North Carolina 2025-2026 Regular Session

North Carolina House Bill H627 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 627
3+H D
4+HOUSE BILL DRH30253-MQ-97
5+
56
67
78 Short Title: Regulation of Accessory Dwelling Units. (Public)
8-Sponsors: Representatives Alston and Winslow (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Housing and Development, if favorable, Regulatory Reform, if favorable, Rules,
11-Calendar, and Operations of the House
12-April 2, 2025
13-*H627 -v-1*
9+Sponsors: Representative Alston.
10+Referred to:
11+
12+*DRH30253 -MQ-97*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO INCREASE AFFORDABLE HOUSING BY ALLOWING FOR THE 2
1615 CONSTRUCTION OR SITING OF ACCESSORY DWELLING UNITS. 3
1716 The General Assembly of North Carolina enacts: 4
1817 SECTION 1.(a) Part 1 of Article 9 of Chapter 160D of the General Statutes is 5
1918 amended by adding a new section to read: 6
2019 "ยง 160D-917. Accessory dwelling units. 7
2120 (a) A local government shall allow the development of at least one accessory dwelling 8
2221 unit which conforms to the North Carolina Residential Code for One- and Two-Family 9
2322 Dwellings, including applicable provisions from fire prevention codes, for each single-family 10
2423 detached dwelling in areas zoned for residential use that allow for development of single-family 11
2524 detached dwellings. An accessory dwelling unit may be built or sited concurrently or after the 12
2625 primary single-family detached dwelling has been constructed or sited. Nothing in this section 13
2726 shall prohibit a local government from permitting accessory dwelling units in any area not 14
2827 otherwise required under this section. 15
2928 (b) In permitting accessory dwelling units under this section, a local government shall 16
3029 not do any of the following: 17
3130 (1) Prohibit the use of the primary single-family detached dwelling and the 18
3231 accessory dwelling for long-term rentals by separate households. 19
3332 (2) Require placement in a conditional zoning district. 20
3433 (3) Establish minimum parking requirements or other parking restrictions, 21
3534 including imposition of additional parking requirements where an existing 22
3635 structure is converted for use as an accessory dwelling unit. 23
3736 (4) Prohibit the connection of the accessory dwelling unit to existing utilities 24
3837 systems serving the primary single-family detached dwelling, provided the 25
3938 utility service to that primary single-family detached dwelling has capacity to 26
4039 serve both dwellings. 27
4140 (5) Charge any fees in excess of those charged for the permitting of a 28
4241 single-family detached dwelling similar in nature. 29
4342 (6) Set a maximum accessory dwelling unit size of less than 800 square feet. 30
4443 (c) A local government may do any of the following: 31
4544 (1) Impose a setback minimum for accessory dwelling units of 10 feet or the 32
4645 setback minimum imposed generally upon lots in the same zoning 33
47-classification, whichever is less. 34 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 627-First Edition
49-(2) Require that accessory dwelling units be located to the side or rear of the 1
50-primary single-family detached dwelling. 2
51-(3) Require that accessory dwelling units be smaller than the primary 3
52-single-family detached dwelling. 4
53-(d) Except as otherwise provided in this section, a local government may regulate 5
54-accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed 6
55-to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 7
56-of this Article to comply with State and federal law, rules, and regulations, or permits consistent 8
57-with the interpretations and directions of the State or federal agency issuing the permit. 9
58-(e) Nothing in this section shall apply to any of the following: 10
59-(1) The validity or enforceability of private covenants or other contractual 11
60-agreements among property owners related to dwelling type restrictions. 12
61-(2) Properties located in a historic preservation district established pursuant to 13
62-Part 4 of this Article. 14
63-(3) Properties designated as a National Historic Landmark by the United States 15
64-Department of Interior. 16
65-(4) An accessory dwelling unit that is not connected to water and sewer. 17
66-(f) For the purposes of this section, the term "accessory dwelling unit" means an attached 18
67-or detached residential structure that is used in connection with, or that is an accessory to, a 19
68-primary single-family detached dwelling and that has less total square footage than the primary 20
69-single-family detached dwelling." 21
70-SECTION 1.(b) This section becomes effective October 1, 2025, and applies to 22
71-applications for accessory dwelling unit permits submitted on or after that date. 23
72-SECTION 1.(c) A local government that has enacted an ordinance that meets the 24
73-requirements of this act and G.S. 160D-917, as enacted by this act, is not required to adopt a new 25
74-ordinance. 26
75-SECTION 2. Local governments shall adopt development regulations to implement 27
76-the provisions in this act no later than January 1, 2027. If a local government fails to adopt 28
77-development regulations as required by this act by January 1, 2027, accessory dwelling units 29
78-shall be allowed in that local government without any limitations. 30
79-SECTION 3. Except as otherwise provided, this act is effective when it becomes 31
80-law. 32
46+classification, whichever is less. 34
47+(2) Require that accessory dwelling units be located to the side or rear of the 35
48+primary single-family detached dwelling. 36
49+H.B. 627
50+Mar 31, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30253-MQ-97
53+(3) Require that accessory dwelling units be smaller than the primary 1
54+single-family detached dwelling. 2
55+(d) Except as otherwise provided in this section, a local government may regulate 3
56+accessory dwelling units pursuant to this Chapter and nothing in this section shall be construed 4
57+to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 5
58+of this Article to comply with State and federal law, rules, and regulations, or permits consistent 6
59+with the interpretations and directions of the State or federal agency issuing the permit. 7
60+(e) Nothing in this section shall apply to any of the following: 8
61+(1) The validity or enforceability of private covenants or other contractual 9
62+agreements among property owners related to dwelling type restrictions. 10
63+(2) Properties located in a historic preservation district established pursuant to 11
64+Part 4 of this Article. 12
65+(3) Properties designated as a National Historic Landmark by the United States 13
66+Department of Interior. 14
67+(4) An accessory dwelling unit that is not connected to water and sewer. 15
68+(f) For the purposes of this section, the term "accessory dwelling unit" means an attached 16
69+or detached residential structure that is used in connection with, or that is an accessory to, a 17
70+primary single-family detached dwelling and that has less total square footage than the primary 18
71+single-family detached dwelling." 19
72+SECTION 1.(b) This section becomes effective October 1, 2025, and applies to 20
73+applications for accessory dwelling unit permits submitted on or after that date. 21
74+SECTION 1.(c) A local government that has enacted an ordinance that meets the 22
75+requirements of this act and G.S. 160D-917, as enacted by this act, is not required to adopt a new 23
76+ordinance. 24
77+SECTION 2. Local governments shall adopt development regulations to implement 25
78+the provisions in this act no later than January 1, 2027. If a local government fails to adopt 26
79+development regulations as required by this act by January 1, 2027, accessory dwelling units 27
80+shall be allowed in that local government without any limitations. 28
81+SECTION 3. Except as otherwise provided, this act is effective when it becomes 29
82+law. 30