GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

SESSION LAW 2026-30

HOUSE BILL 1222

AN ACT TO REQUIRE CERTAIN DEVELOPMENT APPROVALS TO BE MADE BY THE BRUNSWICK COUNTY BOARD OF COMMISSIONERS.

The General Assembly of North Carolina enacts:

SECTION 1.  S.L. 2019‑99 is repealed.

SECTION 2.  Notwithstanding G.S. 160D‑803(c), the Brunswick County Board of Commissioners shall make the final decision on all preliminary subdivision plats that would result in the division of the original lot into twenty‑five or more lots.

SECTION 3.  Notwithstanding any provision of G.S. 160D‑705 to the contrary, the Brunswick County Board of Commissioners shall hear and make the final decision on all special use permits.

SECTION 4.  Brunswick County shall require a traffic impact analysis to be submitted in conjunction with an application for (i) a preliminary subdivision plat that would result in the division of the original lot into twenty‑five or more lots, (ii) a major site plan, (iii) a special use permit, (iv) a planned development, and (v) all other residential or commercial projects reasonably anticipated to generate at least 100 vehicle trips at peak hour or 1,000 vehicle trips per day. The Brunswick County Planning Director shall present all traffic impact analyses submitted in conjunction with an application before the Brunswick County Board of Commissioners in open session at the next regularly scheduled meeting of the Board of Commissioners following receipt of the traffic impact analysis. If the Board of Commissioners is required to make the final decision on the project, the Board shall hear the Planning Director's presentation prior to voting on the project.

SECTION 5.  The Brunswick County Board of Commissioners shall make final decisions on zoning ordinance text amendments, zoning map amendments, preliminary subdivision plats, variances subject to approval by the Board, and special use permits by a recorded vote taken in open session and the official record of the meeting shall reflect how each member voted on each matter before the Board of Commissioners.

SECTION 6.  This act applies only to the use and development of land and structures located in Brunswick County outside of the land use and zoning jurisdiction of municipalities located in Brunswick County.

SECTION 7.  This act is effective when it becomes law and applies to applications submitted on or after that date.

In the General Assembly read three times and ratified this the 2nd day of July, 2026.

                                                                    s/  Rachel Hunt

                                                                         President of the Senate

                                                                    s/  Destin Hall

                                                                         Speaker of the House of Representatives