UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: Tuesday, April 7, 2015
PUBLIC/HOUSE BILLS
H 548 (2015-2016) ZONING/MODERNIZE & REORGANIZE. Filed Apr 2 2015 , AN ACT TO REORGANIZE, CLARIEY, AND
MODERNIZE STATUTES REGARDING LOCAL PLANNING AND DEVELOPMENT REGULATION.
Enacts new GS Chapter 160D, Local Planning and Development Regulation, which consolidates, reorganizes, and
clarifies local planning and development regulations that were previously found in GS Chapter 1 53A, Article 1 8
(Planning and Regulation of Development for counties), and GS Chapter 160A, Article 19 (Planning and Regulation of
Development for cities and towns). Consolidates city and county planning and development statutes, making the
provisions applicable to local governments, while retaining necessary differences, and makes conforming changes.
Additionally, makes the following changes.
Article 1.
Sets out provisions concerning the applicability of the Article and Chapter. Sets out and defines terms. Adds and
defines, or modifies the definitions of, administrative decision, determination, development approval, dwelling,
evidentiary hearing, impact mitigation, landowner, legislative decision, local government, site plan, special use permit,
subdivision, subdivision regulation, zoning map amendment or rezoning, and zoning regulation.
Amends language in GS 160D-1-3 to add that inclusion of an ordinance authorized by this Chapter or local act in a
unified development ordinance does not expand, diminish, or alter the scope of authority for those ordinance provisions.
Enacts new GS 160D-1-4 providing that all rights, privileges, benefits, burdens, and obligations created by development
approvals made pursuant to this Chapter attach to and run with the land.
Amends GS 160D-1-8 to specify the administrative process to be followed when a common law vested right is claimed.
Amends GS 160D-1-9 to prohibit a governing board member from voting on any zoning map amendment if the
landowner of the property subject to the petition or the applicant is a person with whom the member has a close familial,
business, or other associational relationship. Clarifies that a planning board or other appointed board member may not
vote on a recommendation regarding a rezoning directly affecting someone with whom they have a close relationship
even if no direct financial impact would result for the member, and that a staff member may not make an administrative
decision affecting someone with whom they have a close relationship even if no direct financial impact would result.
Article 2.
Enact new GS 160D-2-3 allowing cities and counties to agree on single jurisdiction for regulation of parcels with split
jurisdiction.
Enacts new GS 160D-2-4 to allow hearing and permit processing, but not decisions, to proceed in anticipation of a shift
in jurisdiction.
Article 3.
Amends GS 160D-3-1 to update planning board functions. Allows a planning board to provide a preliminary forum for
review of quasi-judicial decisions, so long as no part of the forum or recommendation is used as a basis for the deciding
board.
Enacts new GS 160D-3-8 to allow governing boards to adopt rules of procedure that are consistent with the provisions
