12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO AMEND LOCAL GOVERNMENT PLANNING AND DEVELOPMENT LAWS. 2 |
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14 | 15 | | The General Assembly of North Carolina enacts: 3 |
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15 | 16 | | SECTION 1.(a) G.S. 160D-101 reads as rewritten: 4 |
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16 | 17 | | "§ 160D-101. Application. 5 |
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17 | 18 | | (a) The provisions of this Article shall apply to all development regulations and programs 6 |
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18 | 19 | | adopted pursuant to this Chapter or applicable or related local acts. To the extent there are 7 |
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19 | 20 | | contrary provisions in local charters or acts, G.S. 160D-111 is applicable unless this Chapter 8 |
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20 | 21 | | expressly provides otherwise. The provisions of this Article also apply to any other local 9 |
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21 | 22 | | ordinance that substantially affects land use and development. 10 |
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22 | 23 | | (b) The provisions of this Article are supplemental to specific provisions included in 11 |
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23 | 24 | | other Articles of this Chapter. To the extent there are conflicts between the provisions of this 12 |
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24 | 25 | | Article and the provisions of other Articles of this Chapter, the more specific provisions shall 13 |
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25 | 26 | | control. 14 |
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26 | 27 | | (c) Local governments may also apply any of the definitions and procedures authorized 15 |
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27 | 28 | | by this Chapter to any ordinance that does not substantially affect land use and development 16 |
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28 | 29 | | adopted under the general police power of cities and counties, Article 8 of Chapter 160A of the 17 |
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29 | 30 | | General Statutes and Article 6 of Chapter 153A of the General Statutes respectively, and may 18 |
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30 | 31 | | employ any organizational structure, board, commission, or staffing arrangement authorized by 19 |
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31 | 32 | | this Chapter to any or all aspects of those ordinances. 20 |
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32 | 33 | | (d) This Chapter does not expand, diminish, or alter the scope of authority for planning 21 |
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33 | 34 | | and development regulation authorized by other Chapters of the General Statutes. 22 |
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34 | 35 | | (e) A local government may not exercise planning, zoning, or development regulation 23 |
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35 | 36 | | authority except as expressly authorized by statute." 24 |
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36 | 37 | | SECTION 1.(b) This section becomes effective January 1, 2026. Any local 25 |
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37 | 38 | | government ordinance in effect on, or adopted subsequent to, that date that is inconsistent with 26 |
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38 | 39 | | this section is void and unenforceable. 27 |
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39 | 40 | | SECTION 2.(a) G.S. 160D-702 reads as rewritten: 28 |
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40 | 41 | | "§ 160D-702. (Effective January 1, 2025) Grant of power. 29 |
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41 | 42 | | (a) A local government may adopt zoning regulations. Except as provided in subsections 30 |
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42 | 43 | | (b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of 31 |
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43 | 44 | | stories, and size of buildings and other structures; the percentage of lots that may be occupied; 32 |
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44 | 45 | | the size of yards, courts, and other open spaces; the density of population; the location and use 33 |
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45 | 46 | | of buildings, structures, and land. A local government may regulate development, including 34 |
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46 | 47 | | floating homes, over estuarine waters and over lands covered by navigable waters owned by the 35 |
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49 | 54 | | development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 1 |
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50 | 55 | | Where appropriate, a zoning regulation may include requirements that street and utility 2 |
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51 | 56 | | rights-of-way be dedicated to the public, that provision be made of recreational space and 3 |
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52 | 57 | | facilities, and that performance guarantees be provided, all to the same extent and with the same 4 |
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53 | 58 | | limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1. 5 |
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54 | 59 | | (b) Any regulation relating to building design elements adopted under this Chapter may 6 |
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55 | 60 | | not be applied to any structures subject to regulation under the North Carolina Residential Code 7 |
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56 | 61 | | except under one or more of the following circumstances: 8 |
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57 | 62 | | (1) The structures are located in an area designated as a local historic district 9 |
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58 | 63 | | pursuant to Part 4 of Article 9 of this Chapter. 10 |
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59 | 64 | | (2) The structures are located in an area designated as a historic district on the 11 |
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60 | 65 | | National Register of Historic Places. 12 |
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61 | 66 | | (3) The structures are individually designated as local, State, or national historic 13 |
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62 | 67 | | landmarks. 14 |
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63 | 68 | | (4) The regulations are directly and substantially related to the requirements of 15 |
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64 | 69 | | applicable safety codes adopted under G.S. 143-138. 16 |
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65 | 70 | | (5) Where the regulations are applied to manufactured housing in a manner 17 |
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66 | 71 | | consistent with G.S. 160D-908 and federal law. 18 |
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67 | 72 | | (6) Where the regulations are adopted as a condition of participation in the 19 |
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68 | 73 | | National Flood Insurance Program. 20 |
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69 | 74 | | Regulations Except as expressly provided in G.S. 160D-703(b), regulations prohibited by this 21 |
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70 | 75 | | subsection may not be applied, directly or indirectly, in any zoning district or conditional district 22 |
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71 | 76 | | unless voluntarily consented to by the owners of all the property to which those regulations may 23 |
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72 | 77 | | be applied as part of and in the course of the process of seeking and obtaining a zoning 24 |
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73 | 78 | | amendment or a zoning, subdivision, or development approval,district nor may any suchthe 25 |
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74 | 79 | | regulations be applied indirectly as part of a review pursuant to G.S. 160D-604 or G.S. 160D-605 26 |
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75 | 80 | | of any proposed zoning amendment for consistency with an adopted comprehensive plan or other 27 |
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76 | 81 | | applicable officially adopted plan. 28 |
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77 | 82 | | For the purposes of this subsection, the phrase "building design elements" means exterior 29 |
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78 | 83 | | building color; type or style of exterior cladding material; style or materials of roof structures or 30 |
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79 | 84 | | porches; exterior nonstructural architectural ornamentation; location or architectural styling of 31 |
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80 | 85 | | windows and doors, including garage doors; the number and types of rooms; and the interior 32 |
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81 | 86 | | layout of rooms. The phrase "building design elements" does not include any of the following: 33 |
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82 | 87 | | (i) the height, bulk, orientation, or location of a structure on a zoning lot, (ii) the use of buffering 34 |
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83 | 88 | | or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect 35 |
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84 | 89 | | the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the 36 |
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85 | 90 | | permitted uses of land or structures subject to the North Carolina Residential Code. 37 |
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86 | 91 | | Nothing in this subsection affects the validity or enforceability of private covenants or other 38 |
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87 | 92 | | contractual agreements among property owners relating to building design elements. 39 |
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88 | 93 | | (c) A zoning or other development regulation shall not do any of the following: 40 |
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89 | 94 | | (1) Set a minimum width, length, or square footage of any structures subject to 41 |
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90 | 95 | | regulation under the North Carolina Residential Code. 42 |
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91 | 96 | | (2) Require a parking space to be larger than 9 feet wide by 20 feet long unless 43 |
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92 | 97 | | the parking space is designated for handicap, parallel, or diagonal parking.Set 44 |
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93 | 98 | | parking or parking space requirements or allocations except as required by the 45 |
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94 | 99 | | Americans with Disabilities Act. 46 |
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95 | 100 | | (3) Require additional fire apparatus access roads into developments of one- or 47 |
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96 | 101 | | two-family dwellings that are not in compliance with the required number of 48 |
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97 | 102 | | fire apparatus access roads into developments of one- or two-family dwellings 49 |
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98 | 103 | | set forth in the Fire Code of the North Carolina Residential Code for One- and 50 |
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99 | 104 | | Two-Family Dwellings. 51 General Assembly Of North Carolina Session 2025 |
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101 | 106 | | (4) Except as provided under G.S. 136-18(29) and G.S. 160A-307, set a minimum 1 |
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102 | 107 | | width, length, or square footage for driveways within a development unless 2 |
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103 | 108 | | the driveway abuts a public road. A "public road" means any road, street, 3 |
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104 | 109 | | highway, thoroughfare, or other way of passage that is owned and maintained 4 |
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105 | 110 | | by a city or the Department of Transportation. 5 |
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106 | 111 | | (5) Set design standards for roads within a development in excess of those 6 |
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107 | 112 | | required by the Department of Transportation, unless the city agrees to accept 7 |
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108 | 113 | | ownership and maintenance responsibility for the road prior to or in 8 |
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109 | 114 | | conjunction with site plan approval. Confirmation of conformity of the 9 |
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110 | 115 | | improvements consistent with local government design specifications, 10 |
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111 | 116 | | regulations, or ordinances under this section shall be conducted consistent 11 |
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112 | 117 | | with G.S. 160D-804.1(1c). Upon confirmation that the improvements have 12 |
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113 | 118 | | been made consistent with G.S. 160D-804.1(1c), the city shall record with the 13 |
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114 | 119 | | register of deeds a plat evincing ownership of the road by the city. 14 |
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115 | 120 | | (d) A zoning regulation or other development regulation adopted by a city with a 15 |
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116 | 121 | | population of 150,000 or more shall permit by right or by special use the siting of no fewer than 16 |
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117 | 122 | | five dwellings subject to regulation under the North Carolina Residential Code per acre in areas 17 |
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118 | 123 | | zoned for residential use. 18 |
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119 | 124 | | (e) A zoning regulation or other development regulation adopted by a city with a 19 |
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120 | 125 | | population of 149,999 or less shall permit by right or by special use the siting of no fewer than 20 |
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121 | 126 | | four dwellings subject to regulation under the North Carolina Residential Code per acre in areas 21 |
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122 | 127 | | zoned for residential use. 22 |
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123 | 128 | | (f) Subsections (d) and (e) of this section shall not apply to property used for a bona fide 23 |
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124 | 129 | | farm purpose as described in G.S. 160D-903 or an open space use as defined in G.S. 160D-1307. 24 |
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125 | 130 | | (g) A local government shall follow quasi-judicial procedures in adopting a zoning or 25 |
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126 | 131 | | other development regulation authorized under this section." 26 |
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127 | 132 | | SECTION 2.(b) This section becomes effective July 1, 2025. Any local government 27 |
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128 | 133 | | ordinance in effect on, or adopted subsequent to, that date that is inconsistent with this section is 28 |
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129 | 134 | | void and unenforceable. 29 |
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130 | 135 | | SECTION 3. G.S. 160D-703 reads as rewritten: 30 |
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131 | 136 | | "§ 160D-703. Zoning districts. 31 |
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132 | 137 | | (a) Types of Zoning Districts. – A local government may divide its territorial jurisdiction 32 |
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133 | 138 | | into zoning districts of any number, shape, and area deemed best suited to carry out the purposes 33 |
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134 | 139 | | of this Article. Within those districts, it may regulate and restrict the erection, construction, 34 |
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135 | 140 | | reconstruction, alteration, repair, or use of buildings, structures, or land. Zoning districts may 35 |
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136 | 141 | | include, but are not be limited to, the following: 36 |
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137 | 142 | | (1) Conventional districts, in which a variety of uses are allowed as permitted uses 37 |
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138 | 143 | | or uses by right and that may also include uses permitted only with a special 38 |
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139 | 144 | | use permit. 39 |
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140 | 145 | | (2) Conditional districts, in which site plans or individualized development 40 |
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141 | 146 | | conditions are imposed. 41 |
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142 | 147 | | (3) Form-based districts, or development form controls, that address the physical 42 |
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143 | 148 | | form, mass, and density of structures, public spaces, and streetscapes. 43 |
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144 | 149 | | (4) Overlay districts, in which different requirements are imposed on certain 44 |
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145 | 150 | | properties within one or more underlying conventional, conditional, or 45 |
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146 | 151 | | form-based districts. 46 |
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147 | 152 | | (5) Districts allowed by charter. 47 |
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148 | 153 | | (b) Conditional Districts. – Property may be placed in a conditional district only in 48 |
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149 | 154 | | response to a petition by all owners of the property to be included. Specific conditions may be 49 |
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150 | 155 | | proposed by the petitioner or the local government or its agencies, but only those conditions 50 |
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151 | 156 | | 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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153 | 158 | | incorporated into the zoning regulations. Unless consented to by the petitioner in 1 |
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154 | 159 | | writing,Notwithstanding any other provision of law, in the exercise of the authority granted by 2 |
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155 | 160 | | this section, a local government may not (i) require, enforce, or incorporate into the zoning 3 |
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156 | 161 | | regulations any condition or requirement not authorized by otherwise applicable law, regulations, 4 |
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157 | 162 | | or require as a condition of approval of any site plan, development agreement, conditional zoning 5 |
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158 | 163 | | permit, or any other instrument any condition, requirement, or deed restriction not specifically 6 |
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159 | 164 | | authorized by law, or any condition or requirement that the courts have held to be unenforceable 7 |
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160 | 165 | | if imposed directly by the local government, or (ii) accept any offer by the petitioner to consent 8 |
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161 | 166 | | to any condition not specifically authorized by law, including, without limitation, taxes, impact 9 |
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162 | 167 | | fees, building design elements within the scope of G.S. 160D-702(b), driveway-related 10 |
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163 | 168 | | improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other 11 |
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164 | 169 | | unauthorized limitations on the development or use of land. Conditions and site-specific 12 |
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165 | 170 | | standards imposed in a conditional district shall be limited to those that address the conformance 13 |
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166 | 171 | | of the development and use of the site to local government ordinances, plans adopted pursuant 14 |
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167 | 172 | | to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use 15 |
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168 | 173 | | of the site. The zoning regulation may provide that defined minor modifications in conditional 16 |
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169 | 174 | | district standards that do not involve a change in uses permitted or the density of overall 17 |
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170 | 175 | | development permitted may be reviewed and approved administratively. Any other modification 18 |
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171 | 176 | | of the conditions and standards in a conditional district shall follow the same process for approval 19 |
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172 | 177 | | as are applicable to zoning map amendments. If multiple parcels of land are subject to a 20 |
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173 | 178 | | conditional zoning, the owners of individual parcels may apply for modification of the conditions 21 |
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174 | 179 | | so long as the modification would not result in other properties failing to meet the terms of the 22 |
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175 | 180 | | conditions. Any modifications approved apply only to those properties whose owners petition 23 |
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176 | 181 | | for the modification. 24 |
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177 | 182 | | (b1) Limitations. – For parcels where multifamily structures are an allowable use, a local 25 |
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178 | 183 | | government may not impose a harmony requirement for permit approval if the development 26 |
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179 | 184 | | contains affordable housing units for families or individuals with incomes below eighty percent 27 |
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180 | 185 | | (80%) of the area median income. 28 |
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181 | 186 | | (c) Uniformity Within Districts. – Except as authorized by the foregoing, all regulations 29 |
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182 | 187 | | shall be uniform for each class or kind of building throughout each district but the regulations in 30 |
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183 | 188 | | one district may differ from those in other districts. 31 |
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184 | 189 | | (d) Standards Applicable Regardless of District. – A zoning regulation or unified 32 |
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185 | 190 | | development ordinance may also include development standards that apply uniformly 33 |
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186 | 191 | | jurisdiction-wide rather than being applicable only in particular zoning districts. 34 |
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187 | 192 | | (e) A local government shall follow quasi-judicial procedures in adopting a zoning or 35 |
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188 | 193 | | other development regulation authorized under this section." 36 |
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189 | 194 | | SECTION 4. G.S. 160D-406 reads as rewritten: 37 |
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190 | 195 | | "§ 160D-406. Quasi-judicial procedure. 38 |
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191 | 196 | | (a) Process Required. – Boards shall follow quasi-judicial procedures in determining 39 |
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192 | 197 | | appeals of administrative decisions, special use permits, conditional use permits, certificates of 40 |
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193 | 198 | | appropriateness, variances, or any other quasi-judicial decision. 41 |
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194 | 199 | | …." 42 |
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195 | 200 | | SECTION 5. G.S. 6-21.7 reads as rewritten: 43 |
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196 | 201 | | "§ 6-21.7. Attorneys' fees; cities or counties cities, counties, or local elected officials acting 44 |
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197 | 202 | | outside the scope of their authority. 45 |
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198 | 203 | | (a) In any action in which a city or county is a party, upon a finding by the court that the 46 |
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199 | 204 | | city or county violated a statute or case law setting forth unambiguous limits on its 47 |
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200 | 205 | | authority,authority or that its action was arbitrary and capricious, the court shall award reasonable 48 |
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201 | 206 | | attorneys' fees and costs to the party who successfully challenged the city's or county's action. In 49 |
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202 | 207 | | any action in which a city or county is a party, upon finding by the court that the city or county 50 |
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203 | 208 | | 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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205 | 210 | | action was arbitrary and capricious, the court shall award reasonable attorneys' fees and costs to 1 |
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206 | 211 | | the party who successfully challenged the local government's failure to comply with any of those 2 |
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207 | 212 | | provisions. In all other matters, the court may award reasonable attorneys' fees and costs to the 3 |
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208 | 213 | | prevailing private litigant. For purposes of this section, "unambiguous" means that the limits of 4 |
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209 | 214 | | authority are not reasonably susceptible to multiple constructions. 5 |
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210 | 215 | | (b) In any action in which any county commissioner, alderman, councilman, or other 6 |
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211 | 216 | | local elected official is a party, upon a finding by the court that the commissioner, alderman, 7 |
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212 | 217 | | councilman, or other local elected official's individual act was fraudulent, unlawful, arbitrary and 8 |
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213 | 218 | | capricious, beyond the scope of his or her statutory authority, or malicious or corrupt, may be 9 |
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214 | 219 | | held personally liable for an injury or damage resulting from the act and reasonable attorneys' 10 |
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215 | 220 | | fees shall be awarded by the court to a party who successfully challenged the act of the 11 |
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216 | 221 | | commissioner, alderman, councilman, or other local elected official. Where the court finds that 12 |
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217 | 222 | | the commissioner, alderman, councilman, or other local elected official's act was fraudulent, 13 |
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218 | 223 | | unlawful, arbitrary and capricious, beyond the scope of his or her statutory authority, or malicious 14 |
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219 | 224 | | or corrupt, the defenses of public official immunity, legislative immunity and judicial immunity 15 |
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220 | 225 | | are waived. A commissioner, alderman, councilman, or other local elected official shall not be 16 |
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221 | 226 | | personally liable in damages or otherwise for an unlawful act of an officer or employee of the 17 |
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222 | 227 | | city or county, unless the act is committed by the authority of the commissioner, alderman, 18 |
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223 | 228 | | councilman, or other local elected official, or he or she has notice or knowledge thereof, or unless 19 |
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224 | 229 | | the act is committed under circumstances which would cause, or would have caused, a reasonably 20 |
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225 | 230 | | prudent person to have knowledge of the act." 21 |
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226 | 231 | | SECTION 6. G.S. 160A-307 reads as rewritten: 22 |
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227 | 232 | | "§ 160A-307. Curb cut regulations. 23 |
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228 | 233 | | (a) A Except as expressly permitted by Chapter 160D of the General Statutes, a city may 24 |
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229 | 234 | | not regulate by ordinance regulate the size, location, direction of traffic flow, and manner of 25 |
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230 | 235 | | construction of driveway connections into any street or alley. The To the extent allowed by 26 |
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231 | 236 | | Chapter 160D of the General Statutes, the ordinance may require the construction or 27 |
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232 | 237 | | reimbursement of the cost of construction and public dedication of medians, acceleration and 28 |
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233 | 238 | | deceleration lanes, and traffic storage lanes for driveway connections into any street or alley if 29 |
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234 | 239 | | all of the following apply: 30 |
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235 | 240 | | (1) The city has shown through substantial evidence the need for such the 31 |
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236 | 241 | | improvements is reasonably attributable to the traffic using the driveway. 32 |
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237 | 242 | | (2) The city has shown through substantial evidence the improvements serve the 33 |
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238 | 243 | | traffic of the driveway. 34 |
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239 | 244 | | (b) No street or alley under the control of the Department of Transportation may be 35 |
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240 | 245 | | improved without the consent of the Department of Transportation. A city shall not require the 36 |
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241 | 246 | | applicant to acquire right-of-way from property not owned by the applicant. However, an 37 |
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242 | 247 | | applicant may voluntarily agree to acquire such right-of-way." 38 |
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243 | 248 | | SECTION 7. G.S. 160D-1403.1 reads as rewritten: 39 |
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244 | 249 | | "§ 160D-1403.1. Civil action for declaratory relief, injunctive relief, other remedies; joinder 40 |
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245 | 250 | | of complaint and petition for writ of certiorari in certain cases. 41 |
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246 | 251 | | (a) Civil Action. – Except as otherwise provided in this section for claims involving 42 |
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247 | 252 | | questions of interpretation, in lieu of any remedies available under G.S. 160D-405 or 43 |
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248 | 253 | | G.S. 160D-108(h), a person with standing, as defined in subsection (b) of this section, may bring 44 |
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249 | 254 | | an original civil action seeking declaratory relief, injunctive relief, damages, or any other 45 |
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250 | 255 | | remedies provided by law or equity, in superior court or federal court to challenge the 46 |
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251 | 256 | | enforceability, validity, or effect of a local land development regulation for any of the following 47 |
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252 | 257 | | claims: 48 |
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253 | 258 | | (1) The ordinance, either on its face or as applied, is unconstitutional. 49 |
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254 | 259 | | (2) The ordinance, either on its face or as applied, is ultra vires, preempted, or 50 |
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255 | 260 | | otherwise in excess of statutory authority.authority or jurisdiction. 51 General Assembly Of North Carolina Session 2025 |
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257 | 262 | | (3) The ordinance, either on its face or as applied, constitutes a taking of property. 1 |
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258 | 263 | | (4) The decision of a local government or local government official made 2 |
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259 | 264 | | pursuant to a local government's authority under G.S. 160D-702, 3 |
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260 | 265 | | G.S. 160D-703, or both, is ultra vires, preempted, in excess of its statutory 4 |
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261 | 266 | | authority or jurisdiction, made upon unlawful procedure, made in error of law, 5 |
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262 | 267 | | arbitrary and capricious, or an abuse of discretion. 6 |
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263 | 268 | | If the decision being challenged is from an administrative official charged with enforcement 7 |
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264 | 269 | | of a local land development regulation, the party with standing must first bring any claim that the 8 |
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265 | 270 | | ordinance was erroneously interpreted to the applicable board of adjustment pursuant to 9 |
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266 | 271 | | G.S. 160D-405. An adverse ruling from the board of adjustment may then be challenged in an 10 |
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267 | 272 | | action brought pursuant to this subsection with the court hearing the matter de novo together with 11 |
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268 | 273 | | any of the claims listed in this subsection. 12 |
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269 | 274 | | (b) Standing. – Any of the following criteria provide standing to bring an action under 13 |
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270 | 275 | | this section: 14 |
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271 | 276 | | (1) The person has an ownership, leasehold, or easement interest in, or possesses 15 |
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272 | 277 | | an option or contract to purchase the property that is the subject matter of a 16 |
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273 | 278 | | final and binding decision made by an administrative official charged with 17 |
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274 | 279 | | applying or enforcing a land development regulation. 18 |
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275 | 280 | | (2) The person was a development permit applicant before the decision-making 19 |
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276 | 281 | | board whose decision is being challenged. 20 |
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277 | 282 | | (3) The person was a development permit applicant who is aggrieved by a final 21 |
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278 | 283 | | and binding decision of an administrative official charged with applying or 22 |
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279 | 284 | | enforcing a land development regulation. 23 |
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280 | 285 | | (4) An association, organization, society, or entity whose membership is 24 |
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281 | 286 | | comprised of an individual or entity identified in subdivisions (1) through (3) 25 |
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282 | 287 | | of this subsection. 26 |
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283 | 288 | | …." 27 |
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284 | 289 | | SECTION 8. Article 14 of Chapter 160D of the General Statutes is amended by 28 |
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285 | 290 | | adding a new section to read: 29 |
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286 | 291 | | "§ 160D-1403.3. Private remedies. 30 |
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287 | 292 | | In addition to any other remedy otherwise provided by law, any person injured by a violation 31 |
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288 | 293 | | of this Chapter may bring a civil action and recover damages, costs, and disbursements, including 32 |
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289 | 294 | | costs of investigation and reasonable attorney's fees, and receive other equitable relief as 33 |
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290 | 295 | | determined by the court." 34 |
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291 | 296 | | SECTION 9. Except as otherwise provided, this act becomes effective January 1, 35 |
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292 | 297 | | 2026. 36 |
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