HENDERSON COUNTY LOCAL OMNIBUS. (NEW)

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View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 69 (Local) Filed Monday, February 10, 2025
AN ACT REGARDING THE OPERATION OF PUBLIC ENTERPRISES BY THE CITY OF HENDERSONVILLE; TO AUTHORIZE THE TOWN OF MILLS RIVER TO ADOPT A UNIFIED DEVELOPMENT ORDINANCE UNDER CERTAIN CIRCUMSTANCES; TO ALLOW HENDERSON COUNTY TO AMEND ITS ZONING REGULATIONS UNDER CERTAIN CIRCUMSTANCES; TO ELIMINATE THE EXTRATERRITORIAL JURISDICTION AUTHORITY OF MUNICIPALITIES IN HENDERSON COUNTY; AND TO REQUIRE HENDERSON COUNTY TO APPROVE ANY REZONING OF AREAS WITHIN THE COUNTY THAT ARE VOLUNTARILY ANNEXED BY A MUNICIPALITY.
Intro. by Moffitt.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 8 2025)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT REGARDING THE OPERATION OF PUBLIC ENTERPRISES BY THE CITY OF HENDERSONVILLE.

Bill History:

S 69

Bill Summaries:

  • Bill S 69 (2025-2026)
    Summary date: May 6 2025 - View Summary

    Senate committee substitute to the 1st edition organizes the previous sections into Part I and adds the following content. Amends the act's titles.

    Part II.

    Authorizes the Town of Mills River to adopt unified development ordinances as presented to the Town Council in October 2024 notwithstanding specified state law. Directs that the adoption must occur on or before October 1, 2025.

    Part III.

    Authorizes Henderson County to amend definitions in its unified development ordinance to eliminate or modify uses allowed by right in all zoning districts. Requires the amendments be consistent with GS Chapter 160D except as provided in the notwithstanding clause. Directs that any amendment occur on or before October 1, 2025.

    Part IV.

    Prohibits any municipality in Henderson County (County) from exercising planning and development authorities under GS Chapter 160D or Article 19, GS Chapter 160A, outside of its contiguous corporate limits. Directs that relinquishment of municipal jurisdiction over an area regulated pursuant to these authorities is effective July 1, 2025. Provides that the municipality's regulations and powers of enforcement are effective until the sooner of either the County adopting the regulation or 60 days following relinquishment. Authorizes the County to hold hearings and take other actions authorized under GS 160D-204 relating to pending jurisdiction as the County adopts and applies its regulations to the area for which municipal jurisdiction is relinquished. Provides for continued vestiture of rights acquired under municipal jurisdiction. Allows the County, upon acquiring jurisdiction, to take development actions that could have been taken by the municipality, and makes buildings, structures, and land use in the acquired jurisdiction subject to the County's development regulations.

    Part V.

    Applicable only to Henderson County and those municipalities located wholly within the County, requires approval of the governing bodies of the County and the municipality before any area that is included in property annexed by the municipality under Parts 1 or 4 (extension of corporate limits by petition; annexation of noncontiguous areas), Article 4A, GS Chapter 160A can be rezoned. Applies to annexations initiated on or after July 1, 2025.

    Part VI.

    Provides that the act is effective on the date the act becomes law, except as otherwise provided.

    Development, Land Use and Housing, Land Use, Planning and Zoning, Public Enterprises and Utilities
    UNCODIFIED, Henderson
  • Bill S 69 (2025-2026)
    Summary date: Feb 10 2025 - View Summary

    Amends the following statutes, applicable only to the City of Hendersonville, as follows.  

    Expands Hendersonville’s authority to operate public enterprises under GS 160A-312 to other areas and citizens located outside the corporate limits of the city. Adds the following requirements to the rules adopted by Hendersonville must follow: (1) the rules may not apply differing treatment within and outside the corporate limits of the city; (2) the rules must make access to public enterprise services available to the city and its citizens and other areas and their citizens located outside the corporate limits of the city equally; and (3) the rules may prioritize the continuation of the provision of services based on availability of excess capacity to provide the service. Requires the rules to apply equally to the public enterprise both within and outside the corporate limits of the city (currently, rules just have to apply). Makes technical changes. Provides for separate funds and sequestration of funds for public enterprises. Directs that the above changes do not apply to the operation of public transportation systems or off-street parking facilities and systems as public enterprises. Effective June 30, 2025, and applies to the 2025-2026 fiscal year and to each fiscal year thereafter. Specifies that any assets, liabilities, or equity of a public enterprise operated or held by Hendersonville in the 2025-2026 fiscal year will be transferred to a separate fund in accordance with GS 160A-312, as amended, by the act when the act becomes law.

    Amends the requirements for annexation by petition in Hendersonville under GS 160A-31 by requiring that the petition for annexation contain a statement from the owner that the petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. Makes conforming changes to GS 160A-58.1 (petition for annexation; standards). Applies to petitions for annexation received by Hendersonville on or after June 30, 2025.

    Public Enterprises and Utilities
    UNCODIFIED, Henderson
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