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SB 138

An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in incentives for municipal volunteers of fire companies and nonprofit emergency medical services agencies, further providing for definitions, for volunteer service credit program, for service record, for certification and for duties of State Fire Commissioner.

2025-2026 Regular Session Introduced by Jay Costa and 5 co-sponsors

Restores Mecklenburg County and its municipalities' power to initiate down-zoning, reversing 2024 limits, retroactive to Dec 11, 2024.

Laid on the table (Pursuant to Senate Rule 9)
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WeVote Research Nonpartisan
Bill Summary · SB 138

SB 138 — Restore Down‑Zoning Authority / Mecklenburg County (NC)

Status: Introduced; enacted effective upon becoming law (retroactive application noted)
Introduced: 2025 (Primary sponsor: Sen. Bradley)

Main purpose

To restore local government authority to initiate ordinance amendments that down‑zone property in Mecklenburg County and the county’s municipalities — reversing a change in the 2024 session (S.L. 2024‑57, Sec. 3K.1(a)) that had effectively prevented local governments from initiating down‑zoning without the written consent of every affected owner.

Key provisions

  • Amends G.S. 160D‑601(d) (zoning down‑zoning rule) to remove the restriction added by S.L. 2024‑57 and to restore the prior rule that allows local governments to initiate down‑zoning.
  • Reinstates the definition of “down‑zoning” for purposes of the statute. Under the bill, “down‑zoning” means an ordinance that, for land affected:
    • Decreases permitted development density compared to prior allowance; or
    • Reduces the set of permitted uses compared to prior allowance; or
    • Creates a new nonconformity on non‑residential land (nonconforming use/lot/structure/improvement/site element).
  • Geographic scope limited to Mecklenburg County and municipalities located in the county.
  • Effective date: the act takes effect when it becomes law and is applied retroactively to December 11, 2024. It specifies that any ordinance adopted and affected by Section 3K.1 of S.L. 2024‑57 is to be in effect as it stood on or before December 11, 2024.

Who is affected

  • Local governments (Mecklenburg County and its municipalities): regain authority to propose and adopt down‑zoning measures.
  • Property owners and developers in Mecklenburg County: potential changes to land use entitlements, allowable density, and permitted uses — with implications for property value and development plans.
  • Planning/zoning boards, staff, and legal advisors: will implement and process down‑zoning actions under restored authority.
  • Residents and neighborhoods in affected areas: potential local land‑use and density changes.

Potential impacts and considerations

  • Restores local land‑use control tools that enable governments to reduce density or permitted uses for planning or community goals (e.g., environmental protection, traffic/amenity concerns).
  • Could affect property values, existing development plans, and investment certainty for parcels subject to down‑zoning; may increase prospects for litigation (e.g., takings or due‑process claims), depending on implementation.
  • Retroactivity means ordinances or processes affected by the 2024 limitation are treated as they existed December 11, 2024 — this may affect pending or recently adopted local actions.

Procedure / timeline notes

  • Applies only within Mecklenburg County and its municipalities.
  • Effective upon enactment and retroactive to 12/11/2024; local governments may proceed with down‑zoning initiation consistent with this restored authority immediately after the law takes effect.
  • The bill amends an existing general statute (G.S. 160D‑601(d)) governing local zoning changes.

For local officials and stakeholders: review existing or pending zoning proposals and consult municipal/county counsel about whether and how to proceed with new or reinstated down‑zoning initiatives under the restored statutory authority.

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

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