North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S688 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 688
3+S D
4+SENATE BILL DRS45298-TQ-20
5+
56
67
78 Short Title: Local Government Land Use Reform. (Public)
89 Sponsors: Senator Jarvis (Primary Sponsor).
9-Referred to: Rules and Operations of the Senate
10-March 26, 2025
11-*S688 -v-1*
10+Referred to:
11+
12+*DRS45298 -TQ-20*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO AMEND LOCAL GOVERNMENT PLANNING AND DEVELOPMENT LAWS. 2
1415 The General Assembly of North Carolina enacts: 3
1516 SECTION 1.(a) G.S. 160D-101 reads as rewritten: 4
1617 "§ 160D-101. Application. 5
1718 (a) The provisions of this Article shall apply to all development regulations and programs 6
1819 adopted pursuant to this Chapter or applicable or related local acts. To the extent there are 7
1920 contrary provisions in local charters or acts, G.S. 160D-111 is applicable unless this Chapter 8
2021 expressly provides otherwise. The provisions of this Article also apply to any other local 9
2122 ordinance that substantially affects land use and development. 10
2223 (b) The provisions of this Article are supplemental to specific provisions included in 11
2324 other Articles of this Chapter. To the extent there are conflicts between the provisions of this 12
2425 Article and the provisions of other Articles of this Chapter, the more specific provisions shall 13
2526 control. 14
2627 (c) Local governments may also apply any of the definitions and procedures authorized 15
2728 by this Chapter to any ordinance that does not substantially affect land use and development 16
2829 adopted under the general police power of cities and counties, Article 8 of Chapter 160A of the 17
2930 General Statutes and Article 6 of Chapter 153A of the General Statutes respectively, and may 18
3031 employ any organizational structure, board, commission, or staffing arrangement authorized by 19
3132 this Chapter to any or all aspects of those ordinances. 20
3233 (d) This Chapter does not expand, diminish, or alter the scope of authority for planning 21
3334 and development regulation authorized by other Chapters of the General Statutes. 22
3435 (e) A local government may not exercise planning, zoning, or development regulation 23
3536 authority except as expressly authorized by statute." 24
3637 SECTION 1.(b) This section becomes effective January 1, 2026. Any local 25
3738 government ordinance in effect on, or adopted subsequent to, that date that is inconsistent with 26
3839 this section is void and unenforceable. 27
3940 SECTION 2.(a) G.S. 160D-702 reads as rewritten: 28
4041 "§ 160D-702. (Effective January 1, 2025) Grant of power. 29
4142 (a) A local government may adopt zoning regulations. Except as provided in subsections 30
4243 (b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of 31
4344 stories, and size of buildings and other structures; the percentage of lots that may be occupied; 32
4445 the size of yards, courts, and other open spaces; the density of population; the location and use 33
4546 of buildings, structures, and land. A local government may regulate development, including 34
4647 floating homes, over estuarine waters and over lands covered by navigable waters owned by the 35
47-State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 688-First Edition
48+State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 36
49+FILED SENATE
50+Mar 25, 2025
51+S.B. 688
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
53+Page 2 DRS45298-TQ-20
4954 development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 1
5055 Where appropriate, a zoning regulation may include requirements that street and utility 2
5156 rights-of-way be dedicated to the public, that provision be made of recreational space and 3
5257 facilities, and that performance guarantees be provided, all to the same extent and with the same 4
5358 limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1. 5
5459 (b) Any regulation relating to building design elements adopted under this Chapter may 6
5560 not be applied to any structures subject to regulation under the North Carolina Residential Code 7
5661 except under one or more of the following circumstances: 8
5762 (1) The structures are located in an area designated as a local historic district 9
5863 pursuant to Part 4 of Article 9 of this Chapter. 10
5964 (2) The structures are located in an area designated as a historic district on the 11
6065 National Register of Historic Places. 12
6166 (3) The structures are individually designated as local, State, or national historic 13
6267 landmarks. 14
6368 (4) The regulations are directly and substantially related to the requirements of 15
6469 applicable safety codes adopted under G.S. 143-138. 16
6570 (5) Where the regulations are applied to manufactured housing in a manner 17
6671 consistent with G.S. 160D-908 and federal law. 18
6772 (6) Where the regulations are adopted as a condition of participation in the 19
6873 National Flood Insurance Program. 20
6974 Regulations Except as expressly provided in G.S. 160D-703(b), regulations prohibited by this 21
7075 subsection may not be applied, directly or indirectly, in any zoning district or conditional district 22
7176 unless voluntarily consented to by the owners of all the property to which those regulations may 23
7277 be applied as part of and in the course of the process of seeking and obtaining a zoning 24
7378 amendment or a zoning, subdivision, or development approval,district nor may any suchthe 25
7479 regulations be applied indirectly as part of a review pursuant to G.S. 160D-604 or G.S. 160D-605 26
7580 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other 27
7681 applicable officially adopted plan. 28
7782 For the purposes of this subsection, the phrase "building design elements" means exterior 29
7883 building color; type or style of exterior cladding material; style or materials of roof structures or 30
7984 porches; exterior nonstructural architectural ornamentation; location or architectural styling of 31
8085 windows and doors, including garage doors; the number and types of rooms; and the interior 32
8186 layout of rooms. The phrase "building design elements" does not include any of the following: 33
8287 (i) the height, bulk, orientation, or location of a structure on a zoning lot, (ii) the use of buffering 34
8388 or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect 35
8489 the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the 36
8590 permitted uses of land or structures subject to the North Carolina Residential Code. 37
8691 Nothing in this subsection affects the validity or enforceability of private covenants or other 38
8792 contractual agreements among property owners relating to building design elements. 39
8893 (c) A zoning or other development regulation shall not do any of the following: 40
8994 (1) Set a minimum width, length, or square footage of any structures subject to 41
9095 regulation under the North Carolina Residential Code. 42
9196 (2) Require a parking space to be larger than 9 feet wide by 20 feet long unless 43
9297 the parking space is designated for handicap, parallel, or diagonal parking.Set 44
9398 parking or parking space requirements or allocations except as required by the 45
9499 Americans with Disabilities Act. 46
95100 (3) Require additional fire apparatus access roads into developments of one- or 47
96101 two-family dwellings that are not in compliance with the required number of 48
97102 fire apparatus access roads into developments of one- or two-family dwellings 49
98103 set forth in the Fire Code of the North Carolina Residential Code for One- and 50
99104 Two-Family Dwellings. 51 General Assembly Of North Carolina Session 2025
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101106 (4) Except as provided under G.S. 136-18(29) and G.S. 160A-307, set a minimum 1
102107 width, length, or square footage for driveways within a development unless 2
103108 the driveway abuts a public road. A "public road" means any road, street, 3
104109 highway, thoroughfare, or other way of passage that is owned and maintained 4
105110 by a city or the Department of Transportation. 5
106111 (5) Set design standards for roads within a development in excess of those 6
107112 required by the Department of Transportation, unless the city agrees to accept 7
108113 ownership and maintenance responsibility for the road prior to or in 8
109114 conjunction with site plan approval. Confirmation of conformity of the 9
110115 improvements consistent with local government design specifications, 10
111116 regulations, or ordinances under this section shall be conducted consistent 11
112117 with G.S. 160D-804.1(1c). Upon confirmation that the improvements have 12
113118 been made consistent with G.S. 160D-804.1(1c), the city shall record with the 13
114119 register of deeds a plat evincing ownership of the road by the city. 14
115120 (d) A zoning regulation or other development regulation adopted by a city with a 15
116121 population of 150,000 or more shall permit by right or by special use the siting of no fewer than 16
117122 five dwellings subject to regulation under the North Carolina Residential Code per acre in areas 17
118123 zoned for residential use. 18
119124 (e) A zoning regulation or other development regulation adopted by a city with a 19
120125 population of 149,999 or less shall permit by right or by special use the siting of no fewer than 20
121126 four dwellings subject to regulation under the North Carolina Residential Code per acre in areas 21
122127 zoned for residential use. 22
123128 (f) Subsections (d) and (e) of this section shall not apply to property used for a bona fide 23
124129 farm purpose as described in G.S. 160D-903 or an open space use as defined in G.S. 160D-1307. 24
125130 (g) A local government shall follow quasi-judicial procedures in adopting a zoning or 25
126131 other development regulation authorized under this section." 26
127132 SECTION 2.(b) This section becomes effective July 1, 2025. Any local government 27
128133 ordinance in effect on, or adopted subsequent to, that date that is inconsistent with this section is 28
129134 void and unenforceable. 29
130135 SECTION 3. G.S. 160D-703 reads as rewritten: 30
131136 "§ 160D-703. Zoning districts. 31
132137 (a) Types of Zoning Districts. – A local government may divide its territorial jurisdiction 32
133138 into zoning districts of any number, shape, and area deemed best suited to carry out the purposes 33
134139 of this Article. Within those districts, it may regulate and restrict the erection, construction, 34
135140 reconstruction, alteration, repair, or use of buildings, structures, or land. Zoning districts may 35
136141 include, but are not be limited to, the following: 36
137142 (1) Conventional districts, in which a variety of uses are allowed as permitted uses 37
138143 or uses by right and that may also include uses permitted only with a special 38
139144 use permit. 39
140145 (2) Conditional districts, in which site plans or individualized development 40
141146 conditions are imposed. 41
142147 (3) Form-based districts, or development form controls, that address the physical 42
143148 form, mass, and density of structures, public spaces, and streetscapes. 43
144149 (4) Overlay districts, in which different requirements are imposed on certain 44
145150 properties within one or more underlying conventional, conditional, or 45
146151 form-based districts. 46
147152 (5) Districts allowed by charter. 47
148153 (b) Conditional Districts. – Property may be placed in a conditional district only in 48
149154 response to a petition by all owners of the property to be included. Specific conditions may be 49
150155 proposed by the petitioner or the local government or its agencies, but only those conditions 50
151156 approved by the local government and consented to by the petitioner in writing may be 51 General Assembly Of North Carolina Session 2025
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153158 incorporated into the zoning regulations. Unless consented to by the petitioner in 1
154159 writing,Notwithstanding any other provision of law, in the exercise of the authority granted by 2
155160 this section, a local government may not (i) require, enforce, or incorporate into the zoning 3
156161 regulations any condition or requirement not authorized by otherwise applicable law, regulations, 4
157162 or require as a condition of approval of any site plan, development agreement, conditional zoning 5
158163 permit, or any other instrument any condition, requirement, or deed restriction not specifically 6
159164 authorized by law, or any condition or requirement that the courts have held to be unenforceable 7
160165 if imposed directly by the local government, or (ii) accept any offer by the petitioner to consent 8
161166 to any condition not specifically authorized by law, including, without limitation, taxes, impact 9
162167 fees, building design elements within the scope of G.S. 160D-702(b), driveway-related 10
163168 improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other 11
164169 unauthorized limitations on the development or use of land. Conditions and site-specific 12
165170 standards imposed in a conditional district shall be limited to those that address the conformance 13
166171 of the development and use of the site to local government ordinances, plans adopted pursuant 14
167172 to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use 15
168173 of the site. The zoning regulation may provide that defined minor modifications in conditional 16
169174 district standards that do not involve a change in uses permitted or the density of overall 17
170175 development permitted may be reviewed and approved administratively. Any other modification 18
171176 of the conditions and standards in a conditional district shall follow the same process for approval 19
172177 as are applicable to zoning map amendments. If multiple parcels of land are subject to a 20
173178 conditional zoning, the owners of individual parcels may apply for modification of the conditions 21
174179 so long as the modification would not result in other properties failing to meet the terms of the 22
175180 conditions. Any modifications approved apply only to those properties whose owners petition 23
176181 for the modification. 24
177182 (b1) Limitations. – For parcels where multifamily structures are an allowable use, a local 25
178183 government may not impose a harmony requirement for permit approval if the development 26
179184 contains affordable housing units for families or individuals with incomes below eighty percent 27
180185 (80%) of the area median income. 28
181186 (c) Uniformity Within Districts. – Except as authorized by the foregoing, all regulations 29
182187 shall be uniform for each class or kind of building throughout each district but the regulations in 30
183188 one district may differ from those in other districts. 31
184189 (d) Standards Applicable Regardless of District. – A zoning regulation or unified 32
185190 development ordinance may also include development standards that apply uniformly 33
186191 jurisdiction-wide rather than being applicable only in particular zoning districts. 34
187192 (e) A local government shall follow quasi-judicial procedures in adopting a zoning or 35
188193 other development regulation authorized under this section." 36
189194 SECTION 4. G.S. 160D-406 reads as rewritten: 37
190195 "§ 160D-406. Quasi-judicial procedure. 38
191196 (a) Process Required. – Boards shall follow quasi-judicial procedures in determining 39
192197 appeals of administrative decisions, special use permits, conditional use permits, certificates of 40
193198 appropriateness, variances, or any other quasi-judicial decision. 41
194199 …." 42
195200 SECTION 5. G.S. 6-21.7 reads as rewritten: 43
196201 "§ 6-21.7. Attorneys' fees; cities or counties cities, counties, or local elected officials acting 44
197202 outside the scope of their authority. 45
198203 (a) In any action in which a city or county is a party, upon a finding by the court that the 46
199204 city or county violated a statute or case law setting forth unambiguous limits on its 47
200205 authority,authority or that its action was arbitrary and capricious, the court shall award reasonable 48
201206 attorneys' fees and costs to the party who successfully challenged the city's or county's action. In 49
202207 any action in which a city or county is a party, upon finding by the court that the city or county 50
203208 took action inconsistent with, or in violation of, G.S. 160D-108(b) or G.S. 143-755, or that its 51 General Assembly Of North Carolina Session 2025
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205210 action was arbitrary and capricious, the court shall award reasonable attorneys' fees and costs to 1
206211 the party who successfully challenged the local government's failure to comply with any of those 2
207212 provisions. In all other matters, the court may award reasonable attorneys' fees and costs to the 3
208213 prevailing private litigant. For purposes of this section, "unambiguous" means that the limits of 4
209214 authority are not reasonably susceptible to multiple constructions. 5
210215 (b) In any action in which any county commissioner, alderman, councilman, or other 6
211216 local elected official is a party, upon a finding by the court that the commissioner, alderman, 7
212217 councilman, or other local elected official's individual act was fraudulent, unlawful, arbitrary and 8
213218 capricious, beyond the scope of his or her statutory authority, or malicious or corrupt, may be 9
214219 held personally liable for an injury or damage resulting from the act and reasonable attorneys' 10
215220 fees shall be awarded by the court to a party who successfully challenged the act of the 11
216221 commissioner, alderman, councilman, or other local elected official. Where the court finds that 12
217222 the commissioner, alderman, councilman, or other local elected official's act was fraudulent, 13
218223 unlawful, arbitrary and capricious, beyond the scope of his or her statutory authority, or malicious 14
219224 or corrupt, the defenses of public official immunity, legislative immunity and judicial immunity 15
220225 are waived. A commissioner, alderman, councilman, or other local elected official shall not be 16
221226 personally liable in damages or otherwise for an unlawful act of an officer or employee of the 17
222227 city or county, unless the act is committed by the authority of the commissioner, alderman, 18
223228 councilman, or other local elected official, or he or she has notice or knowledge thereof, or unless 19
224229 the act is committed under circumstances which would cause, or would have caused, a reasonably 20
225230 prudent person to have knowledge of the act." 21
226231 SECTION 6. G.S. 160A-307 reads as rewritten: 22
227232 "§ 160A-307. Curb cut regulations. 23
228233 (a) A Except as expressly permitted by Chapter 160D of the General Statutes, a city may 24
229234 not regulate by ordinance regulate the size, location, direction of traffic flow, and manner of 25
230235 construction of driveway connections into any street or alley. The To the extent allowed by 26
231236 Chapter 160D of the General Statutes, the ordinance may require the construction or 27
232237 reimbursement of the cost of construction and public dedication of medians, acceleration and 28
233238 deceleration lanes, and traffic storage lanes for driveway connections into any street or alley if 29
234239 all of the following apply: 30
235240 (1) The city has shown through substantial evidence the need for such the 31
236241 improvements is reasonably attributable to the traffic using the driveway. 32
237242 (2) The city has shown through substantial evidence the improvements serve the 33
238243 traffic of the driveway. 34
239244 (b) No street or alley under the control of the Department of Transportation may be 35
240245 improved without the consent of the Department of Transportation. A city shall not require the 36
241246 applicant to acquire right-of-way from property not owned by the applicant. However, an 37
242247 applicant may voluntarily agree to acquire such right-of-way." 38
243248 SECTION 7. G.S. 160D-1403.1 reads as rewritten: 39
244249 "§ 160D-1403.1. Civil action for declaratory relief, injunctive relief, other remedies; joinder 40
245250 of complaint and petition for writ of certiorari in certain cases. 41
246251 (a) Civil Action. – Except as otherwise provided in this section for claims involving 42
247252 questions of interpretation, in lieu of any remedies available under G.S. 160D-405 or 43
248253 G.S. 160D-108(h), a person with standing, as defined in subsection (b) of this section, may bring 44
249254 an original civil action seeking declaratory relief, injunctive relief, damages, or any other 45
250255 remedies provided by law or equity, in superior court or federal court to challenge the 46
251256 enforceability, validity, or effect of a local land development regulation for any of the following 47
252257 claims: 48
253258 (1) The ordinance, either on its face or as applied, is unconstitutional. 49
254259 (2) The ordinance, either on its face or as applied, is ultra vires, preempted, or 50
255260 otherwise in excess of statutory authority.authority or jurisdiction. 51 General Assembly Of North Carolina Session 2025
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257262 (3) The ordinance, either on its face or as applied, constitutes a taking of property. 1
258263 (4) The decision of a local government or local government official made 2
259264 pursuant to a local government's authority under G.S. 160D-702, 3
260265 G.S. 160D-703, or both, is ultra vires, preempted, in excess of its statutory 4
261266 authority or jurisdiction, made upon unlawful procedure, made in error of law, 5
262267 arbitrary and capricious, or an abuse of discretion. 6
263268 If the decision being challenged is from an administrative official charged with enforcement 7
264269 of a local land development regulation, the party with standing must first bring any claim that the 8
265270 ordinance was erroneously interpreted to the applicable board of adjustment pursuant to 9
266271 G.S. 160D-405. An adverse ruling from the board of adjustment may then be challenged in an 10
267272 action brought pursuant to this subsection with the court hearing the matter de novo together with 11
268273 any of the claims listed in this subsection. 12
269274 (b) Standing. – Any of the following criteria provide standing to bring an action under 13
270275 this section: 14
271276 (1) The person has an ownership, leasehold, or easement interest in, or possesses 15
272277 an option or contract to purchase the property that is the subject matter of a 16
273278 final and binding decision made by an administrative official charged with 17
274279 applying or enforcing a land development regulation. 18
275280 (2) The person was a development permit applicant before the decision-making 19
276281 board whose decision is being challenged. 20
277282 (3) The person was a development permit applicant who is aggrieved by a final 21
278283 and binding decision of an administrative official charged with applying or 22
279284 enforcing a land development regulation. 23
280285 (4) An association, organization, society, or entity whose membership is 24
281286 comprised of an individual or entity identified in subdivisions (1) through (3) 25
282287 of this subsection. 26
283288 …." 27
284289 SECTION 8. Article 14 of Chapter 160D of the General Statutes is amended by 28
285290 adding a new section to read: 29
286291 "§ 160D-1403.3. Private remedies. 30
287292 In addition to any other remedy otherwise provided by law, any person injured by a violation 31
288293 of this Chapter may bring a civil action and recover damages, costs, and disbursements, including 32
289294 costs of investigation and reasonable attorney's fees, and receive other equitable relief as 33
290295 determined by the court." 34
291296 SECTION 9. Except as otherwise provided, this act becomes effective January 1, 35
292297 2026. 36