Planning & Land Use (41)
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Date of Last Recorded Action: 10/17/2017

H 0025 MonitorRandolph County Zoning Procedure Changes Allen McNeill
5/30/2017 Ch. SL 2017-19 SLG I SLG
Local Bills Planning & Land Use

Permits the municipal and county governing boards in Randolph County to delegate final decision-making authority on zoning map changes and consistency statements to the relevant planning board. (version 1)

H 0068 HighBRIGHT Futures Act John Szoka
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate EPU RulesOS
Economic Development Information Technology Planning & Land Use Telecommunications Utilities

Clarifies that certain Department of Commerce grants may be spent in support of broadband and its related components; enlarges the scope of existing public private partnership law to include digital infrastructure; and directs several state agency studies related to digital infrastructure, digital literacy, and workforce development. (version 1)

H 0141 MonitorMaintenance Bond for Subdivision Roads Jean Farmer-Butterfield
2/22/2017 House - Ref to the Com on State and Local Government II, if favorable, Transportation --
Planning & Land Use Transportation
Companion bill to SB 92
Grants cities and counties new authority to require maintenance guarantees to cover the costs of maintaining subdivision roads in between the time of completion of those transportation improvements and the time they are added to the State highway system; describes the procedures to follow when initiating and releasing these financial guarantees. (version 1)
H 0158 MonitorSpecial Assessments/Critical Infrastructure Jason Saine
6/21/2017 Ch. SL 2017-40 Fin Fin
Economic Development Planning & Land Use Taxation & Finance Utilities

Adds language to the current special assessments statutes to increase flexibility for cities and counties when structuring financing deals for development using this authority. (version 1)

H 0173 HighRevisions to Outdoor Advertising Laws John Bell
2/23/2017 House - Ref to the Com on Commerce and Job Development, if favorable, Regulatory Reform, if favorable, Finance --
Economic Development Planning & Land Use Transportation

Increases the duration of billboard vegetation removal permits from one to three years. Delineates new factors to determine just compensation for governmental units that acquire, purchase or condemn billboards, including the income generated by the sign. Allows sign owners to relocate signs “within the same zoning jurisdiction adjacent to a highway,” while prohibiting local government officials from taking any zoning enforcement actions related to the sign relocation. Makes other changes related to replacement of specific tree species. (version 1)

H 0244 MonitorEnhanced Rqmts./Composting Facilities Julia Howard
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate HEALTH RulesOS
Environment Planning & Land Use

Institutes a public notice and hearing process for siting of new compost facilities. Requires agency rules that would address offensive odors from compost facilities. (version 1)

H 0292 MonitorDisapprove Cape Fear Rules William Richardson
3/9/2017 House - Ref to the Com on Environment, if favorable, Rules, Calendar, and Operations of the House --
Environment Planning & Land Use

Overrides two recent decisions by the N.C. Environmental Management Commission regarding a reclassification of a segment of the Cape Fear River, as well as a water quality management plan approved for the basin. Does not replace the rules with new language. (version 1)

H 0310 HighWireless Communications Infrastructure Siting Jason Saine
7/21/2017 Ch. SL 2017-159 EPU SLG
Communications Economic Development Planning & Land Use Public Safety Transportation
companion bill to SB 377

Eliminates most municipal zoning authority related to small cell wireless installations. Forces cities to undertake an expedited wireless application review process. Limits the amounts a city may charge applicants for application reviews and use of the right of way. Reduces a city’s control of access to the public’s right of way, among numerous other restrictions. (version 1)

H 0376 MonitorSubdivision Improvement Guarantee Changes Charles McGrady
4/20/2017 Senate - Ref To Com On Rules and Operations of the Senate Trans RulesOS
Planning & Land Use
Addresses situations in which a local government calls a performance guarantee, such as a bond or letter of credit, but the funds paid from that guarantee are insufficient to complete the required improvements. In these cases, authorizes the governing board to spend the funds according to standards established by the board. Allows appeals of the board’s decision to proceed according to the current appeals process for quasi-judicial decisions. (version 1)
H 0436 HighLocal Government/Regulatory Fees Sarah Stevens
7/20/2017 Ch. SL 2017-138 SLG I Fin
Planning & Land Use Taxation & Finance Utilities

Eliminates a city or county’s ability to charge development-related impact fees paid by developers to offset capital costs of local government infrastructure, unless otherwise authorized by the general laws of the state. Also repeals all related local acts. (version 1)

H 0442 MonitorJustice for Rural Citizens Act Larry Pittman
3/23/2017 House - Ref to the Com on State and Local Government II, if favorable, Judiciary III --
Building Inspections Planning & Land Use
Eliminates all extra-territorial jurisdiction authority for municipalities, and lays out a process for transitioning to a non-ETJ status. (version 1)
H 0469 MonitorRegulation of Fully Autonomous Vehicles Phillip Shepard
7/21/2017 Ch. SL 2017-166 Trans Trans
Communications Economic Development Planning & Land Use Public Safety Transportation
Companion bill to SB 337

Updates state laws to reflect the availability of driverless motor vehicles, including an exemption from needing a driver’s license, minor changes to passenger restraint laws, updates to criminal laws affecting motor vehicle operation, such as leaving the scene of a crash, and requirements for insurance on and registration of the vehicle. Preempts local governments from regulating fully autonomous vehicles and their operation. (version 1)

H 0507 HighLand-Use Regulatory Changes Jonathan Jordan
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate RR RulesOS
Liability Planning & Land Use

Makes a host of changes to various land use statutes. Allows applicants for development permits to choose to have proposed—but not yet adopted—rules apply to the development permit. For disputes involving a permit applicant’s choice, creates a right to bring suit in court, accords those disputes priority by all courts, and awards damages to a prevailing permit applicant, but not a prevailing local government. Creates a new statutory vested right to develop under the permit applicant’s choice of rules, for one year, unless the work authorized by the permit has “substantially commenced.” Clarifies that this new vested right does not preclude other applicable vested rights to develop from applying to that project, and clarifies that for multi-phase developments, an applicant’s choice of rules vests at the time of the permit application, not the time of site plan approval. Changes current law regarding citizen-requested zoning map amendments to require written consent of all affected property owners, rather than certification that those property owners received notification of the request; changes the notice requirements for citizen-requested zoning map amendments. Allows aggrieved parties in land-use disputes to bypass a local board of adjustment and instead bring suit in superior court, and offers claimants a number of new grounds for suit. Gives aggrieved parties a new cause of action to challenge the validity of any local government’s land use ordinance. Changes current rules regarding land-use litigation to allow petitioners to present additional types of evidence, and offers additional grounds for suit. Disallows a local government from defending itself in land-use claims on the basis of estoppel, thereby allowing developers to continue development during any legal action regarding that development. Expands the causes of action for which a court must award attorney’s fees to a prevailing plaintiff, but not a prevailing local government. Makes significant changes to current law regarding performance guarantees paid by developers for completion of infrastructure, such as allowing the developer to determine the initial amount of the performance guarantee and to reduce the amount of the guarantee without consent of the local government. In cases where a developer must make transportation improvements, limits a local government’s driveway regulations to those promulgated by NCDOT, and prevents a local government from requiring the developer to require additional property for those improvements, if the developer does not already own that property. (version 1)

H 0509 MonitorDavidson County Zoning Procedure Changes Samuel Watford
6/20/2017 Senate - Re-ref Com On Judiciary SLG II SLG
Local Bills Planning & Land Use

Delegates authority to the Davidson County planning board to undertake the process for and make final decisions on zoning map amendments, including the adoption of a consistency statement, subject to approval by the board of commissioners on the consent agenda. Allows appeal of the planning board’s decisions to go to the board of commissioners. (version 1)

H 0557 MonitorMitigation Services Amendments Christopher Millis
4/11/2017 House - Serial Referral To Transportation Added Env -
Environment Parks & Recreation Planning & Land Use Transportation Utilities
Companion bill SB 611

Makes significant changes to current law that requires governments and private entities to mitigate for environmental harms caused by development activities. Limits these entities to utilizing only private mitigation banks, unless doing so is not practicable. In that case, allows payment of a fee into the state’s Ecosystem Restoration Fund or mitigation completed by the entity, which is a narrowed set of options as compared to current law. In any event, phases out payments allowed to the Fund for land-disturbing activities in the Neuse and Cape Fear river basins, leaving only private mitigation banks as the mitigation credit option in those basins except for one exception granted to NCDOT. Allows a phase-out of the Fund in other river basins at the option of the Department of Environmental Quality. Changes the manner of fee calculation for mitigation credits purchased from the Fund. (version 1)

H 0573 MonitorVacant Building Receivership John Faircloth
4/27/2017 Senate - Ref To Com On Rules and Operations of the Senate Judy III RulesOS
Economic Development Housing & Community Development Planning & Land Use
Authorizes a new mechanism for cities above 30,000 in population at least partially located in economically distressed counties to address vacant homes in their jurisdictions, when the current owners of those homes failed to comply with court orders related to clean-up of the properties. The process allows the city to petition a court for appoint of a receiver, who then has two years to either demolish, rehabilitate, or sell the property. Contains related procedural and legal safeguards to the city, the receiver, and the property owner. (version 1)
H 0579 HighRevisions to Outdoor Advertising Laws David Lewis
4/26/2017 House - Re-ref Com On Rules, Calendar, and Operations of the House RulesCOH -
Economic Development Liability Planning & Land Use

The second of four House bills with this title that concern billboards, this bill addresses issues related to determination of just compensation for sign removal by NCDOT or local governments. Lists nine factors to consider when determining just compensation, including the income generated by rental space on the sign and the ability of the sign owner to relocate and reconstruct the sign in a reasonably comparable site. Allows the sign owner to recover from the condemning government agency the reasonable costs of relocating and reconstructing the removed sign, including up to 30 days of lost income caused by the sign removal. Prohibits local governments from amending their ordinances after the effective date of the bill, as they relate to applicability of billboard regulations throughout the jurisdiction. Proscribes specific rulemaking procedures for NCDOT to follow to implement provisions of this bill. (version 1)

H 0580 HighRevisions to Outdoor Advertising Laws David Lewis
4/26/2017 House - Re-ref Com On Rules, Calendar, and Operations of the House RulesCOH -
Economic Development Planning & Land Use
The third of four House bills with this title that concern billboards, this bill addresses issues related to relocation and reconstruction of signs. Allows sign owners to move their signs nearly anywhere in the state, and then—by right—rebuild the signs in a manner that allows them to be upgraded to digital billboards, mounted on a metal monopole, and increased in size and height. Applies retroactively to signs removed on or after January 1, 2014. Proscribes specific rulemaking procedures for NCDOT to follow to implement provisions of this bill. (version 1)
H 0581 HighRevisions to Outdoor Advertising Laws David Lewis
6/26/2017 House - Failed 2nd Reading RulesCOH -
Economic Development Planning & Land Use

The fourth of four House bills with this title that concern billboards, this bill addresses issues related to the relocation and reconstruction of signs, as well as lessening NCDOT permitting standards for all billboard activities. Allows sign owners to move their signs nearly anywhere in the state, and then—by right—rebuild the signs in a manner that allows them to be upgraded to digital billboards, mounted on a metal monopole, and increased in size and height. Exempts sign owners from typical local enforcement of ordinances and appeals processes. Creates new permitting exemptions from NCDOT and State Building Code regulations for sign owners, as well as new “deemed permitted” rights for sign owners. Directs an administrative process for NCDOT to determine the circumstances under which digital billboards may be used for public notification alerts. Proscribes specific rulemaking procedures for NCDOT to follow to implement provisions of this bill. (version 1)

H 0602 MonitorCities/Require Performance Guarantees Joshua Dobson
4/25/2017 House - Re-ref Com On Rules, Calendar, and Operations of the House SLG II -
Economic Development Planning & Land Use

Grants new authority to cities to require a performance guarantee for demolition and removal of all material from industrial properties. Provides details to guide the performance guarantee issuance process. (version 1)

H 0624 CriticalUniform System Development Fees for Water Charles McGrady
4/10/2017 House - Ref to the Com on Energy and Public Utilities, if favorable, Finance --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill SB 641

In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)

H 0626 MonitorLocal Authority/Large-Scale Chicken Farms Hugh Blackwell
4/10/2017 House - Ref to the Com on Agriculture, if favorable, State and Local Government II --
Planning & Land Use
Allows municipalities to regulate large-scale poultry and swine operations in their jurisdictions. (version 1)
H 0632 MonitorAmend Mitigation Services Law John Torbett
4/25/2017 Senate - Ref To Com On Rules and Operations of the Senate Env RulesOS
Environment Parks & Recreation Planning & Land Use

Among other modifications to state buffer programs, allows developers to utilize land within a required riparian buffer to also be used to satisfy other regulatory requirements, such as stormwater best management practices, residential density calculations, tree conservation and open space requirements, setbacks, perimeter buffers, and lot area requirements. Directs DEQ to revise its nutrient offset fee for the Jordan Lake watershed to reflect the differences in costs in the sub-watersheds. (version 1)

H 0649 MonitorSweepstakes Control Act Christopher Malone
4/11/2017 House - Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House --
Planning & Land Use Public Safety
Companion bill SB 406

Permits up to four electronic gaming machines or devices in a single establishment, presuming they are not otherwise prohibited by state law and that they comply with all applicable local land use laws, among other conditions. (version 1)

H 0747 MonitorLRC Study/Reg. Impact in Coastal Areas Christopher Millis
4/19/2017 House - Re-ref Com On Regulatory Reform RulesCOH -
Economic Development Environment Planning & Land Use Transportation Utilities

Authorizes an interim legislative study that examines the impacts of environmental regulations and local land use regulations, as well as the impacts of underinvestment in infrastructure necessary for economic development. Study area includes counties containing or east of Interstate 95. (version 1)

Green background on status indicates a bill has been acted on the last recorded legislative day.