VARIOUS LAND-USE LAW CHANGES/CLARIFICATIONS. (NEW)

View NCGA Bill Details2021
House Bill 821 (Public) Filed Tuesday, May 4, 2021
AN ACT TO REQUIRE THAT COURTS MUST AWARD REASONABLE ATTORNEYS' FEES AND COSTS AGAINST A LOCAL GOVERNMENT IN CERTAIN CIVIL ACTIONS AND APPEALS, TO CLARIFY LOCAL GOVERNMENT AUTHORITY OVER LOCAL PLANNING AND DEVELOPMENT REGULATION, TO REQUIRE CITIES TO PROVIDE WATER AND SEWER SERVICES FOR CERTAIN PROPERTIES IN AREAS OF EXTRATERRITORIAL JURISDICTION, AND TO PROVIDE AN APPROPRIATION TO THE SCHOOL OF GOVERNMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL.
Intro. by McNeely.

Status: Re-ref to the Com on Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (Aug 19 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT REQUIRING THE AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS WHENEVER A PARTY PREVAILS AGAINST A COUNTY OR CITY UPON A FINDING BY THE COURT THAT THE CITY OR COUNTY ACTED IN A MANNER INCONSISTENT WITH ITS COMPREHENSIVE ZONING PLAN.

H 821

Bill Summaries:

  • Summary date: Aug 19 2021 - More information

    House committee substitute to the 1st edition makes the following changes.
    Eliminates the proposed changes to GS 6-21.7 (Attorneys' fees; cities or counties acting outside their authority). Instead amends the statute as follows. Expands the scope of the statute to apply to actions in which a local government is a party (was, city or county). Makes clarifying and organizational changes. Adds that a court must award reasonable attorneys' fees and costs to the party who successfully challenged a local government's action upon finding that the local government is not the prevailing party in an appeal initiated by the local government regarding a development approval decision under GS Chapter 160D. Adds and defines local government by statutory cross-reference. Makes technical changes. Applies to civil actions or appeals commenced on or after October 1, 2021.

    Enacts GS 160D-112, explicitly denying local governments the authority to take five listed actions unless otherwise provided by local act, including: (1) imposing impact fees for development; (2) conditioning a development approval on the existence of a community benefits agreement, as defined; (3) requiring a developer to provide funds for affordable housing or construct, set aside, or designate one or more dwellings or developments as affordable housing; (4) requiring a completed traffic impact analysis prior to a development approval; and (5) requiring a developer to construct a greenway.

    Amends GS 160D-703 to no longer explicitly include impact fees in the conditions or requirements which a local government is prohibited from requiring, enforcing, or incorporating into zoning regulations for conditional districts without the written consent of a petitioner.

    Enacts GS 160A-329.1 to require cities to provide water and sewer services to a property if the city has the capacity, exercises extraterritorial jurisdiction over the property, extends a development regulation to the extraterritorial area where the property is located, and the property owner submits a request for such services to the governing board no earlier than one year after the property was added to the area of extraterritorial jurisdiction. Sets forth applicable defined terms. Applies to property added to the extraterritorial jurisdiction of a city on or after October 1, 2021.
    Appropriates $10,000 from the General Fund to the UNC School of Government for 2021-22 to provide free training to local government board members and managers on the act's implementation.

    Makes the act effective October 1, 2021 (was, the date the act becomes law). Changes the act's titles.


  • Summary date: May 4 2021 - More information

    Amends GS 6-21.7 (attorney fees; cities or counties acting outside their authority) providing courts must award reasonable attorney’s fees and costs to the prevailing party upon a finding that a local government’s action against the party was inconsistent with provisions of the local government's comprehensive zoning plan. Also makes conforming changes.


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