Bill Summary for H 854 (2021)

Summary date: 

Sep 8 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 committee substitute deletes the content of the 1st edition and replaces it with the following.

Amends GS 160D-108, which provides for development permit choice and statutory vesting. Specifies that the permit applicant's right to choose which local regulations are applicable to a project where multiple permits are required, limited to subsequent permit applications filed within 18 months of the initial permit approval, to complete the project does not limit or affect the duration of the statutory vested right established. States legislative intent for the provisions to clarify and restate the intent of existing law.

Amends GS 160D-706, which states governing law in instances of conflict between zoning regulations and statute or local ordinance or regulation. Specifies 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 the Constitution and laws of NC and the US. States legislative intent for the provisions to clarify and restate the intent of existing law.

Amends GS 160D-406(k) concerning judicial review of a quasi-judicial local board decision, to specify that the governing board of the local government that is a party of the judicial review of the quasi-judicial decision has authority to settle the litigation.

Amends GS 160D-1402(i), regarding supplementation of the record on appeals of a decision-making board. States that a failure to object at a hearing by a person with standing under the statute is not a waiver of a right to assert impermissible conflict involving a member of the decision-making board. Enacts a new subsection to provide that, if a special use permit is issued by the applicable decision-making board after remand from an order of the court of competent jurisdiction and no injunction prevents the issuance of a special use permit, then any appeal of the court's order or the subsequently issued special use permit is rendered moot. 

Changes the act's titles.

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