North Carolina HB 263: Down-Zoning/Person and Durham Counties.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 263

Short Title: Down-Zoning/Person & Durham Cos. (Local)
Sponsors: Representative Jeffers.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 3, if favorable, Housing and Development, if favorable, Rules, Calendar,
and Operations of the House
March 4, 2025
*H263-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN-ZONING IN THE 2
COUNTIES OF DURHAM AND PERSON AND THE CITIES OF DURHAM AND 3
ROXBORO. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1(a) of S.L. 2024-57, 6
reads as rewritten: 7
"(d) Down-Zoning. – No amendment to zoning regulations or a zoning map that 8
down-zones property shall be initiated, enacted, or enforced initiated nor is it enforceable without 9
the written consent of all property owners whose property is the subject of the down-zoning 10
amendment. amendment, unless the down-zoning amendment is initiated by the local 11
government. For purposes of this section, "down-zoning" means a zoning ordinance that affects 12
an area of land in one of the following ways: 13
(1) By decreasing the development density of the land to be less dense than was 14
allowed under its previous usage. 15
(2) By reducing the permitted uses of the land that are specified in a zoning 16
ordinance or land development regulation to fewer uses than were allowed 17
under its previous usage. 18
(3) By creating any type of nonconformity on land not in a residential zoning 19
district, including a nonconforming use, nonconforming lot, nonconforming 20
structure, nonconforming improvement, or nonconforming site element." 21
SECTION 2.(a) This act applies only to Durham and Person Counties and the Cities 22
of Durham and Roxboro. 23
SECTION 2.(b) This act is effective when it becomes law and applies retroactively 24
to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024-57 shall 25
be in effect as it was on or before December 11, 2024. 26