House committee substitute amends the 1st edition as follows.
Deletes the proposed changes to GS 160D-203 and instead amends the statute as follows. Clarifies existing law, providing that local governments can enter into a mutual agreement with the written consent of a land owner to assign exclusive planning and development regulation jurisdiction for land under GS Chapter 160D, including all development phases on the land, to any one local government when land lies within the jurisdiction of more than one local government. Requires the agreement to be evidenced by a resolution formally adopted by each governing board and recorded with the register of deeds in any county where the land is located (was, in the county where the property is located) within 14 days of the adoption of the last required resolution. Adds a new provision allowing a landowner, defined as all titleholders of record owning an interest in the land, to designate which local government's planning and development regulations will apply to such land absent a mutual agreement by the local governments. Additionally authorizes the landowner to enter into an agreement with one or more other local governments, after such a designation is made, for any part of the development including utilities, annexation for utility access, all development phases of the land, and other services offered, subject to approval of the designated local government. Requires the landowner to record such agreements in any county where the land is located within 14 days of execution of the agreement. Limits any agreement under the statute to planning and development regulations (was, development regulations only), and explicitly excludes any affect on taxation or other nonregulatory matters. Changes the act's long title.
DEVELOPMENT REGULATIONS/MULTIJURISDICTION.
Printer-friendly: Click to view
View NCGA Bill Details | 2021 |
AN ACT TO ESTABLISH JURISDICTION FOR PLANNING AND DEVELOPMENT REGULATIONS FOR LAND THAT LIES WITHIN THE PLANNING AND DEVELOPMENT JURISDICTION OF MORE THAN ONE LOCAL GOVERNMENT.Intro. by Brody, Potts, Moffitt, Richardson.
Bill History:
-
Thu, 25 Mar 2021 House: Filed
-
Mon, 29 Mar 2021 House: Passed 1st Reading
-
Thu, 15 Apr 2021 House: Reptd Fav Com Substitute
-
Thu, 15 Apr 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
-
Tue, 20 Apr 2021 House: Reptd Fav
-
Tue, 20 Apr 2021 House: Cal Pursuant Rule 36(b)
-
Tue, 20 Apr 2021 House: Placed On Cal For 04/21/2021
-
Wed, 21 Apr 2021 House: Passed 2nd Reading
-
Wed, 21 Apr 2021 House: Passed 3rd Reading
-
Thu, 22 Apr 2021 House: Regular Message Sent To Senate
-
Thu, 22 Apr 2021 Senate: Regular Message Received From House
-
Thu, 22 Apr 2021 Senate: Passed 1st Reading
-
Thu, 22 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
-
Mon, 20 Jun 2022 Senate: Withdrawn From Com
Bill Summaries:
-
Bill H 425 (2021-2022)Summary date: Apr 15 2021 - View Summary
-
Bill H 425 (2021-2022)Summary date: Mar 25 2021 - View Summary
Amends GS 160D-203, which provides that if a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the local governments may, by mutual agreement and with the landowner's written consent, assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments; expands upon this provision to also allow such an agreement for additional phases identified or proposed future phases. Adds that if a mutual agreement does not exist, then the decision as to which jurisdiction controls an entire project, including utilities; annexation for utility access; if applicable, all proposed and future phases; and other services offered by the controlling jurisdiction are to be made by the developer. Allows the developer or petitioner to enter into an agreement with multiple jurisdictions for any part of the development subject to permission from the controlling jurisdiction. Specifies that this is only applicable to development regulations and that it does not affect taxation or other nonregulatory matters.
House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ESTABLISH A DEFAULT JURISDICTION FOR A PARCEL OF LAND THAT LIES WITHIN THE PLANNING AND DEVELOPMENT REGULATION JURISDICTION OF MORE THAN ONE LOCAL GOVERNMENT.