North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S519 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 519
	3	+	S D
	4	+	SENATE BILL DRS15230-MWf-27A
	5	+
5	6
6	7
7	8		Short Title: Transportation for the Future Act. (Public)
8	9		Sponsors: Senators Meyer and Murdock (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S519 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15230 -MWf-27A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO MODERNIZE NORTH CAROLINA TRANSPORTATION SPENDING TO PUT 2
14	15		TAXPAYER DOLLARS TO EFFECTIVE USE AND TO GIVE OUR COMMUNITIES 3
15	16		THE TOOLS THEY NEED TO CREATE SAFE AND SUSTAINABLE MULTIMODAL 4
16	17		TRANSPORTATION SYSTEMS FOR THE FUTURE . 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		SECTION 1. This act shall be known as the "Transportation for the Future Act." 7
19	20		SECTION 2. G.S. 136-189.10 reads as rewritten: 8
20	21		"§ 136-189.10. Definitions. 9
21	22		The following definitions apply in this Article: 10
22	23		… 11
23	24		(2) Division needs projects. – Includes only the following: 12
24	25		… 13
25	26		e. Public transportation service not included in subdivision (3) or (4) of 14
26	27		this section. This sub-subdivision includes bus rapid transit, commuter 15
27	28		rail, intercity rail, and light rail. Nothing in this sub-subdivision shall 16
28	29		be construed as authorizing total State funding in excess of the 17
29	30		maximum established in sub-subdivision g. of subdivision (3) of this 18
30	31		section for commuter rail and light rail projects. 19
31	32		… 20
32	33		g. Federally funded independent bicycle Bicycle and pedestrian 21
33	34		improvements. 22
34	35		… 23
35	36		(3) Regional impact projects. – Includes only the following: 24
36	37		… 25
37	38		f. Rail lines that span two or more counties not included in subdivision 26
38	39		(4) of this section. This sub-subdivision does not include short-line 27
39	40		railroads.Rail lines. 28
40	41		g. Public transportation service that spans two or more counties and that 29
41	42		serves more than one municipality. Programmed funds pursuant to this 30
42	43		sub-subdivision shall not exceed ten percent (10%) of any distribution 31
43	44		region allocation. service. This sub-subdivision includes bus rapid 32
44	45		transit, commuter rail, intercity rail, and light rail. Total State funding 33
45	46		for a commuter rail or light rail project shall not exceed the lesser of 34
46	47		ten percent (10%) of the distribution region allocation or ten percent 35
47		-	(10%) of the estimated total project costs used during the prioritization 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 519-First Edition
	48	+	(10%) of the estimated total project costs used during the prioritization 36
	49	+	FILED SENATE
	50	+	Mar 25, 2025
	51	+	S.B. 519
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15230-MWf-27A
49	54		scoring process. The State shall not be responsible or liable for any 1
50	55		project costs in excess of the maximum established under this 2
51	56		sub-subdivision. Any agreement entered into by the State to fund a 3
52	57		commuter rail or light rail project shall include language setting out 4
53	58		the limitations set forth in this sub-subdivision. 5
54	59		h. Bicycle and pedestrian improvements. 6
55	60		(4) Statewide strategic mobility projects. – Includes only the following: 7
56	61		… 8
57	62		i. Public transportation service that spans two or more counties or that 9
58	63		serves more than one municipality. This sub-subdivision includes bus 10
59	64		rapid transit, commuter rail, intercity rail, and light rail. 11
60	65		j. Bicycle and pedestrian improvements that span two or more counties 12
61	66		or that serve more than one municipality." 13
62	67		SECTION 3. G.S. 136-189.11 reads as rewritten: 14
63	68		"§ 136-189.11. Transportation Investment Strategy Formula. 15
64	69		… 16
65	70		(b) Funds Excluded From Formula. – The following funds are not subject to this section: 17
66	71		(1) Federal congestion mitigation and air quality improvement program funds 18
67	72		appropriated to the State by the United States pursuant to 23 U.S.C. § 19
68	73		104(b)(2) and 23 U.S.C. § 149. 20
69	74		(1a) Federal Carbon Reduction Program formula funds appropriated to the State. 21
70	75		(2) Funds received through competitive awards or discretionary grants through 22
71	76		federal appropriations either for local governments, transportation authorities, 23
72	77		transit authorities, or the Department. 24
73	78		(3) Funds received from the federal government that under federal law may only 25
74	79		be used for Appalachian Development Highway System projects. 26
75	80		(4) Funds used in repayment of "GARVEE" bonds related to Phase I of the 27
76	81		Yadkin River Veterans Memorial Bridge project. 28
77	82		(5) Funds committed to gap funding for toll roads funded with bonds issued 29
78	83		pursuant to G.S. 136-176. 30
79	84		(6) Funds obligated for projects in the State Transportation Improvement 31
80	85		Program that are scheduled for construction as of October 1, 2013, in State 32
81	86		fiscal year 2012-2013, 2013-2014, or 2014-2015. 33
82	87		(7) Toll collections from a turnpike project under Article 6H of this Chapter and 34
83	88		other revenue from the sale of the Authority's bonds or notes or project loans, 35
84	89		in accordance with G.S. 136-89.192. 36
85	90		(8) Toll collections from the State-maintained ferry system collected under the 37
86	91		authority of G.S. 136-82. 38
87	92		(9) Federal State Planning and Research Program funds (23 U.S.C. § 505) and 39
88	93		Metropolitan Planning funds (23 U.S.C. §§ 104 and 134). 40
89	94		(10) Federal Lands Access Program funds received by the State pursuant to 23 41
90	95		U.S.C. § 204. 42
91	96		(11) Funds advanced pursuant to G.S. 136-186. 43
92	97		(12) Funds appropriated to the North Carolina State Ports Authority for the 44
93	98		purposes described in G.S. 136-176(b3). 45
94	99		(13) Federal Surface Transportation Program-Direct Attributable funds expended 46
95	100		on eligible projects. 47
96	101		(b1) Funds Excluded From Regional Impact Project Category. – Federal Surface 48
97	102		Transportation Program-Direct Attributable funds expended on eligible projects in the Regional 49
98	103		Impact Project category are excluded from that category. 50
99	104		… 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 519-First Edition~~ Page 3
	105	+	DRS15230-MWf-27A Page 3
101	106		(d) Transportation Investment Strategy Formula. – Funds subject to the Formula shall be 1
102	107		distributed as follows:follows, with at least twenty percent (20%) of the funds distributed to 2
103	108		non-highway projects: 3
104	109		(1) Statewide Strategic Mobility Projects. – Forty percent (40%) Thirty percent 4
105	110		(30%) of the funds subject to this section shall be used for Statewide Strategic 5
106	111		Mobility Projects: 6
107	112		a. Criteria. – Transportation-related quantitative criteria shall be used by 7
108	113		the Department to rank highway projects that address cost-effective 8
109	114		Statewide Strategic Mobility needs and promote economic and 9
110	115		employment growth. The criteria for selection of Statewide Strategic 10
111	116		Mobility Projects shall utilize a numeric scale of 100 points, based on 11
112	117		consideration of the following quantitative criteria: 12
113	118		1. Benefit cost. 13
114	119		2. Congestion. 14
115	120		3. Safety. 15
116	121		4. Economic competitiveness. 16
117	122		5. Freight. 17
118	123		6. Multimodal. 18
119	124		7. Pavement Infrastructure condition. 19
120	125		8. Lane width. 20
121	126		9. Shoulder width. 21
122	127		10. Accessibility and connectivity to employment centers, 22
123	128		essential services, tourist destinations, or military installations. 23
124	129		11. Vehicle miles traveled. 24
125	130		12. Environmental quality. 25
126	131		… 26
127	132		(2) Regional Impact Projects. – Thirty percent (30%) Forty percent (40%) of the 27
128	133		funds subject to this section shall be used for Regional Impact Projects and 28
129	134		allocated by population of Distribution Regions based on the most recent 29
130	135		estimates certified by the Office of State Budget and Management: 30
131	136		a. Criteria. – A combination of transportation-related quantitative 31
132	137		criteria, qualitative criteria, and local input shall be used to rank 32
133	138		Regional Impact Projects involving highways projects that address 33
134	139		cost-effective needs from a region-wide perspective and promote 34
135	140		economic growth. Local input is defined as the rankings identified by 35
136	141		the Department's Transportation Division Engineers, Metropolitan 36
137	142		Planning Organizations, and Rural Transportation Planning 37
138	143		Organizations. Transportation Division Engineer local input scoring 38
139	144		shall take into account public comments. The Department shall ensure 39
140	145		that the public has a full opportunity to submit public comments, by 40
141	146		widely available notice to the public, an adequate time period for input, 41
142	147		and public hearings. Board of Transportation input shall be in 42
143	148		accordance with G.S. 136-189.11(g)(1) and G.S. 143B-350(g). The 43
144	149		criteria utilized for selection of Regional Impact Projects shall be 44
145	150		based thirty percent (30%) on local input and seventy percent (70%) 45
146	151		on consideration of a numeric scale of 100 points based on the 46
147	152		following quantitative criteria: 47
148	153		1. Benefit cost. 48
149	154		2. Congestion. 49
150	155		3. Safety. 50
151	156		4. Freight. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~Senate Bill 519-First Edition~~
	157	+	Page 4 DRS15230-MWf-27A
153	158		5. Multimodal. 1
154	159		6. Pavement Infrastructure condition. 2
155	160		7. Lane width. 3
156	161		8. Shoulder width. 4
157	162		9. Accessibility and connectivity to employment centers, 5
158	163		essential services, tourist destinations, or military installations. 6
159	164		10. Vehicle miles traveled reductions. 7
160	165		11. Environmental quality. 8
161	166		(3) Division Need Projects. – Thirty percent (30%) of the funds subject to this 9
162	167		section shall be allocated in equal share to each of the Department divisions, 10
163	168		as defined in G.S. 136-14.1, and used for Division Need Projects: 11
164	169		a. Criteria. – A combination of transportation-related quantitative 12
165	170		criteria, qualitative criteria, and local input shall be used to rank 13
166	171		Division Need Projects involving highways that address cost-effective 14
167	172		needs from a Division-wide perspective, provide access, and address 15
168	173		safety-related needs of local communities. Local input is defined as 16
169	174		the rankings identified by the Department's Transportation Division 17
170	175		Engineers, Metropolitan Planning Organizations, and Rural 18
171	176		Transportation Planning Organizations. Transportation Division 19
172	177		Engineer local input scoring shall take into account public comments. 20
173	178		The Department shall ensure that the public has a full opportunity to 21
174	179		submit public comments, by widely available notice to the public, an 22
175	180		adequate time period for input, and public hearings. Board of 23
176	181		Transportation input shall be in accordance with 24
177	182		G.S. 136-189.11(g)(1) and G.S. 143B-350(g). The criteria utilized for 25
178	183		selection of Division Need Projects shall be based fifty percent (50%) 26
179	184		thirty percent (30%) on local input and fifty percent (50%) seventy 27
180	185		percent (70%) on consideration of a numeric scale of 100 points based 28
181	186		on the following quantitative criteria, except as provided in 29
182	187		sub-subdivision b. of this subdivision: 30
183	188		1. Benefit cost. 31
184	189		2. Congestion. 32
185	190		3. Safety. 33
186	191		4. Freight. 34
187	192		5. Multimodal. 35
188	193		6. Pavement Infrastructure condition. 36
189	194		7. Lane width. 37
190	195		8. Shoulder width. 38
191	196		9. Accessibility and connectivity to employment centers, 39
192	197		essential services, tourist destinations, or military installations. 40
193	198		10. Vehicle miles traveled reductions. 41
194	199		11. Environmental quality. 42
195	200		b. Alternate criteria. – Funding from the following programs shall be 43
196	201		included in the computation of each of the Department division equal 44
197	202		shares but shall be subject to alternate quantitative criteria: 45
198	203		1. Federal Surface Transportation Program-Direct Attributable 46
199	204		funds expended on eligible projects in the Division Need 47
200	205		Projects category. 48
201	206		2. Federal Transportation Alternatives funds appropriated to the 49
202	207		State. 50 General Assembly Of North Carolina Session 2025
203		-	~~Senate Bill 519-First Edition~~ Page 5
	208	+	DRS15230-MWf-27A Page 5
204	209		3. Federal Railway-Highway Crossings Program funds 1
205	210		appropriated to the State. 2
206	211		3a. Federal National Electric Vehicle Infrastructure (NEVI) 3
207	212		Program formula funds appropriated to the State. 4
208	213		4. Projects requested from the Department in support of a 5
209	214		time-critical job creation opportunity, provided that (i) the 6
210	215		Department investment for all projects funded under this 7
211	216		sub-sub-subdivision in any five-year period shall not exceed 8
212	217		one hundred million dollars ($100,000,000) in the aggregate, 9
213	218		(ii) the amount of funding associated with a project under this 10
214	219		sub-sub-subdivision does not exceed the lesser of ten million 11
215	220		dollars ($10,000,000) and the greater of ten thousand dollars 12
216	221		($10,000) per job created or ten percent (10%) of the amount 13
217	222		of private investment associated with the project, (iii) the 14
218	223		Department ensures that funding under this 15
219	224		sub-sub-subdivision, when combined with any other grants, 16
220	225		does not result in the costs of the project to the State 17
221	226		outweighing its total benefits and determines that the funding 18
222	227		is necessary for completion of the project in this State. Upon 19
223	228		the release of a State Transportation Improvement Program, 20
224	229		the Department shall submit a report to the Joint Legislative 21
225	230		Transportation Oversight Committee detailing the projects 22
226	231		funded under this sub-sub-subdivision. 23
227	232		5. Federal funds for municipal road projects. 24
228	233		c. Bicycle and pedestrian limitation. – The Department shall not provide 25
229	234		financial support for independent bicycle and pedestrian improvement 26
230	235		projects, except for federal funds administered by the Department for 27
231	236		that purpose. This sub-subdivision shall not apply to funds allocated 28
232	237		to a municipality pursuant to G.S. 136-41.1 that are committed by the 29
233	238		municipality as matching funds for federal funds administered by the 30
234	239		Department and used for bicycle and pedestrian improvement projects. 31
235	240		This limitation shall not apply to funds authorized for projects in the 32
236	241		State Transportation Improvement Program that are scheduled for 33
237	242		construction as of October 1, 2013, in State fiscal year 2012-2013, 34
238	243		2013-2014, or 2014-2015. 35
239	244		(4) Criteria for nonhighway projects. – Nonhighway projects subject to this 36
240	245		subsection shall be evaluated through a separate prioritization process 37
241	246		established by the Department that complies with all of the following: 38
242	247		a. The criteria used for selection of projects for a particular transportation 39
243	248		mode shall be based on a minimum of four quantitative criteria. 40
244	249		b. Local input shall include rankings of projects identified by the 41
245	250		Department's Transportation Division Engineers, Metropolitan 42
246	251		Planning Organizations, and Rural Transportation Planning 43
247	252		Organizations. Transportation Division Engineer local input scoring 44
248	253		shall take into account public comments. The Department shall ensure 45
249	254		that the public has a full opportunity to submit public comments, by 46
250	255		widely available notice to the public, an adequate time period for input, 47
251	256		and public hearings. Board of Transportation input shall be in 48
252	257		accordance with G.S. 136-189.11(g)(1) and G.S. 143B-350(g). 49 General Assembly Of North Carolina Session 2025
253		-	Page 6 ~~Senate Bill 519-First Edition~~
	258	+	Page 6 DRS15230-MWf-27A
254	259		c. The criteria shall be based on a scale not to exceed 100 points that 1
255	260		includes no bonus points or other alterations favoring any particular 2
256	261		mode of transportation. 3
257	262		(d1) Additional Requirement for High-Cost Projects. – State funding may not be expended 4
258	263		for a light rail project until a written agreement is provided to the Department establishing that 5
259	264		all non-State funding necessary to construct the project has been committed. 6
260	265		… 7
261	266		(e) Authorized Formula Variance. – The Department may vary from the Formula set forth 8
262	267		in this section if it complies with the following: 9
263	268		(1) Limitation on variance. – The Department, in obligating funds in accordance 10
264	269		with this section, shall ensure that the percentage amount obligated to 11
265	270		Statewide Strategic Mobility Projects, Regional Impact Projects, and Division 12
266	271		Need Projects does not vary by more than fifteen percent (15%) ten percent 13
267	272		(10%) over any five-year period and ten percent (10%) five percent (5%) over 14
268	273		any 10-year period from the percentage required to be allocated to each of 15
269	274		those categories by this section. Funds obligated among distribution regions 16
270	275		or divisions pursuant to this section may vary up to fifteen percent (15%) ten 17
271	276		percent (10%) over any five-year period and ten percent (10%) five percent 18
272	277		(5%) over any 10-year period. 19
273	278		… 20
274	279		(f) Incentives for Local Funding and Highway Tolling. – The Department may revise 21
275	280		highway project selection ratings based on local government funding initiatives and capital 22
276	281		construction funding directly attributable to highway toll revenue. Projects authorized for 23
277	282		construction after November 1, 2013, and contained in the 10-year Department of Transportation 24
278	283		work program are eligible for a bonus allocation under this subsection: 25
279	284		… 26
280	285		(2) Funds obtained from local government funding participation. – Upon 27
281	286		authorization to construct a project with funds obtained by local government 28
282	287		funding participation, the Department shall make available for allocation as 29
283	288		set forth in subdivision (4) of this section an amount equal to one-half of the 30
284	289		local funding commitment for other eligible highway projects that serve the 31
285	290		local entity or entities that provided the local funding. 32
286	291		(3) Funds obtained through highway tolling. – Upon authorization to construct a 33
287	292		project with funding from toll revenue, the Department shall make available 34
288	293		for allocation an amount equal to one-half of the project construction cost 35
289	294		derived from toll revenue bonds. Upon authorization to construct a toll project 36
290	295		in which no project construction cost is derived from toll revenue bonds, the 37
291	296		Department shall make available for allocation an amount equal to one-half 38
292	297		of the revenue expected from the project over the first 10 years of the project, 39
293	298		less operations costs, as set forth in the Investment Grade Traffic and Revenue 40
294	299		Study. The amount made available for allocation to other eligible highway 41
295	300		projects shall not exceed two hundred million dollars ($200,000,000) of the 42
296	301		capital construction funding directly attributable to the highway toll revenues 43
297	302		committed in the Investment Grade Traffic and Revenue Study, for a project 44
298	303		for which funds have been committed on or before July 1, 2015. The amount 45
299	304		made available for allocation to other eligible highway projects shall not 46
300	305		exceed one hundred million dollars ($100,000,000) of the capital construction 47
301	306		funding directly attributable to the highway toll revenues committed in the 48
302	307		Investment Grade Traffic and Revenue Study, for a project for which funds 49
303	308		are committed after July 1, 2015. If the toll project is located in one or more 50
304	309		Metropolitan Planning Organization or Rural Transportation Planning 51 General Assembly Of North Carolina Session 2025
305		-	~~Senate Bill 519-First Edition~~ Page 7
	310	+	DRS15230-MWf-27A Page 7
306	311		Organization boundaries, based on the boundaries in existence at the time of 1
307	312		letting of the project construction contract, the bonus allocation shall be 2
308	313		distributed proportionately to lane miles of new capacity within the 3
309	314		Organization's boundaries. The Organization shall apply the bonus allocation 4
310	315		only within those counties in which the toll project is located. Except for tolls 5
311	316		removed pursuant to G.S. 136-89.196, if a toll is removed or a toll is not 6
312	317		implemented, any funds made available for allocation or allocated under this 7
313	318		subdivision shall be withheld by the Department or repaid to the Department, 8
314	319		as applicable. Any funds withheld or repaid under this subdivision may be 9
315	320		reallocated according to the requirements of this subdivision. 10
316	321		(4) Use of bonus allocation. – The Metropolitan Planning Organization, Rural 11
317	322		Transportation Planning Organization, or the local government may choose to 12
318	323		apply its bonus allocation in one of the three categories or in a combination of 13
319	324		the three categories as provided in this subdivision: 14
320	325		a. Statewide Strategic Mobility Projects category. – The bonus allocation 15
321	326		shall apply over the five-year period in the State Transportation 16
322	327		Improvement Program in the cycle following the contractual 17
323	328		obligation. 18
324	329		b. Regional Impact Projects category. – The bonus allocation is capped 19
325	330		at ten percent (10%) of the regional allocation, or allocation to multiple 20
326	331		regions, made over a five-year period and shall be applied over the 21
327	332		five-year period in the State Transportation Improvement Program in 22
328	333		the cycle following the contractual obligation. 23
329	334		c. Division Needs Projects category. – The bonus allocation is capped at 24
330	335		ten percent (10%) of the division allocation, or allocation to multiple 25
331	336		divisions, made over a five-year period and shall be applied over the 26
332	337		five-year period in the State Transportation Improvement Program in 27
333	338		the cycle following the contractual obligation. 28
334	339		…." 29
335	340		SECTION 4. G.S. 153A-145.1 is repealed. 30
336	341		SECTION 5. G.S. 160A-204 is repealed. 31
337	342		SECTION 6. G.S. 160D-804 reads as rewritten: 32
338	343		"§ 160D-804. Contents and requirements of regulation. 33
339	344		(a) Purposes. – A subdivision regulation may provide for the orderly growth and 34
340	345		development of the local government; for the coordination of transportation networks and 35
341	346		utilities within proposed subdivisions with existing or planned streets and highways streets, 36
342	347		highways, sidewalks, bicycle lanes, bus stops, transit infrastructure, and other transportation 37
343	348		facilities and with other public facilities; and for the distribution of population and traffic in a 38
344	349		manner that will avoid congestion and overcrowding and will create conditions that substantially 39
345	350		promote public health, safety, and general welfare. 40
346	351		… 41
347	352		(c) Transportation and Utilities. – 42
348	353		(1) The regulation may provide for the dedication of rights-of-way or easements 43
349	354		for street transportation and utility purposes, including the dedication of 44
350	355		rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 45
351	356		(2) A regulation adopted by a city may provide that in lieu of required street 46
352	357		transportation facility construction, a developer be required to provide funds 47
353	358		for city use for the construction of roads transportation facilities to serve the 48
354	359		occupants, residents, or invitees of the subdivision or development, and these 49
355	360		funds may be used for roads transportation facilities which serve more than 50
356	361		one subdivision or development within the area. All funds received by the city 51 General Assembly Of North Carolina Session 2025
357		-	Page 8 ~~Senate Bill 519-First Edition~~
	362	+	Page 8 DRS15230-MWf-27A
358	363		pursuant to this subdivision shall be used only for development of roads, 1
359	364		transportation facilities, including design, land acquisition, and construction. 2
360	365		However, a city may undertake these activities in conjunction with the 3
361	366		Department of Transportation under an agreement between the city and the 4
362	367		Department of Transportation. The term "transportation facilities" includes 5
363	368		streets, sidewalks, bicycle lanes, bus stops, transit infrastructure, and other 6
364	369		facilities designed to assist the movement of people or goods from one place 7
365	370		to another. 8
366	371		(3) A regulation adopted by a county may provide that in lieu of required street 9
367	372		transportation facility construction, a developer may provide funds to a county 10
368	373		to be used for the development of roads transportation facilities to serve the 11
369	374		occupants, residents, or invitees of the subdivision or development. All funds 12
370	375		received by the county under this subdivision shall be transferred to a city to 13
371	376		be used solely for the development of roads, transportation facilities, including 14
372	377		design, land acquisition, and construction. Any city receiving funds from a 15
373	378		county under this subdivision is authorized to expend the funds outside its 16
374	379		corporate limits for the purposes specified in the agreement between the 17
375	380		municipality and the county. 18
376	381		(4) Any formula adopted by a local government to determine the amount of funds 19
377	382		the developer is to pay in lieu of required street transportation facility 20
378	383		construction shall be based on the trips generated from the subdivision or 21
379	384		development. The regulation may require a combination of partial payment of 22
380	385		funds and partial dedication of constructed streets transportation facilities 23
381	386		when the governing board determines that a combination is in the best 24
382	387		interests of the citizens of the area to be served. 25
383	388		…." 26
384	389		SECTION 7. G.S. 105-511.2 reads as rewritten: 27
385	390		"§ 105-511.2. Local election on adoption of sales and use tax. 28
386	391		(a) Resolution. – The board of commissioners of a county may direct the county board 29
387	392		of elections to conduct an advisory referendum within the county on the question of whether a 30
388	393		local sales and use tax at the rate of one-quarter percent (1/4%) up to one percent (1%) may be 31
389	394		levied in accordance with this Part. The election shall be held on a date jointly agreed upon by 32
390	395		the boards and shall be held on a date permitted by and in accordance with the procedures of 33
391	396		G.S. 163-287. The board of commissioners shall hold a public hearing on the question at least 30 34
392	397		days before the date the election is to be held. 35
393	398		(b) Ballot Question. – The form of the question to be presented on a ballot for a special 36
394	399		election concerning the levy of a tax authorized by this Article shall be: 37
395	400		"[ ] FOR [ ] AGAINST 38
396	401		One-quarter percent (1/4%) local sales and use taxes, in addition to the current local sales and 39
397	402		use taxes, to be used only for public transportation systems."" 40
398	403		SECTION 8. G.S. 160D-702(a) reads as rewritten: 41
399	404		"(a) A local government may adopt zoning regulations. Except as provided in subsections 42
400	405		(b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of 43
401	406		stories, and size of buildings and other structures; the percentage of lots that may be occupied; 44
402	407		the size of yards, courts, and other open spaces; the density of population; the location and use 45
403	408		of buildings, structures, and land. A local government may regulate development, including 46
404	409		floating homes, over estuarine waters and over lands covered by navigable waters owned by the 47
405	410		State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 48
406	411		development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 49
407	412		Where appropriate, a zoning regulation may include requirements that street transportation 50
408	413		facility and utility rights-of-way be dedicated to the public, that provision be made of recreational 51 General Assembly Of North Carolina Session 2025
409		-	~~Senate Bill 519-First Edition~~ Page 9
	414	+	DRS15230-MWf-27A Page 9
410	415		space and facilities, and that performance guarantees be provided, all to the same extent and with 1
411	416		the same limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1." 2
412	417		SECTION 9. G.S. 160D-705(c) reads as rewritten: 3
413	418		"(c) Special Use Permits. – The regulations may provide that the board of adjustment, 4
414	419		planning board, or governing board hear and decide special use permits in accordance with 5
415	420		principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 6
416	421		appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 7
417	422		such conditions may include requirements that street transportation facility and utility 8
418	423		rights-of-way be dedicated to the public and that provision be made for recreational space and 9
419	424		facilities. Conditions and safeguards imposed under this subsection shall not include 10
420	425		requirements for which the local government does not have authority under statute to regulate 11
421	426		nor requirements for which the courts have held to be unenforceable if imposed directly by the 12
422	427		local government, including, without limitation, taxes, impact fees, building design elements 13
423	428		within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those 14
424	429		allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the 15
425	430		development or use of land. 16
426	431		The regulations may provide that defined minor modifications to special use permits that do 17
427	432		not involve a change in uses permitted or the density of overall development permitted may be 18
428	433		reviewed and approved administratively. Any other modification or revocation of a special use 19
429	434		permit shall follow the same process for approval as is applicable to the approval of a special use 20
430	435		permit. If multiple parcels of land are subject to a special use permit, the owners of individual 21
431	436		parcels may apply for permit modification so long as the modification would not result in other 22
432	437		properties failing to meet the terms of the special use permit or regulations. Any modifications 23
433	438		approved apply only to those properties whose owners apply for the modification. The regulation 24
434	439		may require that special use permits be recorded with the register of deeds." 25
435	440		SECTION 10. This act is effective when it becomes law. 26