North Carolina HB 253: Restore Down-Zoning/Farmland and Floodplain.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 253

Short Title: Restore Down-Zoning/Farmland & Floodplain. (Local)
Sponsors: Representative Balkcom.
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 3, 2025
*H253-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN-ZONING IN 2
HENDERSON COUNTY FOR CERTAIN PURPOSES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 160D-601(d), as amended by Section 3K.1(a) of S.L. 2024-57, 5
reads as rewritten: 6
"(d) Down-Zoning. – No amendment to zoning regulations or a zoning map that 7
down-zones property shall be initiated, enacted, or enforced initiated nor is it enforceable without 8
the written consent of all property owners whose property is the subject of the down-zoning 9
amendment. amendment, unless the down-zoning amendment is initiated by the local 10
government and is for the purpose (i) of farmland preservation in districts zoned for agriculture 11
or (ii) for floodplain mitigation in areas designated as special flood hazard areas by the Federal 12
Emergency Management Agency. For purposes of this section, "down-zoning" means a zoning 13
ordinance that affects an area of land in one of the following ways: 14
(1) By decreasing the development density of the land to be less dense than was 15
allowed under its previous usage. 16
(2) By reducing the permitted uses of the land that are specified in a zoning 17
ordinance or land development regulation to fewer uses than were allowed 18
under its previous usage. 19
(3) By creating any type of nonconformity on land not in a residential zoning 20
district, including a nonconforming use, nonconforming lot, nonconforming 21
structure, nonconforming improvement, or nonconforming site element." 22
SECTION 2.(a) This act applies only to Henderson County and the portions of 23
municipalities located in Henderson County. 24
SECTION 2.(b) This act is effective when it becomes law and applies retroactively 25
to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024-57 shall 26
be in effect as it was on or before December 11, 2024. 27