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SB 27

An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in charter schools, providing for cyber charter school moratorium.

2025-2026 Regular Session Introduced by Amanda Cappelletti and 7 co-sponsors

restores local authority in ten NC counties to initiate down-zoning, even with owner objections, retroactively reinstating pre-2024 rules

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Bill Summary · SB 27

SB 27 — Restore Down‑Zoning Authority / Multiple Counties (Intro. Aug 18, 2025)

Status: Passed 1st Reading (Aug 18, 2025)
Primary action: Amends G.S. 160D‑601(d)

Main purpose

Restore and clarify local governments’ ability to initiate down‑zoning in a set of specified North Carolina counties, and to preserve or reinstate zoning ordinances as they existed before a prior change (S.L. 2024‑57) took effect. The bill narrows its application to ten named counties and their municipalities.

Key provisions

  • Amends G.S. 160D‑601(d) (the state land‑use statute) to address down‑zoning procedures and definitions.
    • Restates that an amendment to zoning regulations or a zoning map that down‑zones property cannot be initiated, enacted, or enforced without the written consent of all property owners affected — unless the down‑zoning amendment is initiated by the local government.
    • Defines “down‑zoning” to include any zoning change that:
    • Decreases permitted development density compared with prior allowance;
    • Reduces the permitted uses to fewer uses than previously allowed; or
    • Creates a nonconformity (use, lot, structure, improvement, or site element) on nonresidential land.
  • Geographic limitation: The bill applies only to the following counties and their municipalities:
    • Bertie, Camden, Currituck, Dare, Gates, Hertford, Northampton, Pasquotank, Perquimans, Tyrrell.
  • Effective date and retroactivity:
    • Becomes effective on enactment.
    • Applies retroactively to December 11, 2024.
    • Provides that any zoning ordinance adopted and affected by Section 3K.1 of S.L. 2024‑57 shall be treated as if it remained in effect on or before December 11, 2024.

Who would be affected

  • Local governments (county boards, municipal councils, planning/zoning commissions) in the ten listed counties — restores or confirms their authority to initiate down‑zoning actions.
  • Property owners and developers in those counties — potentially subject to locally initiated down‑zoning without their unanimous written consent.
  • Local planning, permitting, and enforcement agencies — administrative and legal effects from retroactive reinstatement of prior ordinances.

Procedural / timeline notes

  • Introduced Aug 18, 2025; passed first reading the same day.
  • The bill is targeted and not statewide — limited to the listed counties.
  • Retroactive clause may revive or preserve local ordinances that were changed or invalidated by S.L. 2024‑57 after Dec 11, 2024.

Potential implications and considerations

  • Restores stronger local land‑use control in the named counties, allowing governments to initiate down‑zoning even if one or more property owners object.
  • Raises property‑rights and due‑process concerns for affected landowners because of retroactive effect and reinstatement of prior rules.
  • Could prompt legal challenges (e.g., takings/vested‑rights claims) where development plans or transactions were made under the later rule.
  • Administrative burden: counties and municipalities may need to review, re‑adopt, or re‑apply zoning actions and notices to implement authority practically.

If you want, I can:
- Extract and compare the relevant language from S.L. 2024‑57 (Section 3K.1) to show exactly what was changed and what this bill restores; or
- Draft a short Q&A for local officials and property owners describing immediate compliance steps and likely legal questions.

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

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