otherwise exempt from regulation pursuant to G.S. 130A-280 or a rule concerning the grading, 19
operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this 20
Chapter and as defined in G.S. 130A-247(1), and a local board of health may adopt rules 21
concerning wastewater collection, treatment and disposal systems which are not designed to 22
discharge effluent to the land surface or surface waters only in accordance with 23
G.S. 130A-335(c)." 24
SECTION 2. G.S. 130A-280, as amended by Section 4.51 of S.L. 2024-49, reads as 25
rewritten: 26
"§ 130A-280. Scope.Scope and definitions. 27
(a) This Article Part provides for the regulation of public swimming pools in the State as 28
they may affect the public health and safety. As used in this Article, the term "public swimming 29
pool" means any structure, chamber, or tank containing an artificial body of water used by the 30
public for swimming, diving, wading, recreation, or therapy, together with buildings, 31
appurtenances, and equipment used in connection with the body of water, regardless of whether 32
a fee is charged for its use. The term includes municipal, school, hote l, motel, apartment, 33
boarding house, athletic club, or other membership facility pools and spas, spas operating for 34
display at temporary events, and artificial swimming lagoons. As used in this Article, an 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 205-Third Edition
"artificial swimming lagoon" means any body of water used for recreational purposes with more 1
than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results 2
in a disinfectant residual in the swimming zone that is protective of the public health. This Article 3
Part does not apply to any of the following: 4
(1) A private pool serving a single family dwelling and used only by the residents 5
of the dwelling and their guests.guests, regardless of whether their guests gain 6
use of the private pool through a sharing economy pla tform or pay a fee for 7
its use. In all cases in which a fee is exchanged for access to a private pool 8
serving a single family dwelling that is used only by the residents of the 9
dwelling and their guests , the private pool shall be maintained in good and 10
safe working order. 11
(2) A private pool serving a single family dwelling meeting the minimum 12
requirements of this subdivision which is offered to, and used by, individuals 13
on a temporary basis utilizing a sharing economy platform. For the purposes 14
of this s ubdivision, a sharing economy platform means an online platform 15
used to facilitate peer-to-peer transactions to acquire, provide, or share access 16
to goods and services. For the purposes of this subdivision, a pool must meet 17
all of the following minimum requirements: 18
a. Pools must have proper fencing and barriers to prevent unsupervised 19
access, especially by children. The fence should be at least 4 feet high 20
with a self-latching gate. 21
b. Pools must have clear and conspicuous signage posted around the pool 22
area specifying pool rules, depth markers, and any potential hazards. 23
c. Pools must be equipped with basic lifesaving equipment, including life 24
rings and reaching poles. 25
d. Pool decks and surrounding areas must have non-slip surfaces. 26
e. Pools must have prop erly fitted covers for all submerged suction 27
outlets. 28
f. Pools must be well -maintained with proper chemical balance and 29
cleanliness to ensure safe and healthy swimming conditions. 30
(3) Therapeutic pools used in physical therapy programs operated by medical 31
facilities licensed by the Department or operated by a licensed physical 32
therapist, nor to therapeutic chambers drained, cleaned, and refilled after each 33
individual use. 34
(b) Definitions. – The following definitions apply in this Part: 35
(1) Artificial swimmi ng lagoon. – Any body of water used for recreational 36
purposes with more than 20,000 square feet of surface area, an artificial liner, 37
and a method of disinfectant that results in a disinfectant residual in the 38
swimming zone that is protective of the public health. 39
(2) Public swimming pool. – Any structure, chamber, or tank containing an 40
artificial body of water used by the public for swimming, diving, wading, 41
recreation, or therapy, together with buildings, appurtenances, and equipment 42
used in connection wi th the body of water, regardless of whether a fee is 43
charged for its use. The term includes municipal, school, hotel, motel, 44
apartment, boarding house, athletic club, or other membership facility pools 45
and spas, spas operating for display at temporary even ts, and artificial 46
swimming lagoons. 47
(3) Sharing economy platform. – An online platform used to facilitate 48
peer-to-peer transactions to acquire, provide, or share access to goods and 49
services." 50
51
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PART II. LOCAL GOVERNMENT DEVELOPMENT REGULATION REFORM 1
2
LIMIT PLANNING AND DEVELOPMENT REGULATION AUTHORITY TO THAT 3
EXPRESSLY GRANTED BY CHAPTER 160D OF THE GENERAL STATUTES 4
SECTION 3.(a) G.S. 160D-101 reads as rewritten: 5
"§ 160D-101. Application. 6
(a) The provisions of this Article shall apply to all development regulations and programs 7
adopted pursuant to this Chapter or applicable or related local acts. To the extent there are 8
contrary provisions in local charters or acts, G.S. 160D-111 is applicable unless this Chapter 9
expressly provides otherwise. The prov isions of this Article also apply to any other local 10
ordinance that substantially affects land use and development. 11
(b) The provisions of this Article are supplemental to specific provisions included in 12
other Articles of this Chapter. To the extent there a re conflicts between the provisions of this 13
Article and the provisions of other Articles of this Chapter, the more specific provisions shall 14
control. 15
(c) Local governments may also apply any of the definitions and procedures authorized 16
by this Chapter to a ny ordinance that does not substantially affect land use and development 17
adopted under the general police power of cities and counties, Article 8 of Chapter 160A of the 18
General Statutes and Article 6 of Chapter 153A of the General Statutes respectively, an d may 19
employ any organizational structure, board, commission, or staffing arrangement authorized by 20
this Chapter to any or all aspects of those ordinances. 21
(d) This Chapter does not expand, diminish, or alter the scope of authority for planning 22
and development regulation authorized by other Chapters of the General Statutes. 23
(e) Except as provided by local act, notwithstanding any other provision of law , a local 24
government may not exercise development regulation authority except as expr essly authorized 25
by this Chapter. If State law governs a particular subject matter related to local government 26
development regulation authority, a local government shall not enact or enforce development 27
regulations more restrictive than those established b y State law, unless the development 28
regulation pertains to floodplain management regulations as described in G.S. 143-138(e)." 29
SECTION 3.(b) G.S. 160D-110(a) reads as rewritten: 30
"(a) G.S. 153A-4 and G.S. 160A-4 are not applicable to this Chapter." 31
SECTION 3.(c) G.S. 160D-111 reads as rewritten: 32
"§ 160D-111. Effect on prior laws. 33
(a) The enactment of this Chapter does not require the readoption of any local 34
government ordinance enacted pursuant to laws that were in effect before January 1, 2020 and 35
are restated or revised herein. The provisions of this Chapter do not affect any act heretofore 36
done, any liability incurred, any right accrued or vested, or any suit or prosecution begun or cause 37
of action accrued as of January 1, 2020. October 1, 2025. The enactment of this Chapter does not 38
amend the geographic area within which local government development regulations adopted 39
prior to January 1, 2020, are effective. 40
(b) G.S. 153A-3 and G.S. 160A-3 are applicable to this Chapter. Nothing in this Chapter 41
repeals or amends a charter or local act in effect as of June 19, 2020, October 1, 2025, unless this 42
Chapter or a subsequent enactment of the General Assembly clearly shows a legislative intent to 43
repeal or supersede that charter or local act.act, or if that charter or local act is inconsistent with 44
the provisions of this Chapter. 45
…." 46
SECTION 3.(d) G.S. 153A-121 is amended by adding a new subsection to read: 47
"(d) This section does not apply to the adoption or enforcement of development 48
regulations under Chapter 160D of the General Statutes." 49
SECTION 3.(e) G.S. 160A-174 is amended by adding a new subsection to read: 50
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"(c) This section does not apply to the adoption or enforcement of development 1
regulations under Chapter 160D of the General Statutes." 2
3
LIMIT ZONING REGULATION AUTHORITY 4
SECTION 4. G.S. 160D-702 reads as rewritten: 5
"§ 160D-702. Grant of power. 6
(a) A local government may adopt zoning regulations. Except as provided in subsections 7
(b) and (c) of this section, a zoning regulation may regulate a nd restrict the height, number of 8
stories, and size of buildings and other structures; the percentage of lots that may be occupied; 9
the size of yards, courts, and other open spaces; the density of population; the location and use 10
of buildings, structures, and land. A local government may regulate development, including 11
floating homes, over estuarine waters and over lands covered by navigable waters owned by the 12
State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 13
development rights for dedicated rights -of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 14
Where appropriate, a zoning regulation may include requirements that street and utility 15
rights-of-way be dedicated to the public, that provision be made of recreation al space and 16
facilities, and that performance guarantees be provided, all to the same extent and with the same 17
limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1. 18
(b) Any regulation relating to building design elements adopted under this Chapter may 19
not be applied to any structures subject to regulation under the North Carolina Residential Code 20
except under one or more of the following circumstances: 21
(1) The structures are located in an area designated as a local historic district 22
pursuant to Part 4 of Article 9 of this Chapter. 23
(2) The structures are located in an area designated as a historic district on the 24
National Register of Historic Places. 25
(3) The structures are individually designated as local, State, or national historic 26
landmarks. 27
(4) The regulations are directly and substantially related to the requirements of 28
applicable safety codes adopted under G.S. 143-138. 29
(5) Where the regulations are applied to manufactured housing in a manner 30
consistent with G.S. 160D-908 and federal law. 31
(6) Where the regulations are adopted as a condition of participation in the 32
National Flood Insurance Program. 33
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any 34
zoning district or conditional district unless volu ntarily consented to by the owners of all the 35
property to which those regulations may be applied as part of and in the course of the process of 36
seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, 37
district, nor may an y such regulations be applied indirectly as part of a review pursuant to 38
G.S. 160D-604 or G.S. 160D-605 of any proposed zoning amendment for consistency with an 39
adopted comprehensive plan or other applicable officially adopted plan. 40
For the purposes of thi s subsection, the phrase "building design elements" means exterior 41
building color; type or style of exterior cladding material; style or materials of roof structures or 42
porches; exterior nonstructural architectural ornamentation; location or architectural styling of 43
windows and doors, including garage doors; the number and types of rooms; and the interior 44
layout of rooms. The phrase "building design elements" does not include any of the following: 45
(i) the height, bulk, orientation, or location of a structure on a zoning lot, (ii) the use of buffering 46
or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect 47
the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the 48
permitted uses of land or structures subject to the North Carolina Residential Code. 49
Nothing in this subsection affects the validity or enforceability of private covenants or other 50
contractual agreements among property owners relating to building design elements. 51
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(c) A zoning or other development regulation shall not do any of the following: 1
(1) Set a minimum width, length, or square footage of any structures subject to 2
regulation under the North Carolina Residential Code. 3
(2) Require a or otherwise specify the size, configuration, allocation, or number 4
of parking space spaces to be larger than 9 feet wide by 20 feet long unless 5
the parking space is designated for handicap, parallel, or diagonal 6
parking.greater than those required by the Americans with Disabilities Act. 7
(3) Require additional fire apparatus access roads into developments of one - or 8
two-family dwellings that are not in compliance with the required number of 9
fire apparatus access roads into developments of one- or two-family dwellings 10
set forth in the North Carolina Fire Code of the North Carolina Residential 11
Code for One- and Two-Family Dwellings.Code. 12
(4) Except as provided under G.S. 160A-307, set a minimum width, length, or 13
square footage for driveways within a development unless the driveway abuts 14
a public road. This subdivision shall not be construed to expand, diminish, or 15
alter the Department of Transportation 's authority to regulate driveways 16
adjacent to public roads owned by the State. 17
(5) Except as provided in this subdivision, s et design standards for public roads 18
within a development in excess of those required by the Department of 19
Transportation. A city may s et design standards for public roads within a 20
development in excess of those required by the Department of Transportation 21
if the city is finan cially responsible for the cost of the excess and accepts 22
ownership and maintenance responsibility for the public road prior to , or in 23
conjunction with , site plan approval. Confirmation of conformity of the 24
improvements consistent with the city's design standards under this subsection 25
shall be conducted consistent with G.S. 160D-804.1(1c). Upon confirmation 26
that the improvements have been made consistent with G.S. 160D-804.1(1c), 27
the city shall record with the register of deeds a plat evi dencing the city 's 28
ownership of the public road. 29
(d) In exercising its authority under this section, a local government shall support its 30
determinations by demonstrating there is a rational and substantial relationship between the 31
zoning map , zoning regulations, or zoning amendment and (i) the local government 's 32
comprehensive plan and (ii) the public health, safety, and welfare, through findings of facts and 33
information, other than mere personal preferences or speculation, that a reasonable person would 34
accept in support of a conclusion. 35
(e) For purposes of this section, the term "public road " shall mean any road, street, 36
highway, thoroughfare, or other way of passage that is owned and maintained by a city or the 37
Department of Transportation." 38
39
LIMIT CURB CUT REGULATIONS 40
SECTION 5. G.S. 160A-307 reads as rewritten: 41
"§ 160A-307. Curb cut regulations. 42
(a) A Except as expressly permitted by Chapter 160D of the General Statutes, a city may 43
not regulate by ordinance regulate the size, location, direction of traffic flow, and manner of 44
construction of driveway connections into any street or alley. The To the extent allowed by 45
Chapter 160D of the General Statutes, the ordinance may require the construction or 46
reimbursement of the cost of construction and public dedication of medians, acceleration and 47
deceleration lanes, and traffic storage lanes for driv eway connections into any street or alley if 48
all of the following apply: 49
(1) The city has shown through substantial evidence that the need for such the 50
improvements is reasonably attributable to the traffic using the driveway. 51
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(2) The city has shown through substantial evidence that the improvements serve 1
the traffic of the driveway. 2
(b) No street or alley under the control of the Department of Transportation may be 3
improved without the consent of the Department of Transportation. A city shall not require the 4
applicant to acquire right -of-way from property not owned by the applicant. However, an 5
applicant may voluntarily agree to acquire such right-of-way. 6
(c) For purposes of this section, "substantial evidence " means facts and information, 7
other than mere personal preferences or speculation, that a reasonable person would accept in 8
support of a conclusion." 9
10
REQUIRE ZONING DISTRICTS TO BE BASED ON DENSITY AND CLARIFY 11
PROHIBITION ON CONDITIONS NOT AUTHORIZED BY LAW 12
SECTION 6. G.S. 160D-102 reads as rewritten: 13
"§ 160D-102. Definitions. 14
Unless otherwise specifically provided, or unless otherwise clearly required by the context, 15
the words and phrases defined in this section shall have the following meanings indicat ed when 16
used in this Chapter: 17
… 18
(15b) Dwelling unit. – A single unit, subject to the North Carolina Residential Code, 19
providing complete, independent living facilities for one or more persons, 20
including permanent provisions for living, sleeping, eating, co oking, and 21
sanitation. 22
…." 23
SECTION 7. G.S. 160D-703 reads as rewritten: 24
"§ 160D-703. Zoning districts. 25
(a) Types of Zoning Districts. – A Except as provided in subsection (a1) of this section, 26
a local government may divide its territorial jurisdiction into zoning districts of any number, 27
shape, and area deemed best suited to carry out the purposes of this Article. Within those districts, 28
it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of 29
buildings, structures, or land. Zoning By illustration, zoning districts may include, but are not be 30
limited to, include any of the following: 31
(1) Conventional districts, in which a variety of uses are allowed as permitted uses 32
or uses by right and that may also include uses permitted only with a special 33
use permit. 34
(2) Conditional districts, in which site plans or individualized development 35
conditions are imposed. 36
(3) Form-based districts, or development form controls, that address the physical 37
form, mass, and density of structures, public spaces, and streetscapes. 38
(4) Overlay districts, in which different requirements are imposed on certain 39
properties within one or more underlying conventional, conditional, or 40
form-based districts. 41
(5) Districts allowed by charter. 42
(a1) Residential Zoning Districts Classified Based on Density. – A local government shall 43
classify residential zoning districts based only on the number of dwelling units allowed per acre. 44
A local government shall not classify residential zoning districts based on the minimum lot size 45
allowed in the district. For purposes of determining allowable residential density, the actual gross 46
acreage shall not be reduced by subtracting buffers, setbacks, public or private streets, open space 47
or recreation areas, or other nondevelopable areas. 48
(b) Conditional Districts. – Property may be placed in a conditional district only in 49
response to a petition by all owners of the property to be included. Specific condi tions may be 50
proposed by the petitioner or the local government or its agencies, but only those conditions 51
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approved by the local government and consented to by the petitioner in writing may be 1
incorporated into the zoning regulations. Unless consented to b y the petitioner in writing, 2
Notwithstanding any other provision of law, in the exercise of the authority granted by this 3
section, a local government may not (i) require, enforce, or incorporate into the zoning 4
regulations any condition or requirement not authorized by otherwise applicable law, regulations 5
any condition, requirement, or deed restriction not specifically authorized by law, (ii) require, 6
enforce, or incorporate into the zoning regulations any condition or requirement that the courts 7
have held to be unenforceable if imposed directly by the local government, or (ii i) accept any 8
offer by the petitioner to consent to any condition not specifically authorized by law , including, 9
without limitation, taxes, impact fees, building design elements within the scope of 10
G.S. 160D-702(b), driveway -related improvements in excess of those allowed in 11
G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or 12
use of land. This subsection shall also apply to the approval of any site plan, development 13
agreement, conditional zoning permit, or any other instrument under this Chapter. Conditions 14
and site-specific standards imposed in a conditional district shall be limited to those that address 15
the conformance of the development and use of the site to local government ordinances, plans 16
adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the 17
development or use of the site. The zoning regulation may provide that defined minor 18
modifications in conditional district standards that do not involve a change in uses permitted or 19
the density of overall development permitted may be reviewed and approved administratively. 20
Any other modification of the conditions and standards in a conditional district shall follow the 21
same process for approval as are applicable to zoning map amendments. If multiple parcels of 22
land are subject to a conditional zoning, the owners of individual parcels may apply for 23
modification of the conditions so long as the modification would not r esult in other properties 24
failing to meet the terms of the conditions. Any modifications approved apply only to those 25
properties whose owners petition for the modification. 26
(b1) Limitations. – For parcels where multifamily structures are an allowable use, a local 27
government may not impose a harmony requirement for permit approval if the development 28
contains affordable housing units for families or individuals with incomes below eighty percent 29
(80%) of the area median income. 30
(c) Uniformity Within Districts. – Except as authorized by the foregoing, all zoning 31
regulations shall be uniform for each class or kind of building throughout each district but the 32
zoning regulations in one district may differ from those in other districts. 33
(d) Standards Applicable Regardless of District. – A zoning regulation or unified 34
development ordinance may also include development standards that apply uniformly 35
jurisdiction-wide rather than being applicable only in particular zoning districts. 36
(e) Staff Approvals. – Development approvals for a development that is a permitted use 37
in the zoning district where the development is located shall be made only by the designated staff 38
member as described in G.S. 160D-402. 39
(f) Basis for Conditional District. – In exercising its authority under subsection (b) of this 40
section, a local government shall support its determinations with facts and information, other 41
than mere personal preferences or speculation, that a reasonable person would accept in support 42
of a conclusion that there is a rational and substantial relationship between the conditional district 43
and the public health, safety, and welfare." 44
45
VESTED RIGHTS MODIFICATIONS 46
SECTION 8.(a) G.S. 160D-108 reads as rewritten: 47
"§ 160D-108. Permit choice and vested rights. 48
… 49
(c) Vested Rights. – Amendments in land development regulations are not applicable or 50
enforceable without the written consent of the owner with regard to any of the following: 51
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(1) Buildings or uses of buildings or land for which a development permit 1
application has been submitted and subsequently issued in accordance with 2
G.S. 143-755. 3
(2) Subdivisions of land for which a development permit application authorizing 4
the subdivision has been submitted and subsequently issued in accordance 5
with G.S. 143-755. 6
(3) A site-specific vesting plan pursuant to G.S. 160D-108.1. 7
(4) A multi-phased development pursuant to subsection (f) of this section. 8
(5) A vested right established by the terms of a development agreement 9
authorized by Article 10 of this Chapter. 10
The establishment of a vested right under any subdivision of this subsection does not preclude 11
vesting under one or more other subdivisions of this subsection or vesting by application of 12
common law principles. A vested right, once established as prov ided for in this section or by 13
common law, precludes any action by a local government that would change, alter, impair, 14
prevent, diminish, or otherwise delay the development or use of the property allowed by the 15
applicable land development regulation or regulations, except where a change in State or federal 16
law mandating local government enforcement occurs after the development application is 17
submitted that has a fundamental and retroactive effect on the development or use. A vested right 18
obtained by permit or other local government approval shall not preclude the use or extinguish 19
the existence of any other vested right or use by right attached to the property. 20
(d) Duration of Vesting. – Upon issuance of a development permit, the statutory vesting 21
granted by subsection (c) of this section for a development project is effective upon filing of the 22
application in accordance with G.S. 143-755, for so long as the permit remains valid pursuant to 23
law. Unless otherwise specified by this section or other statute, local development permits expire 24
one year after issuance unless work authorized by the permit has substantially commenced. A 25
local land development regulation may provide for a longer permit expiration period. For the 26
purposes of this section, a permit is is sued either in the ordinary course of business of the 27
applicable governmental agency or by the applicable governmental agency as a court directive. 28
Except where a longer vesting period is provided by statute or land development regulation, 29
the statutory ve sting granted by this section, once established, expires for an uncompleted 30
development project if development work is intentionally and voluntarily discontinued for a 31
period of not less than 24 consecutive months, and the statutory vesting period granted by this 32
section for a nonconforming use of property expires if the use is intentionally and voluntarily 33
discontinued for a period of not less than 24 consecutive months. The 24 -month discontinuance 34
period is automatically tolled during the any of the following: 35
(1) The pendency of any board of adjustment proceeding or civil action in a State 36
or federal trial or appellate court regarding the validity of a development 37
permit, the use of the property, or the existence of the statutory vesting period 38
granted by this section. 39
(2) The 24-month discontinuance period is also tolled during the pendency of any 40
litigation involving the development project or property that is the subject of 41
the vesting. 42
(3) The duration of any emergency declaration issued under G.S. 166A-19.20 or 43
G.S. 166A-19.22 for which the defined emergency area includes the property, 44
in whole or in part. 45
…." 46
SECTION 8.(b) G.S. 160D-108.1 reads as rewritten: 47
"§ 160D-108.1. Vested rights – site-specific vesting plans. 48
… 49
(c) Approval and Amendmen t of Plans. – If a site -specific vesting plan is based on an 50
approval required by a local development regulation, the local government shall provide 51
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whatever notice and hearing is required for that underlying approval. A duration of the underlying 1
approval that is less than two five years does not affect the duration of the site -specific vesting 2
plan established under this section. If the site -specific vesting plan is not based on such an 3
approval, an approval required by a development regulation, a legislative hearing with notice as 4
required by G.S. 160D-602 shall be held. 5
A local government may approve a site-specific vesting plan upon any terms and conditions 6
that may reasonably be necessary to protect the public health, safety, and welfare. Condit ional 7
approval results in a vested right, although failure to abide by the terms and conditions of the 8
approval will result in a forfeiture of vested rights. A local government shall not require a 9
landowner to waive the landowner's vested rights as a condi tion of developmental approval. A 10
site-specific vesting plan is deemed approved upon the effective date of the local government's 11
decision approving the plan or another date determined by the governing board upon approval. 12
An approved site-specific vesting plan and its conditions may be amended with the approval of 13
the owner and the local government as follows: any substantial modification must be reviewed 14
and approved in the same manner as the original approval; minor modifications may be approved 15
by staff, if such the modifications are defined and authorized by local regulation. 16
… 17
(e) Duration and Termination of Vested Right. – 18
(1) A vested right for a site -specific vesting plan remains vested for a period of 19
two five years. This vesting shall not be exten ded by any amendments or 20
modifications to a site-specific vesting plan unless expressly provided by the 21
local government. 22
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a local 23
government may provide for rights to be vested for a period exceeding two 24
five years but not exceeding five eight years where warranted in light of all 25
relevant circumstances, including, but not limited to, the size and phasing of 26
development, the level of investment, the need for the development, economic 27
cycles, and market conditions or other considerations. These determinations 28
are in the sound discretion of the local government and shall be made 29
following the process specified for the particular form of a site -specific 30
vesting plan involved in accordance with subsection (a) of this section. 31
(3) Upon issuance of a building permit, the provisions of G.S. 160D-1111 and 32
G.S. 160D-1115 apply, except that a permit does not expire and shall not be 33
revoked because of the running of time while a vested right under this section 34
is outstanding. 35
(4) A right vested as provided in this section terminates at the end of the 36
applicable vesting period with respect to buildings and uses for which no valid 37
building permit applications have been filed. 38
(f) Subsequent Changes Prohibited; Exceptions. – 39
(1) A vested right, once established as provided for in this section, precludes any 40
zoning action development regulation by a local government which would 41
change, alter, impair, prevent, diminish, or otherwise delay the development 42
or use of the property as set forth in an approved site -specific vesting plan, 43
except under one or more of the following conditions: 44
a. With the written consent of the affected landowner. 45
b. Upon findings, by ordinance after notice and an evide ntiary hearing, 46
that natural or man -made hazards on or in the immediate vicinity of 47
the property, if uncorrected, would pose a serious threat to the public 48
health, safety, and welfare if the project were to proceed as 49
contemplated in the site-specific vesting plan. 50
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c. To the extent that the affected landowner receives compensation for 1
all costs, expenses, and other losses incurred by the landowner, 2
including, but not limited to, all fees paid in consideration of financing, 3
and all architectural, planning, m arketing, legal, and other consulting 4
fees incurred after approval by the local government, together with 5
interest as provided under G.S. 160D-106. Compensation shall not 6
include any diminution in the value of the property which is caused by 7
the action. 8
d. Upon findings, by ordinance after notice and an evidentiary hearing, 9
that the landowner or the landowner's representative intentionally 10
supplied inaccurate information or made material misrepresentations 11
that made a difference in the approval by the local government of the 12
site-specific vesting plan or the phased development plan. 13
e. Upon the enactment or promulgation of a State or federal law or 14
regulation that precludes development as contemplated in the 15
site-specific vesting plan or the phased developme nt plan, in which 16
case the local government may modify the affected provisions, upon a 17
finding that the change in State or federal law has a fundamental effect 18
on the plan, by ordinance after notice and an evidentiary hearing. 19
(2) The establishment of a ve sted right under this section does not preclude 20
precludes the application of overlay zoning or other development regulations 21
which impose additional requirements but do not affect the allowable type or 22
intensity of use, or ordinances or regulations which a re general in nature and 23
are applicable to all property subject to development regulation by a local 24
government, including, but not limited to, building, fire, plumbing, electrical, 25
and mechanical codes. Otherwise applicable new development regulations 26
become effective with respect to property which is subject to a site -specific 27
vesting plan upon the expiration or termination of the vesting rights period 28
provided for in this section. 29
(3) Notwithstanding any provision of this section, the establishment of a vested 30
right does not preclude, change, or impair the authority of a local government 31
to adopt and enforce development regulations governing nonconforming 32
situations or uses.nonconformities. 33
…." 34
35
ESTABLISH JURISDICTION FOR LAND THAT LIES WITHIN MORE THAN ONE 36
LOCAL GOVERNMENT 37
SECTION 9. G.S. 160D-203 reads as rewritten: 38
"§ 160D-203. Split jurisdiction. 39
(a) If a parcel of land lies within the planning and development regulation jurisdiction of 40
more than one local government, for the purposes of this Chapte r, the local governments may, 41
by mutual agreement pursuant to Article 20 of Chapter 160A of the General Statutes and with 42
the written consent of the landowner, assign exclusive planning and development regulation 43
jurisdiction under this Chapter for the entire parcel to any one of those local governments. Such 44
a mutual agreement government, the following shall apply: 45
(1) If only one local government has the ability to provide water and sewer 46
services to the parcel at the time a site plan for the parcel is submitted, the 47
local government that has the ability to provide public water and sewer 48
services shall have planning and development regulation jurisdiction over the 49
entire parcel. 50
General Assembly Of North Carolina Session 2025
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(2) If all of the local governments have the ability to either provide public water 1
services or public sewer services to the parcel, but not both, at the time a site 2
plan for the parcel is submitte d, the landowner may designate which local 3
government's planning and development regulations shall apply to the land. 4
(3) If all or none of the local governments have the ability to provide public water 5
and sewer services to the parcel at the time a site p lan for the parcel is 6
submitted, the local government where the majority of the parcel is located 7
shall have jurisdiction over the land. 8
(b) The jurisdiction established by this section shall only be applicable to development 9
regulations and shall not affe ct taxation or other nonregulatory matters. The mutual agreement 10
shall be evidenced by a resolution formally adopted by each governing board and recorded with 11
the register of deeds in the county where the property is located within 14 days of the adoption 12
of the last required resolution." 13
14
PERMIT CHOICE MODIFICATIONS 15
SECTION 10. G.S. 143-755(e) reads as rewritten: 16
"(e) For purposes of this section, the following definitions apply: 17
(1) Development. – Without altering the scope of any regulatory authority granted 18
by statute or local act, any of the following: 19
a. The construction, erection, alteration, enlargement, renovation, 20
substantial repair, movement to another site, or demolition of any 21
structure. 22
b. Excavation, grading, filling, clearing, or alteration of land. 23
c. The subdivision of land as defined in G.S. 160D-802. 24
d. The initiation of substantial change in the use of land or the intensity 25
of the use of land. 26
(2) Development permit. – An administrative administrative, legislative, or 27
quasi-judicial approval that is written and that is required prior to commencing 28
development or undertaking a specific activity, project, or development 29
proposal, including any of the following: 30
a. Zoning permits. 31
b. Site plan approvals. 32
c. Special use permits. 33
d. Variances. 34
e. Certificates of appropriateness. 35
f. Plat approvals. 36
g. Development agreements. 37
h. Building permits. 38
i. Subdivision of land. 39
j. State agency permits for development. 40
k. Driveway permits. 41
l. Erosion and sedimentation control permits. 42
m. Sign permit. 43
n. Conditional zoning. 44
(3) Land development regulation. – Any State statute, rule, or regulation, or local 45
ordinance affecting the development or use of real property, including any of 46
the following: 47
a. Unified development ordinance. 48
b. Zoning regulation, including zoning maps. 49
c. Subdivision regulation. 50
d. Erosion and sedimentation control regulation. 51
General Assembly Of North Carolina Session 2025
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e. Floodplain or flood damage prevention regulation. 1
f. Mountain ridge protection regulation. 2
g. Stormwater control regulation. 3
h. Wireless telecommunication facility regulation. 4
i. Historic preservation or landmark regulation. 5
j. Housing code. 6
k. Conditional zoning." 7
8
LOCAL GOVERNMENT TO DESIGNATE APPLICABLE STAFF FOR 9
DEVELOPMENT DETERMINATIONS 10
SECTION 11. G.S. 160D-402, as amended by S.L. 2024-49, reads as rewritten: 11
"§ 160D-402. Administrative staff. 12
(a) Authorization. – Local governments may appoint administrators, inspectors, 13
enforcement officers, planners, technicians, and other staff to develop, administer, and enforce 14
development regulations authorized by this Chapter. Local governments shall designate at least 15
one staff member charged with making determinations under that local government 's 16
development regulations for purposes of G.S. 160D-703. 17
(b) Duties. – Duties assigned to staff may include, but are not limited to, drafting and 18
implementing plans and development regulations to be adopted pursuant to this Chapter; 19
determining whether applications for development approvals are complete; receiving and 20
processing applications for developm ent approvals; providing notices of applications and 21
hearings; making decisions and determinations regarding development regulation 22
implementation; determining whether applications for development approvals meet applicable 23
standards as established by law and local ordinance; conducting inspections; issuing or denying 24
certificates of compliance or occupancy; enforcing development regulations, including issuing 25
notices of violation, orders to correct violations, and recommending bringing judicial actions 26
against actual or threatened violations; keeping adequate records; and any other actions that may 27
be required in order adequately to enforce the laws and development regulations under their 28
jurisdiction. A development regulation may require that designated sta ff members take an oath 29
of office. The local government shall have the authority to enact ordinances, procedures, and fee 30
schedules relating to the administration and the enforcement of this Chapter. The administrative 31
and enforcement provisions related to building permits set forth in Article 11 of this Chapter shall 32
be followed for those permits. 33
(c) Alternative Local Government Staff Arrangements. – A local government may enter 34
into contracts with another city, county, or combination thereof under which the parties agree to 35
create a joint staff for the enforcement of State and local laws specified in the agreement. The 36
governing boards of the contracting parties may make any necessary appropriations for this 37
purpose. 38
In lieu of joint staff, a governing bo ard may designate staff from any other city or county to 39
serve as a member of its staff with the approval of the governing board of the other city or county. 40
A staff member, if designated from another city or county under this section, subsection, shall, 41
while exercising the duties of the position, be considered an agent of the local government 42
exercising those duties. The governing board of one local government may request the governing 43
board of a second local government to direct one or more of the second local government's staff 44
members to exercise their powers within part or all of the first local government's jurisdiction, 45
and they shall thereupon be empowered to do so until the first local government officially 46
withdraws its request in the manner provided in G.S. 160D-202. 47
The contract or designation of staff under this subsection shall specify at least one individual 48
designated as charged with making determinations under each local government's development 49
regulations for purposes of G.S. 160D-703. 50
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(c1) Alternative Contract Staff Arrangements. – A local government may contract with an 1
individual, company, council of governments, regional planning agency, metropolitan planning 2
organization, or rural planning agency to designate an individual who is not a city or county 3
employee to work under the supervision of the local government to exercise the functions 4
authorized by this section. The local government shall have the same potential liability, if any, 5
for inspections conducted by an individual who is not an employee of the local government as it 6
does for an individual who is an employee of the local government. The company or individual 7
with whom the local government contracts shall have errors and omissions and other insurance 8
coverage acceptable to the local government. The contract shall require at least one individual 9
designated as charged with making determinations under that local government 's development 10
regulations for purposes of G.S. 160D-703. 11
(d) Financial Support. – The local government may appropriate for the support of the 12
staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, 13
administration, and implementation of programs authorized by this Chapter. Chapter, and those 14
fees shall not exceed the actual, direct, and reasonable costs required to support, administer, and 15
implement programs authorized by this Chapter . All fees collected by a building inspection 16
department for the administration and enforcement of provisions set forth in Article 11 of this 17
Chapter shall be used to support the administration and operations of the building inspection 18
department and for no other purposes. When an inspection, for which the permit holder has paid 19
a fee to the local g overnment, is performed by a marketplace pool Code -enforcement official 20
upon request of the State Fire Marshal under G.S. 143-151.12(9)a., the local government shall 21
promptly return to the permit holder the fee collected by the local government for such inspection. 22
This subsection applies to the following types of inspection: plumbing, electrical systems, 23
general building restrictions and regulations, heating and air -conditioning, and the general 24
construction of buildings." 25
26
REVIEW PERIODS ESTABLISHED FOR LOCAL GOVERNMENT APPROVALS AND 27
DECISIONS 28
SECTION 12.(a) G.S. 160D-403, as amended by S.L. 2024-49, reads as rewritten: 29
"§ 160D-403. Administrative development approvals and determinations. 30
(a) Development Approvals. – To the extent consistent with the sco pe of regulatory 31
development regulation authority granted by this Chapter, no person shall commence or proceed 32
with development without first securing any required development approval from the local 33
government with jurisdiction over the site of the development. A development approval shall be 34
in writing and may contain a provision requiring the development to comply with all applicable 35
State and local laws. A local government may issue development approvals in print or electronic 36
form. Any development approval issued exclusively in electronic fo rm shall be protected from 37
further editing once issued. Applications for development approvals may be made by the 38
landowner, a lessee or person holding an option or contract to purchase or lease land, or an 39
authorized agent of the landowner. An easement holder may also apply for development approval 40
for such the development as is authorized by the easement. 41
(a1) Time Period for Approval. – Within seven calendar days of the filing of an application 42
for a development approval, a local government or its design ated administrative staff, as 43
described under G.S. 160D-402, shall (i) determine whether the application is complete and 44
notify the applicant of the application 's completeness and , (ii) if the local government or its 45
designated administrative staff determines the application is incomplete, specify all of the 46
deficiencies in the notice to the applicant. The applicant may file an amended application or 47
supplemental information to cure the deficiencies identified by the local government or its 48
designated administrative staff for a completeness review, which shall be completed within seven 49
calendar days after receiving an amended application or supplemental application from the 50
applicant. Upon the date the application is deemed complete, the local government or its 51
General Assembly Of North Carolina Session 2025
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designated administrative staff shall issue a receipt letter or electronic response stating that the 1
application is complete. From the date an application has been determined t o be complete, the 2
local government or its designated administrative staff shall have 20 days to perform an initial 3
review of the completed application and notify the applicant of any required changes, to which 4
an applicant shall have 15 days to respond. I f the applicant makes changes in response to 5
comments arising from the initial review, the local government or its designated administrative 6
staff shall have 10 calendar days to review any changes submitted by the applicant. Upon 7
expiration of that 10 -day secondary review period, a final 90-calendar day review period shall 8
begin. The local government shall approve or deny the application within 90 calendar days of the 9
date the 10-day secondary review period ex pires, except that if the applicant requests a 10
continuance of the application, the review period shall be tolled for the duration of any 11
continuance. The time period for review may be extended only by agreement with the applicant 12
if the application cannot be reviewed within the specified time limitatio n due to circumstances 13
beyond the control of the local government. The extension shall not exceed six months. Failure 14
of the local government or its designated administrative staff to act before the expiration of the 15
time period allowed for review shall co nstitute an approval of the application, and the local 16
government shall issue a written approval upon demand by the applicant. 17
…." 18
SECTION 12.(b) Article 7 of Chapter 160D of the General Statutes is amended by 19
adding a new section to read: 20
"§ 160D-707. Review period for rezoning decisions. 21
Within seven calendar days of the filing of an application for amendment of a zoning map or 22
zoning regulations, a local government or its designated administrative staff, as described under 23
G.S. 160D-402, shall (i) determine whether the application is complete and notify the applicant 24
of the application's completeness and, (ii) if the local government or its designated administrative 25
staff determines the application is incomplete, specify all of the deficiencies in the notice to the 26
applicant. The applicant may file an amended application or supplemental information to cure 27
the deficiencies identified by the local government or its designated administrative staff for a 28
completeness review, which shal l be completed within seven calendar days after receiving an 29
amended application or supplemental application from the applicant . Upon the date the 30
application is deemed complete, the local government or its designated administrative staff shall 31
issue a receipt letter or electronic response stating that the application is complete. From the date 32
an application has been determ ined to be complete, t he local government or its designated 33
administrative staff shall have 20 days to perform an initial review of the completed application 34
and notify the applicant of any required changes, to which an applicant shall have 15 days to 35
respond. If the applicant makes changes in response to comments arising from the initial review, 36
the local government or its designated administrative staff shall have 10 calendar days to review 37
any changes submitted by the applicant. Upon expiration of that 10-day secondary review period, 38
a final 90-calendar day review period shall begin. The local government shall approve or deny 39
the application within 90 calendar days of the date the 10 -day secondary review period expires, 40
except that if the applicant requests a continuance of the application, the review period shall be 41
tolled for the duration of any continuance. The time period for review may be extended only by 42
agreement with the applicant if the application cannot be re viewed within the specified time 43
limitation due to circumstances beyond the control of the local government. The extension shall 44
not exceed six months. Failure of the local government or its designated administrative staff to 45
act before the expiration of the time period allowed for review shall constitute an approval of the 46
application, and the local gov ernment shall issue a written a pproval upon demand by the 47
applicant." 48
49
PROHIBIT WAITING PERIODS FOR REFILING OF DEVELOPMENT 50
APPLICATIONS 51
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SECTION 13. G.S. 160D-601 is amended by adding a new subsection to read: 1
"(e) Withdrawn or Denied Applications. – A development regulation or unified 2
development ordinance may not include waiting periods prohibiting a landowner, developer, or 3
applicant from refiling a denied or withdrawn application for a zoning map amendment, text 4
amendment, development application, or request for development approval." 5
6
ADMINISTRATIVE SUBDIVISION REGULATIONS/APPROVALS/APPEALS 7
SECTION 14.(a) G.S. 160D-803 reads as rewritten: 8
"§ 160D-803. Review process, filing, and recording of subdivision plats. 9
(a) Any subdivision regulation adopted pursuant to this Article shall contain provisions 10
setting forth the procedures and standards to be followed in granting or denying approval of a 11
subdivision plat prior to its registration. 12
(b) A subdivision regulation shall provide that the following agen cies be given an 13
opportunity to make recommendations concerning an individual subdivision plat before the plat 14
is approved: 15
(1) The district highway engineer as to proposed State streets, State highways, 16
and related drainage systems. 17
(2) The county health director or local public utility, as appropriate, as to 18
proposed water or sewerage systems. 19
(3) Any other agency or official designated by the governing board. 20
(c) The subdivision regulation may shall provide that final decisions on preliminary plats 21
and final plats are administrative and to be made by any of the following: 22
(1) The governing board. 23
(2) The governing board on recommendation of a designated body. 24
(3) A designated planning board, technical review committee of local government 25
staff members, or other designated body or staff person. 26
If the final decision on a subdivision plat is administrative, the decision may be assigned to a 27
staff person or committee comprised entirely of staff persons, and notice of the decision shall be 28
as provided by G.S. 160D-403(b). If the final decision on a subdivision plat is quasi-judicial, the 29
decision shall be assigned to the governing board, the planning board, the board of adjustment, 30
or other board appointed pursuant to this Chapter, and the procedures set forth in G.S. 160D-406 31
shall apply. 32
(d) After the effective date that a subdivision regulation is adopted, no subdivision within 33
a local government's planning and development regulation jurisdiction shall be filed or recorded 34
until it shall have been submitted to and approved by the governing board or appropriate body, a 35
staff person or committee comprised entirely of staff persons, as specified in the subdivision 36
regulation, and until this approval shall have been entered on the face of the plat in writing by an 37
authorized representative of the local government. Within 10 days after approving a preliminary 38
or final plat, an authorized representative of the local government shall enter the approval on the 39
face of the preliminary or final plat. The review officer, pursuant to G.S. 47-30.2, shall not certify 40
a subdivision plat that has not been approved in accordance with these provision s nor shall the 41
clerk of superior court order or direct the recording of a plat if the recording would be in conflict 42
with this section. 43
(e) Notwithstanding G.S. 160D-403(c), once approval has been entered on the face of the 44
plat in accordance with this se ction, the approval shall be valid and not ex pire unless the 45
landowner applies for, and receives, a subsequent development approval." 46
SECTION 14.(b) G.S. 160D-804 reads as rewritten: 47
"§ 160D-804. Contents and requirements of regulation. 48
… 49
(d) Recreation Areas and Open Space. – The regulation may provide for the dedication 50
or reservation of recreation areas serving residents of the immediate neighborhood within the 51
General Assembly Of North Carolina Session 2025
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subdivision or, alternatively, for payment of funds to be used to acquire or develop recreat ion 1
areas serving residents of the development or subdivision or more than one subdivision or 2
development within the immediate area. All funds received by cities a local government pursuant 3
to this subsection shall be used only for the acquisition or development of recreation, park, or 4
open space sites. All funds received by counties pursuant to this subsection shall be used only 5
for the acquisition of recreation, park, or open space sites. Any formula enacted to determine the 6
amount of funds that are to be provided under this subsection shall be based on the value of the 7
development or subdivision for property tax purposes. The regulation may allow a combination 8
or partial payment of funds and partial dedication of land when the governing board determines 9
that this combination is in the best interests of the citizens of the area to be served. 10
…." 11
SECTION 14.(c) G.S. 160D-1403 reads as rewritten: 12
"§ 160D-1403. Appeals of decisions on subdivision plats. 13
(a) When a subdivision regulation adopted under this Chapter provides that the decision 14
whether to approve or deny a preliminary or final subdivision plat is quasi -judicial, then that 15
decision of the board is subject to review by the su perior court by a proceeding in the nature of 16
certiorari. G.S. 160D-406 and this section apply to those appeals. 17
(b) When a subdivision regulation adopted under this Chapter provides that the decision 18
whether to approve or deny a preliminary or final subdi vision plat is administrative, or for For 19
any other administrative decision implementing a subdivision regulation, the following applies: 20
(1) If made by the governing board or planning board, the decision is subject to 21
review by filing an action in superior court seeking appropriate declaratory or 22
equitable relief within 30 days from receipt of the written notice of the 23
decision, which shall be made as provided in G.S. 160D-403(b). 24
(2) If made by the staff or a staff committee, the decision is subject to appeal as 25
provided in G.S. 160D-405. 26
(c) For purposes of this section, a subdivision regulation is deemed to authorize a 27
quasi-judicial decision if the decision -making entity under G.S. 160D-803(c) is authorized to 28
decide whether to approve or deny the plat based not only upon whether the application complies 29
with the specific requirements set forth in the regulation but also on whether the application 30
complies with one or more generally stated standards requiring a discretionary decision to be 31
made." 32
33
EXPAND CAUSES FOR CIVIL ACTION INVOLVING CLAIMS INVOLVING 34
QUESTIONS OF INTERPRETATION AND CLARIFY STANDING IN SUCH CASES 35
SECTION 15. G.S. 160D-1403.1 reads as rewritten: 36
"§ 160D-1403.1. Civil action for declaratory relief, injunctive relief, other remedies; joinder 37
of complaint and petition for writ of certiorari in certain cases. 38
(a) Civil Action. – Except as otherwise provided in this section for claims involving 39
questions of interpretation, in lieu of any remedies available under G.S. 160D-405 o r 40
G.S. 160D-108(h), a person with standing, as defined in subsection (b) of this section, may bring 41
an original civil action seeking declaratory relief, injunctive relief, damages, or any other 42
remedies provided by law or equity, in superior court or feder al court to challenge the 43
enforceability, validity, or effect of a local land development regulation or development approval 44
or denial for any of the following claims: 45
(1) The ordinance, development regulation, either on its face or as applied, is 46
unconstitutional. 47
(2) The ordinance, development regulation, either on its face or as applied, is ultra 48
vires, preempted, arbitrary or capricious, or is otherwise in excess of statutory 49
authority. 50
General Assembly Of North Carolina Session 2025
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(3) The ordinance, development regulation, either on its face or as applied, 1
constitutes a taking of property. 2
(4) The development approval or denial is ultra vires, preempted, in excess of its 3
statutory authority, made upon unlawful procedure, made in error of law, 4
arbitrary and capricious, or an abuse of discretion. 5
(a1) Appeals of Administrative Decisions. – If the decision development approval being 6
challenged under subsection (a) of this section is from an administrative official charged with 7
enforcement of a local land development regulation, the party with standing must first bring any 8
claim that the ordinance development regulation was erroneously interpreted to the applicable 9
board of adjustment pursuant to G.S. 160D-405. An adverse ruling from the board of adjustment 10
may then be challenged in an act ion brought pursuant to this subsection with the court hearing 11
the matter de novo together with any of the claims listed in this subsection. 12
(b) Standing. – Any of the following criteria provide standing to bring an action under 13
this section: 14
(1) The person has an ownership, leasehold, or easement interest in, or possesses 15
an option or contract to purchase the property that is the subject matter of a 16
final and binding decision made by an administrative official charged with 17
applying or enforcing a land development regulation. 18
(2) The person was a development permit applicant before the decision -making 19
board whose decision is being challenged. 20
(3) The person was a development permit applicant who is aggrieved by a final 21
and binding decision of an administrati ve official charged with applying or 22
enforcing a land development regulation. 23
(4) An a ssociation, organization, society, or entity whose membership is 24
comprised of an individual or entity identified in subdivision (2) or (3) of this 25
subsection. 26
… 27
(g) Definitions. – The definitions definition of "development permit " in G.S. 143-755 28
shall apply in this section." 29
30
EXPAND PRIVATE REMEDIES FOR VIOLATIONS OF CHAPTER 160D OF THE 31
GENERAL STATUTES 32
SECTION 16. Article 14 of Chapter 160D of the General Statutes is amended by 33
adding a new section to read: 34
"§ 160D-1403.3. Private remedies. 35
In addition to any other remedy otherwise provided by law, any person with standing under 36
subdivision (2), (3), or (4) of G.S. 160D-1403.1(b) may b ring a civil action to enforce the 37
provisions of this Chapter and recover damages, costs , and disbursements, including costs of 38
investigation and reasonable attorneys' fees, and receive other equitable relief as determined by 39
the court." 40
SECTION 17. G.S. 6-21.7 reads as rewritten: 41
"§ 6-21.7. Attorneys' fees; cities or counties acting outside the scope of their authority. 42
(a) In any action in which a city or county is a party, upon a finding by the court that the 43
city or county violated a statute or case law setting forth unambiguous limits on its authority, the 44
court shall award reasonable attorneys' fees and costs to the party who successfully challenged 45
the city's or county's action. In any action in which a city or county is found to be liable under 46
G.S. 160D-1403.1, the court shall award reasonable attorneys ' fees and costs to the party who 47
successfully challenged the acts of the city or county under G.S. 160D-1403.1. 48
(b) In any action in which a city or county is a party, up on finding by the court that the 49
city or county took action inconsistent with, or in violation of, G.S. 160D-108(b) or 50
General Assembly Of North Carolina Session 2025
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G.S. 143-755, the court shall award reasonable attorneys' fees and costs to the party who 1
successfully challenged the local government's failure to comply with any of those provisions. 2
(c) In all other matters, matters not covered by subsection (a) or (b) of this section, the 3
court may award reasonable attorneys' fees and costs to the prevailing private litigant. 4
(d) For purposes of this section, "unambiguous" means that the limits of authority are not 5
reasonably susceptible to multiple constructions." 6
7
PLAN CONSISTENCY SUBJECT TO JUDICIAL REVIEW 8
SECTION 18. G.S. 160D-605(a) reads as rewritten: 9
"(a) Plan Consistency. – When adopting or rejecting any zoning text or map amendment, 10
the governing board shall approve a brief statement describing whether its action is consistent or 11
inconsistent with an adopted comprehensive or land -use plan. The requirement for a plan 12
consistency statement may also be met by a clear indication in the minutes of the governing board 13
that at the time of action on the amendment the governing board was aware of and considered 14
the planning board's recommendations and any relevant portions of an adopted comprehensive 15
or land-use plan. If a zoning map amendment is adopted and the action was deemed inconsistent 16
with the adopted plan, the zoning amendment has the effect of also amending any future land-use 17
map in the approved plan, and no additional request or application f or a plan amendment is 18
required. A plan amendment and a zoning amendment may be considered concurrently. The plan 19
consistency statement is not subject to judicial review. If a zoning map amendment qualifies as 20
a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement describing plan 21
consistency may address the overall rezoning and describe how the analysis and policies in the 22
relevant adopted plans were considered in the action taken." 23
24
REQUIRE ANNUAL PUBLICATION OF LOCAL GOVERNMENT FIN ANCIAL 25
REPORTS ON FEES ASSOCIATED WITH BUILDING CODE ENFORCEMENT 26
SECTION 19. G.S. 160D-1102(c) reads as rewritten: 27
"(c) No later than October 1 of 2023, 2024, and 2025, each year, every local government 28
shall publish an annual financial report on how it used fees from the prior fiscal year for the 29
support, administration, and implementation of its building code enforcement program as 30
required by G.S. 160D-402(d). This report is in addition to any other financial report required by 31
law." 32
33
REQUIRE THE DIVIS ION OF HIGHWAYS TO ACCEPT PERFORMANCE 34
GUARANTEES PENDING COMPLETION OF SUBDIVISION STREETS 35
SECTION 20. G.S. 136-102.6 is amended by adding a new subsection to read: 36
"(c1) Notwithstanding anything to the contrary in this section, the Division of H ighways 37
shall accept a performance guarantee as provided under G.S. 160D-804.1 to ensure completion 38
of streets that are required by a development regulation under Chapter 160D of the General 39
Statutes. On receipt of the performance guarantee, the Division of Highways shall issue a 40
certificate of approval to the municipality or county as to those streets." 41
42
PART III. SEVERABILITY/EFFECTIVE DATE 43
SECTION 21. If any provision of this act or the application thereof to any person or 44
circumstances is held invalid, such invalidity shall not affect other provisions or applications of 45
this act that can be given effect without the invalid provision or application and, to this end, the 46
provisions of this act are declared to be severable. 47
SECTION 22. Except as otherwise provided, this act becomes effective October 1, 48
2025, and applies to applications, approvals, and actions filed on or after that date. Any local 49
government ordinance in effect on, or adopted subsequent to, October 1, 2025, that is inconsistent 50
General Assembly Of North Carolina Session 2025
Senate Bill 205-Third Edition Page 19
with this act is void and unenforceable. Unless expressly stated otherwise, the provisions of this 1
act do not affect any right accrued or vested prior to its enactment. 2