Restore Down-Zoning Auth/Various Counties.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 828

Short Title: Restore Down-Zoning Auth/Various Counties. (Local)
Sponsors: Senator Burgin (Primary Sponsor).
Referred to: Rules and Operations of the Senate
April 23, 2026
*S828-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RESTORE TH E AUTHORITY FOR HARN ETT, LEE, AND SAMPSO N 2
COUNTIES TO INITIATE DOWN-ZONING. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1 of S.L. 2024-57, reads 5
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 8
without the written consent of all property owners whose property is the su bject of the 9
down-zoning amendment. amendment, unless the down -zoning amendment is initiated by the 10
local government. For purposes of this section, "down -zoning" means a zoning ordinance that 11
affects 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 than 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 Harnett, Lee, and Sampson Counties. 21
SECTION 2.(b) This act is effective when it becomes law and applies retroactively 22
to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024 -57 shall 23
be in effect as it was on or before December 11, 2024. 24