North Carolina 2025-2026 Regular Session

North Carolina House Bill H281 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 281
3+H D
4+HOUSE BILL DRH10121-MQ-31
5+
56
67
78 Short Title: Restore Down-Zoning/Multiple Municipalities. (Local)
89 Sponsors: Representative Cairns.
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Judiciary 3, if favorable, Housing and Development, if favorable, Rules, Calendar,
11-and Operations of the House
12-March 5, 2025
13-*H281 -v-1*
10+Referred to:
11+
12+*DRH10121 -MQ-31*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN -ZONING IN 2
1615 MOREHEAD CITY, THE TOWN OF BEAUFORT, THE TOWN OF BOGUE, THE 3
1716 TOWN OF CAPE CARTERET, THE TOWN OF CEDAR POINT, AND THE TOWN OF 4
1817 NEWPORT. 5
1918 The General Assembly of North Carolina enacts: 6
2019 SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1(a) of S.L. 2024-57, 7
2120 reads as rewritten: 8
2221 "(d) Down-Zoning. – No amendment to zoning regulations or a zoning map that 9
2322 down-zones property shall be initiated, enacted, or enforced initiated nor is it enforceable without 10
2423 the written consent of all property owners whose property is the subject of the down-zoning 11
2524 amendment. amendment, unless the down-zoning amendment is initiated by the local 12
2625 government. For purposes of this section, "down-zoning" means a zoning ordinance that affects 13
2726 an area of land in one of the following ways: 14
2827 (1) By decreasing the development density of the land to be less dense than was 15
2928 allowed under its previous usage. 16
3029 (2) By reducing the permitted uses of the land that are specified in a zoning 17
3130 ordinance or land development regulation to fewer uses than were allowed 18
3231 under its previous usage. 19
3332 (3) By creating any type of nonconformity on land not in a residential zoning 20
3433 district, including a nonconforming use, nonconforming lot, nonconforming 21
3534 structure, nonconforming improvement, or nonconforming site element." 22
3635 SECTION 2.(a) This act applies only to the municipality of Morehead City and the 23
3736 Towns of Beaufort, Bogue, Cape Carteret, Cedar Point, and Newport. 24
3837 SECTION 2.(b) This act is effective when it becomes law and applies retroactively 25
3938 to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024-57 shall 26
4039 be in effect as it was on or before December 11, 2024. 27
40+H.B. 281
41+Mar 4, 2025
42+HOUSE PRINCIPAL CLERK