North Carolina HB 765: Jury Instructions for School Budget Dispute.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 765
Committee Substitute Favorable 4/17/25
Committee Substitute #2 Favorable 5/6/25

Short Title: Save the American Dream Act. (Public)
Sponsors:
Referred to:
April 7, 2025
*H765-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO REFORM LOCAL GOVERNMENT DEVELOPMENT REGULATIONS IN 2
THIS STATE AND TO INCREASE THE NATIONAL POLLUTANT DISCHARGE 3
ELIMINATION SYSTEM GENERAL STORMWATER PERMIT FEE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 160D-101 reads as rewritten: 6
"§ 160D-101. Application. 7
(a) The provisions of this Article shall apply to all development regulations and programs 8
adopted pursuant to this Chapter or applicable or related local acts. To the extent there are 9
contrary provisions in local charters or acts, G.S. 160D-111 is applicable unless this Chapter 10
expressly provides otherwise. The provisions of this Article also apply to any other local 11
ordinance that substantially affects land use and development. 12
(b) The provisions of this Article are supplemental to specific provisions included in 13
other Articles of this Chapter. To the extent there are conflicts between the provisions of this 14
Article and the provisions of other Articles of this Chapter, the more specific provisions shall 15
control.control, unless a less specific enactment of the General Assembly clearly shows a 16
legislative intent to repeal or supersede the more specific provisions. 17
(c) Local governments may also apply any of the definitions and procedures authorized 18
by this Chapter to any ordinance that does not substantially affect land use and development 19
adopted under the general police power of cities and counties, Article 8 of Chapter 160A of the 20
General Statutes and Article 6 of Chapter 153A of the General Statutes respectively, and may 21
employ any organizational structure, board, commission, or staffing arrangement authorized by 22
this Chapter to any or all aspects of those ordinances. 23
(d) This Chapter does not expand, diminish, or alter the scope of authority for planning 24
and development regulation authorized by other Chapters of the General Statutes. 25
(e) Except as provided by local act, notwithstanding any other provision of law, a local 26
government may not exercise development regulation authority except as expressly authorized 27
by this Chapter. If State law governs a particular subject matter related to a local development 28
regulation authority, a local government shall not enact or enforce development regulations more 29
restrictive than those established by State law, unless the development regulation pertains to 30
floodplain management regulations as described in G.S. 143-138(e)." 31
SECTION 1.(b) G.S. 160D-110(a) reads as rewritten: 32
"(a) G.S. 153A-4 and G.S. 160A-4 are not applicable to this Chapter." 33
SECTION 1.(c) G.S. 160D-111 reads as rewritten: 34
"§ 160D-111. Effect on prior laws. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 765-Third Edition
(a) The enactment of this Chapter does not require the readoption of any local 1
government ordinance enacted pursuant to laws that were in effect before January 1, 2020 and 2
are restated or revised herein. The provisions of this Chapter do not affect any act heretofore 3
done, any liability incurred, any right accrued or vested, or any suit or prosecution begun or cause 4
of action accrued as of January 1, 2020. October 1, 2025. The enactment of this Chapter does not 5
amend the geographic area within which local government development regulations adopted 6
prior to January 1, 2020, are effective. 7
(b) G.S. 153A-3 and G.S. 160A-3 are applicable to this Chapter. Nothing in this Chapter 8
repeals or amends a charter or local act in effect as of June 19, 2020, October 1, 2025, unless this 9
Chapter or a subsequent enactment of the General Assembly clearly shows a legislative intent to 10
repeal or supersede that charter or local act.act, or if that charter or local act is inconsistent with 11
the provisions of this Chapter. 12
...." 13
SECTION 1.(d) G.S. 153A-121 is amended by adding a new subsection to read: 14
"(d) This section does not apply to the adoption or enforcement of development 15
regulations under Chapter 160D of the General Statutes." 16
SECTION 1.(e) G.S. 160A-174 is amended by adding a new subsection to read: 17
"(c) This section does not apply to the adoption or enforcement of development 18
regulations under Chapter 160D of the General Statutes." 19
SECTION 2. G.S. 160D-102 reads as rewritten: 20
"§ 160D-102. Definitions. 21
Unless otherwise specifically provided, or unless otherwise clearly required by the context, 22
the words and phrases defined in this section shall have the following meanings indicated when 23
used in this Chapter: 24
(1) Acre. – The actual gross acreage of a parcel or parcels. For purposes of 25
determining allowable residential density, the actual gross acreage shall not 26
be