DEVELOPMENT MORATORIA/TRANSPORTATION PROJECTS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 549 (Public) Filed Tuesday, April 4, 2023
AN ACT TO AMEND THE REQUIREMENTS FOR LOCAL GOVERNMENT RENEWALS AND EXTENSIONS ON DEVELOPMENT MORATORIA IMPOSED DUE TO PLANNED DEPARTMENT OF TRANSPORTATION PROJECTS.
Intro. by Sawyer.

Status: Re-ref Com On Transportation (House action) (May 23 2023)
S 549

Bill Summaries:

  • Summary date: Apr 18 2023 - View Summary

    Senate committee substitute to the 1st edition makes technical change to GS 160D-107 to update statutory citation to GS 160D-1110 (building permits) instead of GS 160D-1108 (conflicts of interest) so that projects for a valid building permit has been issued is exempt from development moratoria.   


  • Summary date: Apr 4 2023 - View Summary

    Current law, as set forth in GS 160D-107, allows local governments to adopt temporary moratoria on any development approval required by law, except for the purpose of developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium has to be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions.  If a local government seeks to adopt a moratorium, it must issue, in addition to other things, a statement of the actions, and the schedule for those actions, proposed to be taken by the local government during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

    The act amends GS 160D-107(e) (pertaining to renewals or extension limits for moratoria) to exempt renewals or extensions needed to address scheduled Department of Transportation projects from the statement of actions and schedule discussed above. Instead, the ordinance must provide current information on the status of the projects and any available timeline for completion. Applies to moratoria renewal and extension ordinances adopted on or after the date the act becomes law.