Bill Summary for H 425 (2021-2022)

Summary date: 

Apr 15 2021

Bill Information:

View NCGA Bill Details2021
House Bill 425 (Public) Filed Thursday, March 25, 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.

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Bill summary

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.

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