Bill Summary for H 252 (2023-2024)

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Summary date: 

Mar 1 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 252 (Public) Filed Wednesday, March 1, 2023
AN ACT TO ESTABLISH JURISDICTION FOR PLANNING AND DEVELOPMENT REGULATIONS FOR LAND THAT LIES WITHIN THE PLANNING AND DEVELOPMENT JURISDICTION OF MORE THAN ONE LOCAL GOVERNMENT.
Intro. by Winslow, Brody, Tyson, Zenger.

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Bill summary

Amends GS 160D-203, which currently pertains to when a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, as follows.  Enacts new subsections GS 160D-203(b)-(d) as described below. Changes references in GS 160D-203(a) from “a parcel of land” to “land,” so that the land would not have to be in one parcel in order for the provisions of that subsection to apply. Specifies that if local governments agree, with the consent of the landowner, to assign exclusive planning and development regulation, that includes all development phases on the land.

Specifies that if the local governments are unable to come to a mutual agreement as set forth above, the landowner may designate which local government’s planning and development regulations apply to the land. Authorizes landowner to enter into agreements with one or more other local governments for any part of the development, including utilities, annexation for utility access, all development phases on the land (if applicable), and other services offered, after the designation is made. Requires the landowner to record all such agreements with the register of deeds in any county where the land is located within 14 days of the execution of the agreement. Specifies that GS 160D-203 is only applicable to planning and development regulations (currently, just development regulations). Specifies definition of landowner as all titleholders of record owning an interest in the land.

Makes organizational and conforming changes to account for new subsections.