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NC H722
Bill
Status
4/11/2019
Primary Sponsor
Destin Hall
Click for details
AI Summary
House Bill 722 - Land-Use Regulatory Changes
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Expands permit choice provisions allowing development permit applicants to select which version of zoning rules applied at time of application or at time of wrongful denial, with protections against illegal conditions.
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Creates new civil action procedures in G.S. 160A-393.1 allowing property owners to challenge land development regulations for constitutional violations, ultra vires authority, or regulatory takings in superior court with de novo review.
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Prohibits cities and counties from imposing unauthorized conditions on special use permits, conditional use permits, or rezoning, including restrictions on taxes, impact fees, certain building design elements, excessive street improvements, or driveway improvements beyond statutory limits.
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Modifies zoning map amendment procedures requiring written consent from all affected property owners unless amendment is initiated by the city or county, with enhanced notice requirements and limitations on multi-phased development vesting (25+ acres for cities, 100+ acres with public land dedication for special multi-phased developments).
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Requires courts to award reasonable attorneys' fees when local governments violate G.S. 160A-360.1, 153A-320.1, or 143-755 permit choice provisions, and prohibits estoppel defenses when landowners challenge illegally imposed development conditions.
Legislative Description
Land-Use Regulatory Changes
Last Action
Ref to the Com on Regulatory Reform, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House
4/15/2019