GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10360-LM-102
Short Title: Unauthorized Public Camping & Sleeping. (Public)
Sponsors: Representative Biggs.
Referred to:
*DRH10360 -LM-102*
A BILL TO BE ENTITLED 1
AN ACT BANNING UNAUTHORIZED PUBLIC CAMPING OR SLEEPING IN THE STATE 2
AND LOCAL GOVERNMENT UNITS OF THE STATE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 9 of Chapter 160D of the General Statutes is amended by 5
adding a new section to read: 6
"§ 160D-917. Camping in public spaces. 7
(a) For purposes of this section, the following definitions shall apply: 8
(1) Department. – The North Carolina Department of Health and Human Services 9
(DHHS) or the county health department if designated by DHHS. 10
(2) Local government unit. – A county or municipality. 11
(3) Public camping or sleeping. – Lodging or residing overnight in a temporary 12
outdoor habitation used as a dwelling or living space and evidenced by the 13
erection of a tent or other temporary shelter, the presence of bedding or 14
pillows, or the storage of personal belongings or lodging or residing overnight 15
in an outdoor space without a tent or other temporary shelter. The term does 16
not include (i) lodging or residing overnight in a motor vehicle that is 17
registered, insured, and located in a place where it may be lawfully or (ii) 18
camping for recreational purposes on property designated for those purposes. 19
(b) Except as provided in subsection (c) of this section, a local government unit 20
(hereinafter "unit") may not authorize or otherwise allow any person to regularly engage in public 21
camping or sleeping on any public property, including, but not limited to, any public building or 22
its grounds and any public right-of-way under the jurisdiction of the unit. 23
(c) The governing body of a unit may, by majority vote, designate property owned by the 24
unit within its jurisdictional boundaries to be used for a continuous period of no longer than one 25
year for the purposes of public camping or sleeping. Except for a unit on the "unit list" prepared 26
by the Local Government Commission, the unit shall, in making the designation, establish and 27
maintain minimum standards and procedures related to the designated property for the purposes 28
of: 29
(1) Ensuring the safety and security of the designated property and the persons 30
lodging or residing on the property. 31
(2) Maintaining sanitation, which must, at a minimum, include providing access 32
to clean and operable restrooms and running water. 33
(3) Coordinating with the county health department to provide access to 34
behavioral health services, which must include substance abuse and mental 35
health treatment resources. 36
H.B. 781
Apr 3, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10360-LM-102
(4) Prohibiting illegal substance use and alcohol use on the designated property 1
and enforcing the prohibition against such use. 2
(d) The unit's designation of property under subsection (c) of this section shall not 3
become effective until it has been certified by the Department. To obtain the certification, the 4
unit shall submit a request to the Secretary of the Department which shall include documentation 5
proving all of the following: 6
(1) There are not sufficient open beds in homeless shelters in the unit for the 7
homeless population of the unit. 8
(2) The designated property is not contiguous to property zoned for residential 9
use by the unit. 10
(3) The designated property would not adversely and materially affect the 11
property value or safety and security of other existing residential or 12
commercial property in the unit and would not negatively affect the safety of 13
children. 14
(4) The unit has developed a plan to satisfy the minimum standards and 15
procedures prescribed in subsection (c) of this section. 16
(e) Within 10 days after receipt of a request to certify a designation, the Department shall 17
notify the unit of the date the request was received and of any omissions or errors in the request. 18
The Department shall certify the designation within 45 days after receipt of a complete 19
submission from the unit, and the designation shall be deemed certified on the forty-fifth day if 20
the Department takes no action. 21
(f) Within 30 days after certification of a designation by the Department, the unit shall 22
publish the minimum standards and procedures required by subsection (c) of this section on the 23
unit's website. The unit shall continue to make the standards and procedures publicly available 24
for as long as any unit property remains designated under subsection (d) of this section. 25
(g) The Department may inspect any designated property at any time, and the Department 26
shall provide notice to the unit recommending closure of the designated property if the 27
requirements of this section are no longer satisfied. A unit shall publish any notice recommending 28
closure on the unit's website not later than five business days after receipt of the notice. 29
(h) Any resident of the unit, any owner of a business located in the unit, or the Attorney 30
General may bring a civil action in any court of competent jurisdiction against the unit to enjoin 31
a violation of subsection (b) of this section. If the resident or business owner prevails in a civil 32
action, the court may award reasonable expenses incurred in bringing the civil action, including 33
court costs, reasonable attorneys' fees, investigative costs, witness fees, and deposition costs. An 34
application for an injunction under this subsection shall be accompanied by an affidavit attesting 35
to all of the following: 36
(1) The applicant has provided written notice of the alleged violation to the 37
governing body of the unit. 38
(2) The applicant has provided the unit with five business days to cure the alleged 39
violation. 40
(3) The county or municipality has failed to take all reasonable actions within its 41
governmental powers to cure the alleged violation within five business days 42
after receiving written notice of the alleged violation from the applicant. 43
(i) This section does not apply during any time period in which: 44
(1) The Governor has declared a state of emergency pursuant to G.S. 166A-19.20. 45
(2) A unit has declared a state of emergency pursuant to G.S. 166A-19.22." 46
SECTION 2. This act becomes effective October 1, 2025. 47