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NC H722

Bill

Status

Introduced

4/11/2019

Primary Sponsor

Destin Hall

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

House Bill 722 - Land-Use Regulatory Changes

  • 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.

  • 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.

  • 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.

  • 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).

  • 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

Committee Referrals

Regulatory Reform4/15/2019

Full Bill Text

No bill text available