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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
SB 355 |
NC | 2019 | R | Allow lot split, Appeals, By-right zoning, Enforcement, Impact fees, Other streamlining, Streamline application, Technical assistance, Written findings, burden and standard of proof |
Provided by Furman
Summary
- Modifies permit choice regulations, including by:
- Limiting permit choice when a permit applicant has placed an application on hold for a period of six consecutive months or more. Previous law had enabled permit applicants to choose which version of the role or ordinance would apply to the permit if a rule or ordinance changed between the application’s submission and a permit decision.
- Defining “development,” “development permit,” and “land development regulation.”
- Providing for expedited review of permit choice related court actions at both trial and appellate levels.
- Modifies vested rights regulations, including by providing that:
- Statutory vesting starts when the application for the development permit or building permit is submitted and lasts for as long as the permit remains valid.
- Local development permits expire one year after issuance if work authorized by the permit has not substantially commenced.
- The establishment of a vested right under one law does not preclude vesting under another, or vesting by application of common law principles.
- Also provides vesting period deadlines and other regulations related to vested rights.
- Defines “down-zoning,” which refers to zoning ordinances that decrease development density or reduce permitted uses, and prohibits down-zoning without written consent of all subject property owners, unless the amendment is initiated by a city or county.
- Regulates procedure for challenges to land regulation decisions.
- Prohibits cities and counties from including as a permit condition any of the following requirements which the city or county does not have authority to regulate: taxes, impact fees, certain building elements, certain driveway-related improvements, or other unauthorized limitations on land development or use.
- Creates Chapter 160D, which consolidates existing chapters and governs all local planning and development regulation. The new chapter also includes some substantive changes, including but not limited to:
- Requiring a local government to have a comprehensive development plan in place before adopting and applying zoning regulations.
- Limiting the required board statement of reasonableness to zoning map amendments and not zoning text amendments.
- Shortening the list of mandated contents in development agreements.
Provided by lawmakers
Bill Title
Land-Use Regulatory Changes.
Related resources
Enacted Legislation Related Posts
Research and analysis from the Furman Center on this and related housing policy topics.
