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North Carolina House Bill H369

North Carolina 2025-2026 Regular Session

North Carolina House Bill H369 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 369
3+H D
4+HOUSE BILL DRH30170-NM-15
5+
56
67
78 Short Title: Parking Lot Reform and Modernization Act. (Public)
8-Sponsors: Representatives Loftis, Brody, Penny, and Dahle (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Transportation, if favorable, State and Local Government, if favorable, Rules,
11-Calendar, and Operations of the House
12-March 12, 2025
13-*H369 -v-1*
9+Sponsors: Representative Loftis.
10+Referred to:
11+
12+*DRH30170 -NM-15*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO RESTRICT LOCAL GOVERNMENTS FROM REQUIRING A MINIMUM 2
1615 NUMBER OR SIZE OF OFF-STREET PARKING SPACES , TO BAN THE FUTURE 3
1716 PURCHASE AND IMPORTATION FOR USE OF PAVEMENT SEALANTS 4
1817 CONTAINING HIGH LEVELS OF POLYCYCLIC AROMATIC HYDROCARBONS , 5
1918 AND TO CLARIFY THE LIMITS OF LOCAL ORDINANCES REGARDING 6
2019 STORMWATER REQUIREMENTS FOR REDEVELOPMENT SITES. 7
2120 The General Assembly of North Carolina enacts: 8
2221 9
2322 PART I. PROHIBITING CERTAIN ZONING AND DEVELOPMENT LIMITATIONS 10
2423 RELATED TO MOTOR VEHICLE PARKING 11
2524 SECTION 1.(a) G.S. 160D-702 reads as rewritten: 12
2625 "§ 160D-702. Grant of power. 13
2726 … 14
2827 (c) A zoning or other development regulation shall not do any of the following: 15
2928 (1) Set a minimum square footage of any structures subject to regulation under 16
3029 the North Carolina Residential Code. 17
3130 (2) Require a parking space off-street vehicular parking to meet any of the 18
3231 following criteria: 19
3332 a. be larger than 9 feet wide by 20 feet long Have a minimum width or 20
3433 length, unless the parking space is designated for handicap, parallel, 21
3534 or diagonal parking. 22
3635 b. Require a minimum number of parking spaces per development or 23
3736 structure, regardless of occupancy or use. 24
3837 (3) Require additional fire apparatus access roads into developments of one- or 25
3938 two-family dwellings that are not in compliance with the required number of 26
4039 fire apparatus access roads into developments of one- or two-family dwellings 27
4140 set forth in the Fire Code of the North Carolina Residential Code for One- and 28
4241 Two-Family Dwellings." 29
4342 SECTION 1.(b) This section becomes effective July 1, 2025. 30
4443 31
4544 PART II. BANNING THE FUTURE PURCHASE AND IMPORTATION FOR USE OF 32
4645 PAVEMENT SEALANTS CONTAINING HIGH LEVELS OF POLYCYCLIC 33
47-AROMATIC HYDROCARBON S 34 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 369-First Edition
49-SECTION 2.(a) Article 21A of Chapter 143 of the General Statutes is amended by 1
50-adding a new section to read: 2
51-"§ 143-215.77B. Limitations on products containing polycyclic aromatic hydrocarbons. 3
52-(a) The following definitions apply in this Article: 4
53-(1) High PAH sealant product. – A product, material, or substance that contains 5
54-greater than one-tenth of one percent (0.1%) (1000 ppm) PAH by weight and 6
55-is intended for use on an asphalt or concrete surface. High PAH pavement 7
56-product may contain coal tar, coal tar pitch volatiles, RT-12, refined tar, 8
57-steam-cracked petroleum residues, heavy pyrolysis oil, steam-cracked asphalt, 9
58-pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a 10
59-variation of those substances assigned the chemical abstracts service (CAS) 11
60-numbers 65996-92-1, 65996-93-2, 65996-89-6, 8007-45-2, 64742-90-1, or 12
61-69013-21-4. 13
62-(2) PAHs. – Polycyclic aromatic hydrocarbons. 14
63-(b) No person may purchase or import a high PAH sealant product for use or application 15
64-in the construction or maintenance of any parking or vehicular access area." 16
65-SECTION 2.(b) This section becomes effective January 1, 2026. 17
66- 18
67-PART III. CLARIFYING THE LIMITS OF LOCAL ORDINANCES REGARDIN G 19
68-STORMWATER REQUIREME NTS ON REDEVELOPMENT SITES 20
69-SECTION 3.(a) Subdivision (1) of G.S. 143-214.7(a1) is recodified as subdivision 21
70-(1a) of that subsection. 22
71-SECTION 3.(b) G.S. 143-214.7(a1), as amended by subsection (a) of this section, 23
72-reads as rewritten: 24
73-"(a1) Definitions. – The following definitions apply in this section: 25
74-(1) Applicable local stormwater program. – A local stormwater program that is 26
75-promulgated by a local government holding a National Pollution Discharge 27
76-Elimination Systems Municipal Separate Storm Sewer System Permit. 28
77-(1a) Development. – Any land-disturbing activity that increases the amount of 29
78-built-upon area or that otherwise decreases the infiltration of precipitation into 30
79-the subsoil. When additional development occurs at a site that has existing 31
80-development, the built-upon area of the existing development shall not be 32
81-included in the density calculations for additional stormwater control 33
82-requirements, and stormwater Stormwater control requirements cannot be 34
83-applied retroactively to existing development, unless otherwise except as set 35
84-forth in subsection (b3) of this section, or as required by federal law. 36
85-(2) Redevelopment. – Any land-disturbing activity that does not result in a net 37
86-increase in built-upon area and that provides greater or equal stormwater 38
87-control to that of the previous development. 39
88-(3) Small scale residential development. – Any single-family homes as well as 40
89-townhomes and multifamily residential developments with four or fewer 41
90-units." 42
91-SECTION 3.(c) G.S. 143-214.7(b3) reads as rewritten: 43
92-"(b3) Stormwater runoff rules and programs shall not require private property owners to 44
93-install new or increased stormwater controls for (i) preexisting development or (ii) 45
94-redevelopment activities that do not remove or decrease existing stormwater controls. preexisting 46
95-development. Local stormwater programs may not require owners undertaking the 47
96-redevelopment of a property to install new stormwater controls for preexisting built-upon area if 48
97-the redevelopment site is a small scale residential development. When a preexisting development 49
98-that is not a small scale residential development is redeveloped, either in whole or in part, 50
99-increased stormwater controls shall only be required for the amount of impervious surface being 51 General Assembly Of North Carolina Session 2025
100-House Bill 369-First Edition Page 3
101-created that exceeds the amount of impervious surface that existed before the redevelopment, 1
102-irrespective of whether the impervious surface that existed before the redevelopment is to be 2
103-demolished or relocated during the development activity. A applicable local stormwater 3
104-programs may implement mandatory stormwater capture ordinances that require owners 4
105-undertaking the redevelopment of a property to install new stormwater controls for preexisting 5
106-built-upon area to capture up to fifty percent (50%) of the final stormwater runoff calculation for 6
107-the entire property. In addition to mandatory stormwater capture ordinances, applicable local 7
108-stormwater programs may implement incentive stormwater capture ordinances that waive 8
109-building, zoning, connection, or other fees, provide additional tax and financial benefits, or 9
110-institute other incentives for redevelopments that capture additional stormwater over the local 10
111-stormwater programs' mandatory percentages. Applicable local stormwater programs may elect 11
112-to forego mandating stormwater capture controls and provide incentives to capture up to one 12
113-hundred percent (100%) of the final stormwater runoff calculation for the entire property. In 13
114-addition, a property owner may elect to treat the stormwater resulting from the net increase in 14
115-built-upon area above the preexisting development for the purpose of exceeding allowable 15
116-density under the applicable water supply watershed rules as provided in G.S. 143-214.5(d3). 16
117-This subsection applies to all local governments regardless of the source of their regulatory 17
118-authority. Local governments shall include the requirements of this subsection in their 18
119-stormwater ordinances." 19
120-SECTION 3.(d) This section is effective when it becomes law and applies to 20
121-stormwater rules and stormwater program amendments adopted on or after that date. 21
122- 22
123-PART IV. EFFECTIVE DATE 23
124-SECTION 4. Except as otherwise provided, this act is effective when it becomes 24
125-law. 25
46+AROMATIC HYDROCARBONS 34
47+SECTION 2.(a) Article 21A of Chapter 143 of the General Statutes is amended by 35
48+adding a new section to read: 36
49+H.B. 369
50+Mar 11, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30170-NM-15
53+"§ 143-215.77B. Limitations on products containing polycyclic aromatic hydrocarbons. 1
54+(a) The following definitions apply in this Article: 2
55+(1) High PAH sealant product. – A product, material, or substance that contains 3
56+greater than one-tenth of one percent (0.1%) (1000 ppm) PAH by weight and 4
57+is intended for use on an asphalt or concrete surface. High PAH pavement 5
58+product may contain coal tar, coal tar pitch volatiles, RT-12, refined tar, 6
59+steam-cracked petroleum residues, heavy pyrolysis oil, steam-cracked asphalt, 7
60+pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a 8
61+variation of those substances assigned the chemical abstracts service (CAS) 9
62+numbers 65996-92-1, 65996-93-2, 65996-89-6, 8007-45-2, 64742-90-1, or 10
63+69013-21-4. 11
64+(2) PAHs. – Polycyclic aromatic hydrocarbons. 12
65+(b) No person may purchase or import a high PAH sealant product for use or application 13
66+in the construction or maintenance of any parking or vehicular access area." 14
67+SECTION 2.(b) This section becomes effective January 1, 2026. 15
68+ 16
69+PART III. CLARIFYING THE LIMITS OF LOCAL ORDINANCES REGARDING 17
70+STORMWATER REQUIREMENTS ON REDEVELOPMENT SITES 18
71+SECTION 3.(a) Subdivision (1) of G.S. 143-214.7(a1) is recodified as subdivision 19
72+(1a) of that subsection. 20
73+SECTION 3.(b) G.S. 143-214.7(a1), as amended by subsection (a) of this section, 21
74+reads as rewritten: 22
75+"(a1) Definitions. – The following definitions apply in this section: 23
76+(1) Applicable local stormwater program. – A local stormwater program that is 24
77+promulgated by a local government holding a National Pollution Discharge 25
78+Elimination Systems Municipal Separate Storm Sewer System Permit. 26
79+(1a) Development. – Any land-disturbing activity that increases the amount of 27
80+built-upon area or that otherwise decreases the infiltration of precipitation into 28
81+the subsoil. When additional development occurs at a site that has existing 29
82+development, the built-upon area of the existing development shall not be 30
83+included in the density calculations for additional stormwater control 31
84+requirements, and stormwater Stormwater control requirements cannot be 32
85+applied retroactively to existing development, unless otherwise except as set 33
86+forth in subsection (b3) of this section, or as required by federal law. 34
87+(2) Redevelopment. – Any land-disturbing activity that does not result in a net 35
88+increase in built-upon area and that provides greater or equal stormwater 36
89+control to that of the previous development. 37
90+(3) Small scale residential development. – Any single-family homes as well as 38
91+townhomes and multifamily residential developments with four or fewer 39
92+units." 40
93+SECTION 3.(c) G.S. 143-214.7(b3) reads as rewritten: 41
94+"(b3) Stormwater runoff rules and programs shall not require private property owners to 42
95+install new or increased stormwater controls for (i) preexisting development or (ii) 43
96+redevelopment activities that do not remove or decrease existing stormwater controls. preexisting 44
97+development. Local stormwater programs may not require owners undertaking the 45
98+redevelopment of a property to install new stormwater controls for preexisting built-upon area if 46
99+the redevelopment site is a small scale residential development. When a preexisting development 47
100+that is not a small scale residential development is redeveloped, either in whole or in part, 48
101+increased stormwater controls shall only be required for the amount of impervious surface being 49
102+created that exceeds the amount of impervious surface that existed before the redevelopment, 50
103+irrespective of whether the impervious surface that existed before the redevelopment is to be 51 General Assembly Of North Carolina Session 2025
104+DRH30170-NM-15 Page 3
105+demolished or relocated during the development activity. A applicable local stormwater 1
106+programs may implement mandatory stormwater capture ordinances that require owners 2
107+undertaking the redevelopment of a property to install new stormwater controls for preexisting 3
108+built-upon area to capture up to fifty percent (50%) of the final stormwater runoff calculation for 4
109+the entire property. In addition to mandatory stormwater capture ordinances, applicable local 5
110+stormwater programs may implement incentive stormwater capture ordinances that waive 6
111+building, zoning, connection, or other fees, provide additional tax and financial benefits, or 7
112+institute other incentives for redevelopments that capture additional stormwater over the local 8
113+stormwater programs' mandatory percentages. Applicable local stormwater programs may elect 9
114+to forego mandating stormwater capture controls and provide incentives to capture up to one 10
115+hundred percent (100%) of the final stormwater runoff calculation for the entire property. In 11
116+addition, a property owner may elect to treat the stormwater resulting from the net increase in 12
117+built-upon area above the preexisting development for the purpose of exceeding allowable 13
118+density under the applicable water supply watershed rules as provided in G.S. 143-214.5(d3). 14
119+This subsection applies to all local governments regardless of the source of their regulatory 15
120+authority. Local governments shall include the requirements of this subsection in their 16
121+stormwater ordinances." 17
122+SECTION 3.(d) This section is effective when it becomes law and applies to 18
123+stormwater rules and stormwater program amendments adopted on or after that date. 19
124+ 20
125+PART IV. EFFECTIVE DATE 21
126+SECTION 4. Except as otherwise provided, this act is effective when it becomes 22
127+law. 23