Part I of S.L. 2019-111–Provisions to Clarify and Change the Land Use Regulatory Laws of the State

Kevin Hornik

Garrett Davis

By Kevin Hornik and Garrett Davis

On June 28, 2019, the General Assembly ratified Senate Bill 355, (S.L. 2019-111), titled “An Act to Clarify, Consolidate, and Reorganize the Land-Use Regulatory Laws of the State.” The Act, comprised of two parts, does a number of noteworthy things. First and foremost, Part II is the much-anticipated addition to the General Statutes, Chapter 160D, which consolidates and reorganizes the municipal and county land-use planning and development statutes into one chapter. Fortunately, the broad changes found in Chapter 160D do not become effective until January 1, 2021, giving land-use attorneys plenty of time to become familiar with the new statutes. Read more

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Land Use Law Changes, Including New 160D, Signed Into Law

By Lisa Glover

S355, Land-Use Regulatory Changes, was signed by the governor July 12.  The law (S.L. 2019-111) contains provisions affecting litigation practices in land use disputes, further refinements to the “Permit Choice Act” and the law regarding vested rights, and various provisions affecting day to day operations for local governments processing development permit applications (Part 1), as well as the enactment of Chapter 160D prepared by David Owens, Tom Terrell, LeAnn Nease Brown, and Robin Currin, which is a complete rewrite of the state’s planning and land use statutes (Part 2).   Part 1 was immediately effective July 12, while Part 2 will become effective Jan. 1, 2021.

Congratulations to the 160D team on seeing their goal accomplished! David Owens has indicated that the School of Government “will be putting out detailed information on the content and implications of 160D over the next few months, including an updated annotated version of the bill, tables that cross-reference the new statute to the existing statutes, checklists of items that need to be updated in local ordinances, and more,” including webinars and workshops.  The ZPLU Section Council is also currently in the process of planning a fall event to learn more about the new legislation, to celebrate the passage of 160D and to recognize those who were integral in making it happen.

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From the Chair: ZPLU At the Forefront Of Change

By T.C. Morphis

Growing up in Hickory, N.C., I once thought that the entire world ran on furniture and textile mills. How much has changed in 30 years: North Carolina’s population has exploded, with people flocking to places to like Charlotte and the Research Triangle, while other parts of the state struggle. Amid this growth, our state continues to wrestle with the difficult questions: Who are we? Who do we want to become? As members of the Zoning, Planning & Land Use Law Section, we have the privilege and the challenge of being at the forefront of much of this change. Our Section members practice throughout North Carolina, representing developers, units of local government, and private citizens and neighborhood groups. We strive to reflect all of these roles on our Section Council, along with the geography and diversity of our state.

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2017 Bills Of Interest To Zoning, Planning & Land Use Section

By Al Benshoff

A handful of complicated bills of interest to this section were adopted during the 2017 “long session.”  Highlights include:
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Coming Soon To a Street Near You: 50-Foot Wireless Cell Phone Towers

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By Al Benshoff

With the adoption of H.B. 310 (S.L. 2017-159), all municipalities and the N.C. Department of Transportation must allow the location of “small wireless facilities” in the public rights-of-way.  Here are a few FAQs about the application of the law.

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