Bill Summary for H 281 (2025-2026)

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Summary date: 

Mar 4 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 281 (Local) Filed Tuesday, March 4, 2025
AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN-ZONING IN MOREHEAD CITY, THE TOWN OF BEAUFORT, THE TOWN OF BOGUE, THE TOWN OF CAPE CARTERET, THE TOWN OF CEDAR POINT, AND THE TOWN OF NEWPORT.
Intro. by Cairns.

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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 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 Morehead City, Beaufort, Bogue, Cape Carteret, Cedar Point, and Newport. Effective when the act becomes law and applies retroactively to December 11, 2024. Directs that any adopted ordinance affected by Section 3K.1 of SL 2024-57 will be in effect as it was on or before December 11, 2024.