Bill Summary for H 253 (2025-2026)

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Summary date: 

Feb 27 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 253 (Local) Filed Thursday, February 27, 2025
AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN-ZONING IN HENDERSON COUNTY FOR CERTAIN PURPOSES.
Intro. by Balkcom.

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Bill summary

Amends GS 160D-601(d), as amended by Section 3K.1 of SL 2024-57, as follows. Allows down-zoning amendments to be initiated by a local government for the purpose of (1) farmland preservation in districts zoned for agriculture or (2) floodplain mitigation in areas designated as special flood hazard areas by FEMA, without the written consent of all property owners whose property is the subject of the amendment. Removes prohibition on enacting such amendments without the written consent of the property owners whose property owners are subject to the amendment, but specifies that such amendments cannot be initiated or enforced without such written consent. Narrows the list of what is considered down-zoning under the statute by removing a zoning ordinance that affects an area of land by creating any type of nonconformity on land not in a residential zoning district, including a nonconforming use, nonconforming lot, nonconforming structure, nonconforming improvement, or nonconforming site element. Applicable only to Henderson County and the portions of municipalities that are located in Henderson County. Applies retroactively to December 11, 2024. Makes an adopted ordinance affected by Section 3K.1 of SL 2024-57, in effect as it was on or before December 11, 2024.