AN ACT to: prohibit local boards of health from regulating private pools serving single family dwellings; clarify the scope of swimming pool laws by amending the exemption for PRIVATE POOLs serving single family dwellings; make other technical changes to G.S. 130a‑280; reform local GOVERNMENt development regulations in this state; and clarify that use rights on property are not extinguished by the approval of additional use rights.

The General Assembly of North Carolina enacts:

part I. swimming pool amendments

SECTION 1.  G.S. 130A‑39(b) reads as rewritten:

(b)      A local board of health may adopt a more stringent rule in an area regulated by the Commission for Public Health or the Environmental Management Commission where, in the opinion of the local board of health, a more stringent rule is required to protect the public health; otherwise, the rules of the Commission for Public Health or the rules of the Environmental Management Commission shall prevail over local board of health rules. However, a local board of health may not adopt a rule concerning a private pool serving a single family dwelling otherwise exempt from regulation pursuant to G.S. 130A‑280 or a rule concerning the grading, operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in G.S. 130A‑247(1), and a local board of health may adopt rules concerning wastewater collection, treatment and disposal systems which are not designed to discharge effluent to the land surface or surface waters only in accordance with G.S. 130A‑335(c).

SECTION 2.  G.S. 130A‑280, as amended by Section 4.51 of S.L. 2024‑49, reads as rewritten:

§ 130A‑280.  Scope.Scope and definitions.

(a)        This Article Part provides for the regulation of public swimming pools in the State as they may affect the public health and safety. As used in this Article, the term public swimming pool means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons. As used in this Article, an artificial swimming lagoon means any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health. This Article Part does not apply to any of the following:

(1)        A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests.guests, regardless of whether their guests gain use of the private pool through a sharing economy platform or pay a fee for its use. In all cases in which a fee is exchanged for access to a private pool serving a single family dwelling that is used only by the residents of the dwelling and their guests, the private pool shall be maintained in good and safe working order.

(2)        A private pool serving a single family dwelling meeting the minimum requirements of this subdivision which is offered to, and used by, individuals on a temporary basis utilizing a sharing economy platform. For the purposes of this subdivision, a sharing economy platform means an online platform used to facilitate peer‑to‑peer transactions to acquire, provide, or share access to goods and services. For the purposes of this subdivision, a pool must meet all of the following minimum requirements:

a.         Pools must have proper fencing and barriers to prevent unsupervised access, especially by children. The fence should be at least 4 feet high with a self‑latching gate.

b.         Pools must have clear and conspicuous signage posted around the pool area specifying pool rules, depth markers, and any potential hazards.

c.         Pools must be equipped with basic lifesaving equipment, including life rings and reaching poles.

d.         Pool decks and surrounding areas must have non‑slip surfaces.

e.         Pools must have properly fitted covers for all submerged suction outlets.

f.          Pools must be well‑maintained with proper chemical balance and cleanliness to ensure safe and healthy swimming conditions.

(3)        Therapeutic pools used in physical therapy programs operated by medical facilities licensed by the Department or operated by a licensed physical therapist, nor to therapeutic chambers drained, cleaned, and refilled after each individual use.

(b)        Definitions. – The following definitions apply in this Part:

(1)        Artificial swimming lagoon. – Any body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health.

(2)        Public swimming pool. – Any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons.

(3)        Sharing economy platform. – An online platform used to facilitate peer‑to‑peer transactions to acquire, provide, or share access to goods and services.

part II. local government Development regulation reform

LIMIT PLANNING AND DEVELOPMENT REGULATION AUTHORITY TO THAT EXPRESSLY GRANTED BY CHAPTER 160D OF THE GENERAL STATUTES

SECTION 3.(a)  G.S. 160D‑101 reads as rewritten:

§ 160D‑101.  Application.

(a)        The provisions of this Article shall apply to all development regulations and programs adopted pursuant to this Chapter or applicable or related local acts. To the extent there are contrary provisions in local charters or acts, G.S. 160D‑111 is applicable unless this Chapter expressly provides otherwise. The provisions of this Article also apply to any other local ordinance that substantially affects land use and development.

(b)        The provisions of this Article are supplemental to specific provisions included in other Articles of this Chapter. To the extent there are conflicts between the provisions of this Article and the provisions of other Articles of this Chapter, the more specific provisions shall control.

(c)        Local governments may also apply any of the definitions and procedures authorized by this Chapter to any ordinance that does not substantially affect land use and development adopted under the general police power of cities and counties, Article 8 of Chapter 160A of the General Statutes and Article 6 of Chapter 153A of the General Statutes respectively, and may employ any organizational structure, board, commission, or staffing arrangement authorized by this Chapter to any or all aspects of those ordinances.

(d)       This Chapter does not expand, diminish, or alter the scope of authority for planning and development regulation authorized by other Chapters of the General Statutes.

(e)        Except as provided by local act, notwithstanding any other provision of law, a local government may not exercise development regulation authority except as expressly authorized by this Chapter. If State law governs a particular subject matter related to local government development regulation authority, a local government shall not enact or enforce development regulations more restrictive than those established by State law, unless the development regulation pertains to floodplain management regulations as described in G.S. 143‑138(e).

SECTION 3.(b)  G.S. 160D‑110(a) reads as rewritten:

(a)      G.S. 153A‑4 and G.S. 160A‑4 are not applicable to this Chapter.

SECTION 3.(c)  G.S. 160D‑111 reads as rewritten:

§ 160D‑111.  Effect on prior laws.

(a)        The enactment of this Chapter does not require the readoption of any local government ordinance enacted pursuant to laws that were in effect before January 1, 2020 and are restated or revised herein. The provisions of this Chapter do not affect any act heretofore done, any liability incurred, any right accrued or vested, or any suit or prosecution begun or cause of action accrued as of January 1, 2020. October 1, 2025. The enactment of this Chapter does not amend the geographic area within which local government development regulations adopted prior to January 1, 2020, are effective.

(b)        G.S. 153A‑3 and G.S. 160A‑3 are applicable to this Chapter. Nothing in this Chapter repeals or amends a charter or local act in effect as of June 19, 2020, October 1, 2025, unless this Chapter or a subsequent enactment of the General Assembly clearly shows a legislative intent to repeal or supersede that charter or local act.act, or if that charter or local act is inconsistent with the provisions of this Chapter.

….

SECTION 3.(d)  G.S. 153A‑121 is amended by adding a new subsection to read:

(d)      This section does not apply to the adoption or enforcement of development regulations under Chapter 160D of the General Statutes.

SECTION 3.(e)  G.S. 160A‑174 is amended by adding a new subsection to read:

(c)      This section does not apply to the adoption or enforcement of development regulations under Chapter 160D of the General Statutes.

LIMIT ZONING REGULATION AUTHORITY

SECTION 4.  G.S. 160D‑702 reads as rewritten:

§ 160D‑702.  Grant of power.

(a)        A local government may adopt zoning regulations. Except as provided in subsections (b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings, structures, and land. A local government may regulate development, including floating homes, over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146‑12. A zoning regulation shall provide density credits or severable development rights for dedicated rights‑of‑way pursuant to G.S. 136‑66.10 or G.S. 136‑66.11. Where appropriate, a zoning regulation may include requirements that street and utility rights‑of‑way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S. 160D‑804 and G.S. 160D‑804.1.

(b)        Any regulation relating to building design elements adopted under this Chapter may not be applied to any structures subject to regulation under the North Carolina Residential Code except under one or more of the following circumstances:

(1)        The structures are located in an area designated as a local historic district pursuant to Part 4 of Article 9 of this Chapter.

(2)        The structures are located in an area designated as a historic district on the National Register of Historic Places.

(3)        The structures are individually designated as local, State, or national historic landmarks.

(4)        The regulations are directly and substantially related to the requirements of applicable safety codes adopted under G.S. 143‑138.

(5)        Where the regulations are applied to manufactured housing in a manner consistent with G.S. 160D‑908 and federal law.

(6)        Where the regulations are adopted as a condition of participation in the National Flood Insurance Program.

Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, district, nor may any such regulations be applied indirectly as part of a review pursuant to G.S. 160D‑604 or G.S. 160D‑605 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other applicable officially adopted plan.

For the purposes of this subsection, the phrase building design elements means exterior building color; type or style of exterior cladding material; style or materials of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows and doors, including garage doors; the number and types of rooms; and the interior layout of rooms. The phrase building design elements does not include any of the following: (i) the height, bulk, orientation, or location of a structure on a zoning lot, (ii) the use of buffering or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the permitted uses of land or structures subject to the North Carolina Residential Code.

Nothing in this subsection affects the validity or enforceability of private covenants or other contractual agreements among property owners relating to building design elements.

(c)        A zoning or other development regulation shall not do any of the following:

(1)        Set a minimum width, length, or square footage of any structures subject to regulation under the North Carolina Residential Code.

(2)        Require a or otherwise specify the size, configuration, allocation, or number of parking space spaces to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking.greater than those required by the Americans with Disabilities Act.

(3)        Require additional fire apparatus access roads into developments of one‑ or two‑family dwellings that are not in compliance with the required number of fire apparatus access roads into developments of one‑ or two‑family dwellings set forth in the North Carolina Fire Code of the North Carolina Residential Code for One‑ and Two‑Family Dwellings.Code.

(4)        Except as provided under G.S. 160A‑307, set a minimum width, length, or square footage for driveways within a development unless the driveway abuts a public road. This subdivision shall not be construed to expand, diminish, or alter the Department of Transportation's authority to regulate driveways adjacent to public roads owned by the State.

(5)        Except as provided in this subdivision, set design standards for public roads within a development in excess of those required by the Department of Transportation. A city may set design standards for public roads within a development in excess of those required by the Department of Transportation if the city is financially responsible for the cost of the excess and accepts ownership and maintenance responsibility for the public road prior to, or in conjunction with, site plan approval. Confirmation of conformity of the improvements consistent with the city's design standards under this subsection shall be conducted consistent with G.S. 160D‑804.1(1c). Upon confirmation that the improvements have been made consistent with G.S. 160D‑804.1(1c), the city shall record with the register of deeds a plat evidencing the city's ownership of the public road.

(d)       In exercising its authority under this section, a local government shall support its determinations by demonstrating there is a rational and substantial relationship between the zoning map, zoning regulations, or zoning amendment and (i) the local government's comprehensive plan and (ii) the public health, safety, and welfare, through findings of facts and information, other than mere personal preferences or speculation, that a reasonable person would accept in support of a conclusion.

(e)        For purposes of this section, the term public road shall mean any road, street, highway, thoroughfare, or other way of passage that is owned and maintained by a city or the Department of Transportation.

LIMIT CURB CUT REGULATIONS

SECTION 5.  G.S. 160A‑307 reads as rewritten:

§ 160A‑307.  Curb cut regulations.

(a)        A Except as expressly permitted by Chapter 160D of the General Statutes, a city may not regulate by ordinance regulate the size, location, direction of traffic flow, and manner of construction of driveway connections into any street or alley. The To the extent allowed by Chapter 160D of the General Statutes, the ordinance may require the construction or reimbursement of the cost of construction and public dedication of medians, acceleration and deceleration lanes, and traffic storage lanes for driveway connections into any street or alley if all of the following apply:

(1)        The city has shown through substantial evidence that the need for such the improvements is reasonably attributable to the traffic using the driveway.

(2)        The city has shown through substantial evidence that the improvements serve the traffic of the driveway.

(b)        No street or alley under the control of the Department of Transportation may be improved without the consent of the Department of Transportation. A city shall not require the applicant to acquire right‑of‑way from property not owned by the applicant. However, an applicant may voluntarily agree to acquire such right‑of‑way.

(c)        For purposes of this section, substantial evidence means facts and information, other than mere personal preferences or speculation, that a reasonable person would accept in support of a conclusion.

REQUIRE ZONING DISTRICTS TO BE BASED ON DENSITY AND CLARIFY PROHIBITION ON CONDITIONS NOT AUTHORIZED BY LAW

SECTION 6.  G.S. 160D‑102 reads as rewritten:

§ 160D‑102.  Definitions.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the following meanings indicated when used in this Chapter:

…

(15b)    Dwelling unit. – A single unit, subject to the North Carolina Residential Code, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

….

SECTION 7.  G.S. 160D‑703 reads as rewritten:

§ 160D‑703.  Zoning districts.

(a)        Types of Zoning Districts. – A Except as provided in subsection (a1) of this section, a local government may divide its territorial jurisdiction into zoning districts of any number, shape, and area deemed best suited to carry out the purposes of this Article. Within those districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Zoning By illustration, zoning districts may include, but are not be limited to, include any of the following:

(1)        Conventional districts, in which a variety of uses are allowed as permitted uses or uses by right and that may also include uses permitted only with a special use permit.

(2)        Conditional districts, in which site plans or individualized development conditions are imposed.

(3)        Form‑based districts, or development form controls, that address the physical form, mass, and density of structures, public spaces, and streetscapes.

(4)        Overlay districts, in which different requirements are imposed on certain properties within one or more underlying conventional, conditional, or form‑based districts.

(5)        Districts allowed by charter.

(a1)      Residential Zoning Districts Classified Based on Density. – A local government shall classify residential zoning districts based only on the number of dwelling units allowed per acre. A local government shall not classify residential zoning districts based on the minimum lot size allowed in the district. For purposes of determining allowable residential density, the actual gross acreage shall not be reduced by subtracting buffers, setbacks, public or private streets, open space or recreation areas, or other nondevelopable areas.

(b)        Conditional Districts. – Property may be placed in a conditional district only in response to a petition by all owners of the property to be included. Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, Notwithstanding any other provision of law, in the exercise of the authority granted by this section, a local government may not (i) require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, regulations any condition, requirement, or deed restriction not specifically authorized by law, (ii) require, enforce, or incorporate into the zoning regulations any condition or requirement that the courts have held to be unenforceable if imposed directly by the local government, or (iii) accept any offer by the petitioner to consent to any condition not specifically authorized by law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D‑702(b), driveway‑related improvements in excess of those allowed in G.S. 136‑18(29) and G.S. 160A‑307, or other unauthorized limitations on the development or use of land. This subsection shall also apply to the approval of any site plan, development agreement, conditional zoning permit, or any other instrument under this Chapter. Conditions and site‑specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, plans adopted pursuant to G.S. 160D‑501, or the impacts reasonably expected to be generated by the development or use of the site. The zoning regulation may provide that defined minor modifications in conditional district standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments. If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved apply only to those properties whose owners petition for the modification.

(b1)      Limitations. – For parcels where multifamily structures are an allowable use, a local government may not impose a harmony requirement for permit approval if the development contains affordable housing units for families or individuals with incomes below eighty percent (80%) of the area median income.

(c)        Uniformity Within Districts. – Except as authorized by the foregoing, all zoning regulations shall be uniform for each class or kind of building throughout each district but the zoning regulations in one district may differ from those in other districts.

(d)       Standards Applicable Regardless of District. – A zoning regulation or unified development ordinance may also include development standards that apply uniformly jurisdiction‑wide rather than being applicable only in particular zoning districts.

(e)        Staff Approvals. – Development approvals for a development that is a permitted use in the zoning district where the development is located shall be made only by the designated staff member as described in G.S. 160D‑402.

(f)        Basis for Conditional District. – In exercising its authority under subsection (b) of this section, a local government shall support its determinations with facts and information, other than mere personal preferences or speculation, that a reasonable person would accept in support of a conclusion that there is a rational and substantial relationship between the conditional district and the public health, safety, and welfare.

VESTED RIGHTS MODIFICATIONS

SECTION 8.(a)  G.S. 160D‑108 reads as rewritten:

§ 160D‑108.  Permit choice and vested rights.

…

(c)        Vested Rights. – Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:

(1)        Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. 143‑755.

(2)        Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. 143‑755.

(3)        A site‑specific vesting plan pursuant to G.S. 160D‑108.1.

(4)        A multi‑phased development pursuant to subsection (f) of this section.

(5)        A vested right established by the terms of a development agreement authorized by Article 10 of this Chapter.

The establishment of a vested right under any subdivision of this subsection does not preclude vesting under one or more other subdivisions of this subsection or vesting by application of common law principles. A vested right, once established as provided for in this section or by common law, precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in State or federal law mandating local government enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use. A vested right obtained by permit or other local government approval shall not preclude the use or extinguish the existence of any other vested right or use by right attached to the property.

(d)       Duration of Vesting. – Upon issuance of a development permit, the statutory vesting granted by subsection (c) of this section for a development project is effective upon filing of the application in accordance with G.S. 143‑755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced. A local land development regulation may provide for a longer permit expiration period. For the purposes of this section, a permit is issued either in the ordinary course of business of the applicable governmental agency or by the applicable governmental agency as a court directive.

Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted by this section, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24‑month discontinuance period is automatically tolled during the any of the following:

(1)        The pendency of any board of adjustment proceeding or civil action in a State or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section.

(2)        The 24‑month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.

(3)        The duration of any emergency declaration issued under G.S. 166A‑19.20 or G.S. 166A‑19.22 for which the defined emergency area includes the property, in whole or in part.

….

SECTION 8.(b)  G.S. 160D‑108.1 reads as rewritten:

§ 160D‑108.1.  Vested rights – site‑specific vesting plans.

…

(c)        Approval and Amendment of Plans. – If a site‑specific vesting plan is based on an approval required by a local development regulation, the local government shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two five years does not affect the duration of the site‑specific vesting plan established under this section. If the site‑specific vesting plan is not based on such an approval, an approval required by a development regulation, a legislative hearing with notice as required by G.S. 160D‑602 shall be held.

A local government may approve a site‑specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare. Conditional approval results in a vested right, although failure to abide by the terms and conditions of the approval will result in a forfeiture of vested rights. A local government shall not require a landowner to waive the landowner's vested rights as a condition of developmental approval. A site‑specific vesting plan is deemed approved upon the effective date of the local government's decision approving the plan or another date determined by the governing board upon approval. An approved site‑specific vesting plan and its conditions may be amended with the approval of the owner and the local government as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by staff, if such the modifications are defined and authorized by local regulation.

…

(e)        Duration and Termination of Vested Right. –

(1)        A vested right for a site‑specific vesting plan remains vested for a period of two five years. This vesting shall not be extended by any amendments or modifications to a site‑specific vesting plan unless expressly provided by the local government.

(2)        Notwithstanding the provisions of subdivision (1) of this subsection, a local government may provide for rights to be vested for a period exceeding two five years but not exceeding five eight years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the local government and shall be made following the process specified for the particular form of a site‑specific vesting plan involved in accordance with subsection (a) of this section.

(3)        Upon issuance of a building permit, the provisions of G.S. 160D‑1111 and G.S. 160D‑1115 apply, except that a permit does not expire and shall not be revoked because of the running of time while a vested right under this section is outstanding.

(4)        A right vested as provided in this section terminates at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

(f)        Subsequent Changes Prohibited; Exceptions. –

(1)        A vested right, once established as provided for in this section, precludes any zoning action development regulation by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site‑specific vesting plan, except under one or more of the following conditions:

a.         With the written consent of the affected landowner.

b.         Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man‑made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site‑specific vesting plan.

c.         To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the local government, together with interest as provided under G.S. 160D‑106. Compensation shall not include any diminution in the value of the property which is caused by the action.

d.         Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the site‑specific vesting plan or the phased development plan.

e.         Upon the enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the site‑specific vesting plan or the phased development plan, in which case the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.

(2)        The establishment of a vested right under this section does not preclude precludes the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new development regulations become effective with respect to property which is subject to a site‑specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section.

(3)        Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of a local government to adopt and enforce development regulations governing nonconforming situations or uses.nonconformities.

….

ESTABLISH JURISDICTION FOR LAND THAT LIES WITHIN MORE THAN ONE LOCAL GOVERNMENT

SECTION 9.  G.S. 160D‑203 reads as rewritten:

§ 160D‑203.  Split jurisdiction.

(a)        If a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, for the purposes of this Chapter, the local governments may, by mutual agreement pursuant to Article 20 of Chapter 160A of the General Statutes and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this Chapter for the entire parcel to any one of those local governments. Such a mutual agreement government, the following shall apply:

(1)        If only one local government has the ability to provide water and sewer services to the parcel at the time a site plan for the parcel is submitted, the local government that has the ability to provide public water and sewer services shall have planning and development regulation jurisdiction over the entire parcel.

(2)        If all of the local governments have the ability to either provide public water services or public sewer services to the parcel, but not both, at the time a site plan for the parcel is submitted, the landowner may designate which local government's planning and development regulations shall apply to the land.

(3)        If all or none of the local governments have the ability to provide public water and sewer services to the parcel at the time a site plan for the parcel is submitted, the local government where the majority of the parcel is located shall have jurisdiction over the land.

(b)        The jurisdiction established by this section shall only be applicable to development regulations and shall not affect taxation or other nonregulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded with the register of deeds in the county where the property is located within 14 days of the adoption of the last required resolution.

PERMIT CHOICE MODIFICATIONS

SECTION 10.  G.S. 143‑755(e) reads as rewritten:

(e)      For purposes of this section, the following definitions apply:

(1)        Development. – Without altering the scope of any regulatory authority granted by statute or local act, any of the following:

a.         The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.

b.         Excavation, grading, filling, clearing, or alteration of land.

c.         The subdivision of land as defined in G.S. 160D‑802.

d.         The initiation of substantial change in the use of land or the intensity of the use of land.

(2)        Development permit. – An administrative administrative, legislative, or quasi‑judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal, including any of the following:

a.         Zoning permits.

b.         Site plan approvals.

c.         Special use permits.

d.         Variances.

e.         Certificates of appropriateness.

f.          Plat approvals.

g.         Development agreements.

h.         Building permits.

i.          Subdivision of land.

j.          State agency permits for development.

k.         Driveway permits.

l.          Erosion and sedimentation control permits.

m.        Sign permit.

n.         Conditional zoning.

(3)        Land development regulation. – Any State statute, rule, or regulation, or local ordinance affecting the development or use of real property, including any of the following:

a.         Unified development ordinance.

b.         Zoning regulation, including zoning maps.

c.         Subdivision regulation.

d.         Erosion and sedimentation control regulation.

e.         Floodplain or flood damage prevention regulation.

f.          Mountain ridge protection regulation.

g.         Stormwater control regulation.

h.         Wireless telecommunication facility regulation.

i.          Historic preservation or landmark regulation.

j.          Housing code.

k.         Conditional zoning.

LOCAL GOVERNMENT TO DESIGNATE APPLICABLE STAFF FOR DEVELOPMENT DETERMINATIONS

SECTION 11.  G.S. 160D‑402, as amended by S.L. 2024‑49, reads as rewritten:

§ 160D‑402.  Administrative staff.

(a)        Authorization. – Local governments may appoint administrators, inspectors, enforcement officers, planners, technicians, and other staff to develop, administer, and enforce development regulations authorized by this Chapter. Local governments shall designate at least one staff member charged with making determinations under that local government's development regulations for purposes of G.S. 160D‑703.

(b)        Duties. – Duties assigned to staff may include, but are not limited to, drafting and implementing plans and development regulations to be adopted pursuant to this Chapter; determining whether applications for development approvals are complete; receiving and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and development regulations under their jurisdiction. A development regulation may require that designated staff members take an oath of office. The local government shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of this Chapter. The administrative and enforcement provisions related to building permits set forth in Article 11 of this Chapter shall be followed for those permits.

(c)        Alternative Local Government Staff Arrangements. – A local government may enter into contracts with another city, county, or combination thereof under which the parties agree to create a joint staff for the enforcement of State and local laws specified in the agreement. The governing boards of the contracting parties may make any necessary appropriations for this purpose.

In lieu of joint staff, a governing board may designate staff from any other city or county to serve as a member of its staff with the approval of the governing board of the other city or county. A staff member, if designated from another city or county under this section, subsection, shall, while exercising the duties of the position, be considered an agent of the local government exercising those duties. The governing board of one local government may request the governing board of a second local government to direct one or more of the second local government's staff members to exercise their powers within part or all of the first local government's jurisdiction, and they shall thereupon be empowered to do so until the first local government officially withdraws its request in the manner provided in G.S. 160D‑202.

The contract or designation of staff under this subsection shall specify at least one individual designated as charged with making determinations under each local government's development regulations for purposes of G.S. 160D‑703.

(c1)      Alternative Contract Staff Arrangements. – A local government may contract with an individual, company, council of governments, regional planning agency, metropolitan planning organization, or rural planning agency to designate an individual who is not a city or county employee to work under the supervision of the local government to exercise the functions authorized by this section. The local government shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the local government as it does for an individual who is an employee of the local government. The company or individual with whom the local government contracts shall have errors and omissions and other insurance coverage acceptable to the local government. The contract shall require at least one individual designated as charged with making determinations under that local government's development regulations for purposes of G.S. 160D‑703.

(d)       Financial Support. – The local government may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by this Chapter. Chapter, and those fees shall not exceed the actual, direct, and reasonable costs required to support, administer, and implement programs authorized by this Chapter. All fees collected by a building inspection department for the administration and enforcement of provisions set forth in Article 11 of this Chapter shall be used to support the administration and operations of the building inspection department and for no other purposes. When an inspection, for which the permit holder has paid a fee to the local government, is performed by a marketplace pool Code‑enforcement official upon request of the State Fire Marshal under G.S. 143‑151.12(9)a., the local government shall promptly return to the permit holder the fee collected by the local government for such inspection. This subsection applies to the following types of inspection: plumbing, electrical systems, general building restrictions and regulations, heating and air‑conditioning, and the general construction of buildings.

REVIEW PERIODS ESTABLISHED FOR LOCAL GOVERNMENT APPROVALS AND DECISIONS

SECTION 12.(a)  G.S. 160D‑403, as amended by S.L. 2024‑49, reads as rewritten:

§ 160D‑403.  Administrative development approvals and determinations.

(a)        Development Approvals. – To the extent consistent with the scope of regulatory development regulation authority granted by this Chapter, no person shall commence or proceed with development without first securing any required development approval from the local government with jurisdiction over the site of the development. A development approval shall be in writing and may contain a provision requiring the development to comply with all applicable State and local laws. A local government may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such the development as is authorized by the easement.

(a1)      Time Period for Approval. – Within seven calendar days of the filing of an application for a development approval, a local government or its designated administrative staff, as described under G.S. 160D‑402, shall (i) determine whether the application is complete and notify the applicant of the application's completeness and, (ii) if the local government or its designated administrative staff determines the application is incomplete, specify all of the deficiencies in the notice to the applicant. The applicant may file an amended application or supplemental information to cure the deficiencies identified by the local government or its designated administrative staff for a completeness review, which shall be completed within seven calendar days after receiving an amended application or supplemental application from the applicant. Upon the date the application is deemed complete, the local government or its designated administrative staff shall issue a receipt letter or electronic response stating that the application is complete. From the date an application has been determined to be complete, the local government or its designated administrative staff shall have 20 days to perform an initial review of the completed application and notify the applicant of any required changes, to which an applicant shall have 15 days to respond. If the applicant makes changes in response to comments arising from the initial review, the local government or its designated administrative staff shall have 10 calendar days to review any changes submitted by the applicant. Upon expiration of that 10‑day secondary review period, a final 90‑calendar day review period shall begin. The local government shall approve or deny the application within 90 calendar days of the date the 10‑day secondary review period expires, except that if the applicant requests a continuance of the application, the review period shall be tolled for the duration of any continuance. The time period for review may be extended only by agreement with the applicant if the application cannot be reviewed within the specified time limitation due to circumstances beyond the control of the local government. The extension shall not exceed six months. Failure of the local government or its designated administrative staff to act before the expiration of the time period allowed for review shall constitute an approval of the application, and the local government shall issue a written approval upon demand by the applicant.

….

SECTION 12.(b)  Article 7 of Chapter 160D of the General Statutes is amended by adding a new section to read:

§ 160D‑707.  Review period for rezoning decisions.

Within seven calendar days of the filing of an application for amendment of a zoning map or zoning regulations, a local government or its designated administrative staff, as described under G.S. 160D‑402, shall (i) determine whether the application is complete and notify the applicant of the application's completeness and, (ii) if the local government or its designated administrative staff determines the application is incomplete, specify all of the deficiencies in the notice to the applicant. The applicant may file an amended application or supplemental information to cure the deficiencies identified by the local government or its designated administrative staff for a completeness review, which shall be completed within seven calendar days after receiving an amended application or supplemental application from the applicant. Upon the date the application is deemed complete, the local government or its designated administrative staff shall issue a receipt letter or electronic response stating that the application is complete. From the date an application has been determined to be complete, the local government or its designated administrative staff shall have 20 days to perform an initial review of the completed application and notify the applicant of any required changes, to which an applicant shall have 15 days to respond. If the applicant makes changes in response to comments arising from the initial review, the local government or its designated administrative staff shall have 10 calendar days to review any changes submitted by the applicant. Upon expiration of that 10‑day secondary review period, a final 90‑calendar day review period shall begin. The local government shall approve or deny the application within 90 calendar days of the date the 10‑day secondary review period expires, except that if the applicant requests a continuance of the application, the review period shall be tolled for the duration of any continuance. The time period for review may be extended only by agreement with the applicant if the application cannot be reviewed within the specified time limitation due to circumstances beyond the control of the local government. The extension shall not exceed six months. Failure of the local government or its designated administrative staff to act before the expiration of the time period allowed for review shall constitute an approval of the application, and the local government shall issue a written approval upon demand by the applicant.

PROHIBIT WAITING PERIODS FOR REFILING OF DEVELOPMENT APPLICATIONS

SECTION 13.  G.S. 160D‑601 is amended by adding a new subsection to read:

(e)      Withdrawn or Denied Applications. – A development regulation or unified development ordinance may not include waiting periods prohibiting a landowner, developer, or applicant from refiling a denied or withdrawn application for a zoning map amendment, text amendment, development application, or request for development approval.

ADMINISTRATIVE SUBDIVISION REGULATIONS/APPROVALS/APPEALS

SECTION 14.(a)  G.S. 160D‑803 reads as rewritten:

§ 160D‑803.  Review process, filing, and recording of subdivision plats.

(a)        Any subdivision regulation adopted pursuant to this Article shall contain provisions setting forth the procedures and standards to be followed in granting or denying approval of a subdivision plat prior to its registration.

(b)        A subdivision regulation shall provide that the following agencies be given an opportunity to make recommendations concerning an individual subdivision plat before the plat is approved:

(1)        The district highway engineer as to proposed State streets, State highways, and related drainage systems.

(2)        The county health director or local public utility, as appropriate, as to proposed water or sewerage systems.

(3)        Any other agency or official designated by the governing board.

(c)        The subdivision regulation may shall provide that final decisions on preliminary plats and final plats are administrative and to be made by any of the following:

(1)        The governing board.

(2)        The governing board on recommendation of a designated body.

(3)        A designated planning board, technical review committee of local government staff members, or other designated body or staff person.

If the final decision on a subdivision plat is administrative, the decision may be assigned to a staff person or committee comprised entirely of staff persons, and notice of the decision shall be as provided by G.S. 160D‑403(b). If the final decision on a subdivision plat is quasi‑judicial, the decision shall be assigned to the governing board, the planning board, the board of adjustment, or other board appointed pursuant to this Chapter, and the procedures set forth in G.S. 160D‑406 shall apply.

(d)       After the effective date that a subdivision regulation is adopted, no subdivision within a local government's planning and development regulation jurisdiction shall be filed or recorded until it shall have been submitted to and approved by the governing board or appropriate body, a staff person or committee comprised entirely of staff persons, as specified in the subdivision regulation, and until this approval shall have been entered on the face of the plat in writing by an authorized representative of the local government. Within 10 days after approving a preliminary or final plat, an authorized representative of the local government shall enter the approval on the face of the preliminary or final plat. The review officer, pursuant to G.S. 47‑30.2, shall not certify a subdivision plat that has not been approved in accordance with these provisions nor shall the clerk of superior court order or direct the recording of a plat if the recording would be in conflict with this section.

(e)        Notwithstanding G.S. 160D‑403(c), once approval has been entered on the face of the plat in accordance with this section, the approval shall be valid and not expire unless the landowner applies for, and receives, a subsequent development approval.

SECTION 14.(b)  G.S. 160D‑804 reads as rewritten:

§ 160D‑804.  Contents and requirements of regulation.

…

(d)       Recreation Areas and Open Space. – The regulation may provide for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision or, alternatively, for payment of funds to be used to acquire or develop recreation areas serving residents of the development or subdivision or more than one subdivision or development within the immediate area. All funds received by cities a local government pursuant to this subsection shall be used only for the acquisition or development of recreation, park, or open space sites. All funds received by counties pursuant to this subsection shall be used only for the acquisition of recreation, park, or open space sites. Any formula enacted to determine the amount of funds that are to be provided under this subsection shall be based on the value of the development or subdivision for property tax purposes. The regulation may allow a combination or partial payment of funds and partial dedication of land when the governing board determines that this combination is in the best interests of the citizens of the area to be served.

….

SECTION 14.(c)  G.S. 160D‑1403 reads as rewritten:

§ 160D‑1403.  Appeals of decisions on subdivision plats.

(a)        When a subdivision regulation adopted under this Chapter provides that the decision whether to approve or deny a preliminary or final subdivision plat is quasi‑judicial, then that decision of the board is subject to review by the superior court by a proceeding in the nature of certiorari. G.S. 160D‑406 and this section apply to those appeals.

(b)        When a subdivision regulation adopted under this Chapter provides that the decision whether to approve or deny a preliminary or final subdivision plat is administrative, or for For any other administrative decision implementing a subdivision regulation, the following applies:

(1)        If made by the governing board or planning board, the decision is subject to review by filing an action in superior court seeking appropriate declaratory or equitable relief within 30 days from receipt of the written notice of the decision, which shall be made as provided in G.S. 160D‑403(b).

(2)        If made by the staff or a staff committee, the decision is subject to appeal as provided in G.S. 160D‑405.

(c)        For purposes of this section, a subdivision regulation is deemed to authorize a quasi‑judicial decision if the decision‑making entity under G.S. 160D‑803(c) is authorized to decide whether to approve or deny the plat based not only upon whether the application complies with the specific requirements set forth in the regulation but also on whether the application complies with one or more generally stated standards requiring a discretionary decision to be made.

EXPAND CAUSES FOR CIVIL ACTION INVOLVING CLAIMS INVOLVING QUESTIONS OF INTERPRETATION AND CLARIFY STANDING IN SUCH CASES

SECTION 15.  G.S. 160D‑1403.1 reads as rewritten:

§ 160D‑1403.1.  Civil action for declaratory relief, injunctive relief, other remedies; joinder of complaint and petition for writ of certiorari in certain cases.

(a)        Civil Action. – Except as otherwise provided in this section for claims involving questions of interpretation, in lieu of any remedies available under G.S. 160D‑405 or G.S. 160D‑108(h), a person with standing, as defined in subsection (b) of this section, may bring an original civil action seeking declaratory relief, injunctive relief, damages, or any other remedies provided by law or equity, in superior court or federal court to challenge the enforceability, validity, or effect of a local land development regulation or development approval or denial for any of the following claims:

(1)        The ordinance, development regulation, either on its face or as applied, is unconstitutional.

(2)        The ordinance, development regulation, either on its face or as applied, is ultra vires, preempted, arbitrary or capricious, or is otherwise in excess of statutory authority.

(3)        The ordinance, development regulation, either on its face or as applied, constitutes a taking of property.

(4)        The development approval or denial is ultra vires, preempted, in excess of its statutory authority, made upon unlawful procedure, made in error of law, arbitrary and capricious, or an abuse of discretion.

(a1)      Appeals of Administrative Decisions. – If the decision development approval being challenged under subsection (a) of this section is from an administrative official charged with enforcement of a local land development regulation, the party with standing must first bring any claim that the ordinance development regulation was erroneously interpreted to the applicable board of adjustment pursuant to G.S. 160D‑405. An adverse ruling from the board of adjustment may then be challenged in an action brought pursuant to this subsection with the court hearing the matter de novo together with any of the claims listed in this subsection.

(b)        Standing. – Any of the following criteria provide standing to bring an action under this section:

(1)        The person has an ownership, leasehold, or easement interest in, or possesses an option or contract to purchase the property that is the subject matter of a final and binding decision made by an administrative official charged with applying or enforcing a land development regulation.

(2)        The person was a development permit applicant before the decision‑making board whose decision is being challenged.

(3)        The person was a development permit applicant who is aggrieved by a final and binding decision of an administrative official charged with applying or enforcing a land development regulation.

(4)        An association, organization, society, or entity whose membership is comprised of an individual or entity identified in subdivision (2) or (3) of this subsection.

…

(g)        Definitions. – The definitions definition of development permit in G.S. 143‑755 shall apply in this section.

EXPAND PRIVATE REMEDIES FOR VIOLATIONS OF CHAPTER 160D OF THE GENERAL STATUTES

SECTION 16.  Article 14 of Chapter 160D of the General Statutes is amended by adding a new section to read:

§ 160D‑1403.3.  Private remedies.

In addition to any other remedy otherwise provided by law, any person with standing under subdivision (2), (3), or (4) of G.S. 160D‑1403.1(b) may bring a civil action to enforce the provisions of this Chapter and recover damages, costs, and disbursements, including costs of investigation and reasonable attorneys' fees, and receive other equitable relief as determined by the court.

SECTION 17.  G.S. 6‑21.7 reads as rewritten:

§ 6‑21.7.  Attorneys' fees; cities or counties acting outside the scope of their authority.

(a)        In any action in which a city or county is a party, upon a finding by the court that the city or county violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the city's or county's action. In any action in which a city or county is found to be liable under G.S. 160D‑1403.1, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the acts of the city or county under G.S. 160D‑1403.1.

(b)        In any action in which a city or county is a party, upon finding by the court that the city or county took action inconsistent with, or in violation of, G.S. 160D‑108(b) or G.S. 143‑755, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the local government's failure to comply with any of those provisions.

(c)        In all other matters, matters not covered by subsection (a) or (b) of this section, the court may award reasonable attorneys' fees and costs to the prevailing private litigant.

(d)       For purposes of this section, unambiguous means that the limits of authority are not reasonably susceptible to multiple constructions.

PLAN CONSISTENCY SUBJECT TO JUDICIAL REVIEW

SECTION 18.  G.S. 160D‑605(a) reads as rewritten:

(a)      Plan Consistency. – When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive or land‑use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the governing board was aware of and considered the planning board's recommendations and any relevant portions of an adopted comprehensive or land‑use plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment has the effect of also amending any future land‑use map in the approved plan, and no additional request or application for a plan amendment is required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a large‑scale rezoning under G.S. 160D‑602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

REQUIRE ANNUAL PUBLICATION OF LOCAL GOVERNMENT FINANCIAL REPORTS ON FEES ASSOCIATED WITH BUILDING CODE ENFORCEMENT

SECTION 19.  G.S. 160D‑1102(c) reads as rewritten:

(c)      No later than October 1 of 2023, 2024, and 2025, each year, every local government shall publish an annual financial report on how it used fees from the prior fiscal year for the support, administration, and implementation of its building code enforcement program as required by G.S. 160D‑402(d). This report is in addition to any other financial report required by law.

REQUIRE THE DIVISION OF HIGHWAYS TO ACCEPT PERFORMANCE GUARANTEES PENDING COMPLETION OF SUBDIVISION STREETS

SECTION 20.  G.S. 136‑102.6 is amended by adding a new subsection to read:

(c1)    Notwithstanding anything to the contrary in this section, the Division of Highways shall accept a performance guarantee as provided under G.S. 160D‑804.1 to ensure completion of streets that are required by a development regulation under Chapter 160D of the General Statutes. On receipt of the performance guarantee, the Division of Highways shall issue a certificate of approval to the municipality or county as to those streets.

part III. severability/effective date

SECTION 21.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application and, to this end, the provisions of this act are declared to be severable.

SECTION 22.  Except as otherwise provided, this act becomes effective October 1, 2025, and applies to applications, approvals, and actions filed on or after that date. Any local government ordinance in effect on, or adopted subsequent to, October 1, 2025, that is inconsistent with this act is void and unenforceable. Unless expressly stated otherwise, the provisions of this act do not affect any right accrued or vested prior to its enactment.