Bill Summary for S 768 (2021)

Summary date: 

Jun 28 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 768 (Public) Filed Monday, May 23, 2022
AN ACT TO UPDATE CROSS-REFERENCES THROUGHOUT THE GENERAL STATUTES TO CONFORM TO THE CONSOLIDATED CHAPTER ON LAND-USE LAWS, TO MAKE OTHER TECHNICAL CORRECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE AN ADDITIONAL TECHNICAL CORRECTION.
Intro. by Galey, Newton.

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Bill summary

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

Amends the heading given to Part I.

Repeals the proposed changes to the following statutes if the specified bill becomes law, which update the statutory cross-references related to land use law: GS 106-743.4 if Senate Bill 762 becomes law, GS 130A-291.1 if Senate Bill 762 becomes law, GS 143-139.4 if Senate Bill 372 becomes law, and GS 153A-471 if Senate Bill 762 becomes law.

Amends the heading given to Part II.

Adds a new Part III. as follows. Subject to Senate Bill 372 becoming law, amends GS 160D-706, as amended by SB 372, which states governing law in instances of conflict between zoning regulations and statute or local ordinance or regulation. Current law 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 North Carolina and the United States. SB 372 replaced that clause, providing that governing law is subject to GS 160A-704(b), and no longer specifying that that statute only limits the authority of cities. Corrects the statutory reference to GS 160A-704(b) cited in Senate Bill 372 to restate the existing limitation cited in GS 160A-174(b), now providing that governing law is subject to GS 160A-174(b) and maintaining the Senate Bill 372 elimination of the statute's narrow limitation to the authority of cities only.

Changes the act's titles.

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