NC Passes Bill that Prohibits “Downzoning”

NC legislators passed Senate Bill 382 last month. This massive bill was a packaged omnibus bill. Surprisingly, on the last page of the bill was a passage that prevents local governments from initiating down-zoning without consent of the affected property owner. This is a victory for private property rights in North Carolina.

The bill reads as follows.

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated, enacted, or enforced without the written consent of ALL property owners whose property is the subject of the down-zoning amendment.

For example, if a property owner has the right to build a project on their land…the property owner will have the right to build the project unless the owner gives written consent to local government to take the right to build away.

This new legislation severely restricts local governments ability to control development.

Comments:

Scott Mooneyham (NC League of Municipalities) – “It showed up there without any notice to anybody.”

Steven Webb (NC Home Builders Association) – in support of the legislation said, “We didn’t ask for this provision. I’m not really sure where it came from.”