North Carolina HB 162: Parking Lot Reform/Stormwater Control.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-39
HOUSE BILL 162

*H162-v-5*
AN ACT TO RESTRICT LOCAL GOVERNMENTS FROM REGULATING CERTAIN
ASPECTS OF OFF-STREET PARKING SPACES AND TO MODIFY THE AUTHORITY
OF CERTAIN LOCAL GOVERNMENTS TO REQUIRE STORMWATER CONTROL
FOR REDEVELOPED PROPERTY.

The General Assembly of North Carolina enacts:

PART I. PROHIBITING CERTAIN ZONING AND DEVELOPMENT LIMITATIONS
RELATED TO OFF-STREET PARKING
SECTION 1.(a) G.S. 160D-702 reads as rewritten:
"§ 160D-702. Grant of power.
...
(c) A zoning or other development regulation shall not do any of the following:
(1) Set a minimum square footage of any structures subject to regulation under
the North Carolina Residential Code.
(2) Require a an off-street parking space to be larger than 9 feet wide by 20 feet
long unless the parking space is designated for handicap, parallel, or diagonal
parking.
(2a) Require an off-street parking lot to meet a minimum number of parking spaces
per development or structure, regardless of occupancy or use. The limitations
of this subdivision shall not, however, apply to local governments located in
the coastal area, as those terms are defined under G.S. 113A-103, except with
respect to the following properties located in the coastal area:
a. Within the boundaries of a National Register Historic District or a
local historic district.
b. That are either (i) individually listed in the National Register of
Historic Places or (ii) individually designated as a local historic
landmark.
c. Individual properties on the Study List for the National Register of
Historic Places as maintained by the North Carolina State Historic
Preservation Office or a national or State historic landmark, or
properties located within a district on the Study List for the National
Register of Historic Places as maintained by the North Carolina State
Historic Preservation Office or a national or State historic landmark.
(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 Fire Code of the North Carolina Residential Code for One- and
Two-Family Dwellings.
(4) Establish or require pavement design standards for public roads or private
roads that are more stringent than the minimum pavement design standards
adopted by the Department of Transportation.

Page 2 Session Law 2026-39 House Bill 162
...."
SECTION 1.(b) This section becomes effective January 1, 2027.

PART II. MODIFY THE AUTHORITY OF CERTAIN LOCAL GOVERNMENTS TO
REQUIRE STORMWATER CONTROL FOR REDEVELOPED PROPERTY
SECTION 2.(a) G.S. 143-214.7 reads as rewritten:
"§ 143-214.7. Stormwater runoff rules and programs.
...
(a1) Definitions. – The following definitions apply in this section:
(1) Built-upon area. – As defined in G.S. 143-214.7D.
(2) Development. – Any land-disturbing activity that increases the amount of
built-upon area or that otherwise decreases the infiltration of precipitation into
the subsoil. When additional development occurs at a site that has existing
development, the built-upon area of the existing development shall not be
included in the density calculations for additional stormwater control
requirements, and stormwater control requirements cannot be applied
retroactively to existing development, unless otherwise required by federal
law.
(2)(3) Redevelopment. – Any land-disturbing activity that does not result in a net
increase in built-upon area and that provides greater or equal stormwater
control to that of the previous development.
...
(b3) Stormwater runoff rules and programs shall not require private property owners to
install new or increased stormwater controls for (i) preexisting development existing built-upon
area or (ii) redevelopment activities that do not remove or decrease existing stormwater controls.
When a preexisting development is redeveloped, either in whole or in part, increased stormwater
controls shall only be required for the amount of impervious surface being created that exceeds
the amount of impervious surface that existed before the redevelopment, irrespective of whether
the impervious surface that existed before the redevelopment is to be demolished or relocated
during the development activity. When development or redevelopment occurs at a site that has
existing built-upon area, (i) the existing built-upon area shall not be included in the density
calculations for additional stormwater control requirements, irrespective of whether the existing
built-upon area is to be demolished, relocated, replaced, or remains in place during development
activity, (ii) the existing built-upon area at the site is not subject to additional stormwater control
requirements under this section, regardless of whether the existing built-upon area is demolished,
relocated, replaced, or remains in place during the development activity, (iii) for p