Bill Summary for H 806 (2011-2012)

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Summary date: 

Jun 14 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 806 (Public) Filed Wednesday, April 6, 2011
CHANGING THE STATUTE OF LIMITATIONS AND REPOSE FOR CHALLENGING ZONING ORDINANCES AND TO PROHIBIT SPECIFIED ZONING ORDINANCES AFFECTING SINGLE-FAMILY DETACHED RESIDENTIAL USES ON LOTS GREATER THAN TEN ACRES IN AGRICULTURAL ZONING DISTRICTS.
Intro. by Jordan, Stam, Moffitt, Stevens.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition. Amends proposed GS 1-54(10) to specify that a challenge to a zoning or unified development ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance.
Amends proposed GS 153A-348(b) and proposed GS 160A-364.1(b), respectively, to (1) require that certain actions challenging the validity of zoning or unified development ordinances be brought within one year (was, two years) of the accrual of the action and (2) specify that a challenge to a zoning or unified development ordinance on the basis of an alleged defect in the adoption process must be brought within three years after the adoption of the ordinance.
Amends proposed new GS 153A-348(c) and proposed GS 160A-364.1(c), respectively, to prohibit a party in an enforcement action or appeal from asserting the invalidity of the ordinance on the basis of an alleged deft in the adoption process unless the defense is formally raised within three years of the adoption of the challenged ordinance.