Bill Summary for H 854 (2021)

Summary date: 

Oct 6 2021

Bill Information:

View NCGA Bill Details2021
House Bill 854 (Public) Filed Tuesday, May 4, 2021
AN ACT TO PROVIDE REFORMS TO LOCAL GOVERNMENT ZONING AUTHORITY TO INCREASE HOUSING OPPORTUNITIES AND TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE ZONING STATUTES.
Intro. by Hardister, Szoka, Bradford, Richardson.

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Bill summary

Senate amendments to the 2nd edition make the following changes.

Amendment #1 further amends GS 160D-108, which provides for development permit choice and statutory vesting, to make a technical, clarifying change.

Amendment #2 adds to the proposed changes to GS 160D-706, which determines governing law in instances of conflict between zoning regulations and statute or local ordinance or regulation. Clarifies that governing law is subject to GS 160A-174(b), which requires city ordinances to be consistent with the Constitution and laws of North Carolina and of the United States and enumerates six instances in which an ordinance is deemed inconsistent, with respect to cities.

Amendment #1 corrects a statutory cross-reference in the language proposed to be added to GS 160D-406(k), concerning judicial review of a quasi-judicial local board decision, to provide that a governing board of the local government's authority to settle the litigation is subject to Article 33C of GS Chapter 143, which governs the meetings of public bodies (previously, referenced Article 33, since repealed).

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