Bill Summary for H 409 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 409 (Public) Filed Thursday, March 16, 2023
Intro. by Winslow, Alston, Tyson, G. Brown.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends new GS 160D-917 (pertaining to accessory dwelling units [ADU]) as follows. Changes the definition of ADU to mean an attached or detached residential structure that is used in connection with or that is accessory to a primary single-family detached dwelling (was, just single-family dwelling) and that has less total square footage than the primary single-family detached dwelling (was, just primary single-family dwelling). Specifies that a local government may not require owner occupancy of the primary single-family detached dwelling unit or its ADU (was, require owner occupancy of any dwelling unit, including ADU) and that it may not charge any fees in excess of those charged for the permitting of a single-family detached dwelling unit (previously exempted building permit from this limitation). Makes other organizational and technical changes to what local governments may do or requirements they may impose in relation to ADU’s. Deletes the provision allowing the local government to regulate the ADU’s under the new law in any other way so long as the regulations do not act to discourage development or siting of ADU’s through unreasonable costs or delay. Now specifies that a local government may regulate ADU’s pursuant to GS Chapter 160D and specifies that nothing in GS 160D-917 may be construed to impair the authority of a local government to adopt and enforce ordinances pursuant to Part 2 of Article 9 of GS Chapter 160D to comply with State and federal law, rules, and regulations, or permits consistent with the interpretations and directions of the State or federal agency issuing the permit. Makes other organizational, clarifying, and technical changes. Specifies that act applies to applications for ADU permits submitted on or after October 1, 2023.