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HB 195

An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, providing for Mental Health Workforce Retention Program; and making an appropriation.

2025-2026 Regular Session Introduced by Anthony Bellmon and 15 co-sponsors

HB 195 allows Chatham County and its municipalities to initiate down-zoning, potentially reducing density or uses without needing every property owner’s consent.

Referred to Human Services
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Bill Summary · HB 195

Summary — HB 195: Restore Down‑Zoning Authority (Chatham County)

Status: Passed 1st Reading
Introduced: (bill packet) — Amends G.S. 160D‑601(d)

Main purpose

HB 195 restores the ability of local government (county and municipal) authorities in Chatham County, NC, to initiate and adopt down‑zoning ordinances without requiring the written consent of every affected property owner. The bill applies only to Chatham County and municipalities located in Chatham County.

Key provisions

  • Amends G.S. 160D‑601(d) to clarify that a local government may initiate a zoning amendment that down‑zones property (i.e., the local government itself can start such amendments).
  • Reaffirms the statutory definition of “down‑zoning” to include any ordinance that:
    1. Decreases development density (less dense than previously allowed);
    2. Reduces the permitted uses of the land to fewer uses than previously allowed;
    3. Creates a nonconformity on land not in a residential zoning district (nonconforming use, lot, structure, improvement, or site element).
  • Geographic and temporal scope:
    • The act applies only to Chatham County and the municipalities within it.
    • The bill takes effect when it becomes law and is expressly retroactive to December 11, 2024.
    • Any ordinance that was affected by Section 3K.1 of S.L. 2024‑57 is restored to the form in which it was effective on or before December 11, 2024.

Who is affected

  • Local governments in Chatham County (County commission and municipal governing bodies) — regain/retain authority to initiate down‑zoning.
  • Property owners and developers in Chatham County — may face stricter zoning changes initiated by the local government without needing unanimous written consent from affected owners.
  • Local planning, permitting, and development interests — will need to account for restored local initiation authority when proposing and reviewing development projects.

Potential impacts and considerations

  • Restores local elected bodies’ discretion to impose more restrictive zoning changes (e.g., lower density, narrower permitted uses), which can affect permitted development, land‑use approvals, and property values.
  • Retroactivity clause may revive or validate ordinances adopted before Dec. 11, 2024 that were altered or nullified by prior state law changes, reducing legal uncertainty for those actions.
  • Could increase local land‑use regulation activity (rezonings, map amendments); may prompt litigation or appeals in some cases where property owners object to down‑zoning actions.

Procedural/timing notes

  • The bill expressly becomes effective on the date it is enacted into law and is retroactive to December 11, 2024 (restoring the pre‑Dec. 11, 2024 regulatory status for Chatham County ordinances affected by S.L. 2024‑57).
  • Readers should consult the enacted bill text (G.S. 160D‑601(d) as amended) and any local ordinances to see how specific zoning maps or regulations in Chatham County are changed or reinstated.

Compiled from official sources — confirm details with the bill’s official record.

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