Bill Summary for S 355 (2019-2020)

Summary date: 

Jun 20 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 355 (Public) Filed Tuesday, March 26, 2019
AN ACT TO CLARIFY, CONSOLIDATE, AND REORGANIZE THE LAND-USE REGULATORY LAWS OF THE STATE.
Intro. by Bishop, Newton, Searcy.

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Bill summary

House committee substitute to the 2nd edition makes the following changes.

Part I

Adds to the proposed changes to GS 143-755 to require development permit applications to be discontinued and the development regulations in effect at the time permit processing is resumed to be applied to the application if (1) the permit application is placed on hold at the request of the applicant for a period of six consecutive months or more or (2) the applicant fails to respond to comments or provide additional information requested by the local or State government for a period of six consecutive months or more.

Modifies the proposed changes to GS 160A-385 (concerning cities) and GS 153A-344 (concerning counties) to limit the option to choose the version of applicable local land development regulations in instances where multiple local development permits are required to complete a development permit, making the provision only applicable for subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. Concerning the expiration of the statutory vesting period due to discontinuance, adds that the 24-month discontinuance period is automatically tolled during the pendency of any board of adjustment proceeding or civil action regarding the development permit's validity, the use of the property, or the existence of the statutory vesting period. Further, tolls the statutory vesting period during the pendency of any litigation involving the development project or property that is the subject of the vesting.

Eliminates the proposed addition to GS 160A-388(b1)(2), which required written notice by a board of adjustment making a decision on an appeal to include language that the determination is final and give notice for appeal of the decision as provided by law in order for the board's decision to be effective.

Adds to proposed GS 160A-393.1 concerning standing for civil action concerning the enforceability, validity, or effect of a local land development regulation as previously described. Establishes that a civil action is not moot if, during pendency of the action, the aggrieved person loses the applicable property interest as a result of the local government action being challenged and exhaustion of an appeal described therein is required to preserve a damages claim. Enacts an identical provision to GS 160A-393 concerning standing on appeal. 

Further amends GS 160A-393 to modify the standard of review on appeal to include whether the decision-making body's findings, inferences, conclusions, or decisions were unsupported by competent, material, and substantial evidence in view of the entire record (was, unsupported by substantial competent evidence in view of the entire record). Establishes that whether the record contains competent, material, and substantial evidence is a conclusion of law, reviewable de novo. 

Modifies proposed GS 160A-393.2, now prohibiting an estoppel defense by a city or county if the landowner or permit applicant is challenging conditions that were imposed and not consented to in writing by the landowner or permit applicant (previously, required that the challenged conditions be illegally imposed to limit the defense).

Modifies the proposed changes to GS 160A-381 (concerning cities) and GS 153A-340 (concerning counties) to no longer prohibit the denial of a development permit on the basis that existing public facilities are inadequate to serve the property described in the permit application regardless of the type of use or development of the property.

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