Senate committee substitute replaces the 1st edition in its entirety with the following. Makes conforming changes to the act’s titles.

Part I.

Amends GS 160D-702 (zoning) so that a zoning or other development regulation cannot require an off-street parking lot to meet a minimum number of parking spaces per development or structure, regardless of occupancy or use. Exempts local governments in coastal areas (defined) from the above limitation except for parking related to the three described historic properties. Prevents a zoning regulation from requiring an off-street parking space (was, parking space) to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking. Effective July 1, 2026.

Part II.

Adds built-upon area to definitions pertaining to GS 143-214.7 (stormwater programs) and modifies development. Now prevents stormwater runoff rules and programs from requiring private property owners to install new or increased stormwater controls for existing built-upon area (was, preexisting development), in addition to other described redevelopment activities. Specifies that when development or redevelopment occurs at a site that has existing built-upon area, (i) the existing built-upon area is not included in the density calculations for additional stormwater control requirements, as specified, (ii) the existing built-upon area at the site is not subject to additional stormwater control requirements under the statute, regardless of whether the existing built-upon area is demolished, relocated, replaced, or remains in place during the development activity, (iii) for purposes of determining the size of the area for which stormwater control measures are required for a development or redevelopment, built-upon area that existed before the development or redevelopment will be applied on a square-foot-for-square-foot basis to reduce the built-upon area for which stormwater control measures are required, and (iv) stormwater control requirements cannot be applied retroactively to existing built-upon area, unless otherwise required by federal law. Removes provisions specifying that when a preexisting development is redeveloped, either in whole or in part, increased stormwater controls shall only be required for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment, irrespective of whether the impervious surface that existed before the redevelopment is to be demolished or relocated during the development activity. Now allows a property owner to elect to treat the stormwater resulting from the net increase in built-upon area above the existing built-upon area at the development or redevelopment (was, preexisting development) for the purpose of exceeding allowable density under the applicable water supply watershed rules. Authorizes a local government to offer nonmandatory incentives that waive building, zoning, connection, or other regulations or fees; provide additional tax and financial benefits; or institute other incentives for development or redevelopment that implements additional stormwater control measures beyond those required by this section and rules adopted thereunder.

Requires any local governments that implement a stormwater management program to amend its ordinance to conform to the act within twelve months of the effective date of the act. Voids any ordinances that are inconsistent with the stormwater provisions of the act after this date. Allows local governments to adopt, amend, or repeal ordinance provisions the above described incentives at any time after the effective date of this section.

Applies to stormwater rules and stormwater program amendments adopted on or after the act becomes law.