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SB 493

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for cash bail prohibited, for conditions of release and for collection and report of pretrial release data; in sentencing, further providing for modification or revocation of order of probation; and abrogating regulations.

2025-2026 Regular Session Introduced by Amanda Cappelletti and 6 co-sponsors

Eliminates municipal ETJ, shifting land‑use control to counties or mutually agreed jurisdictions, affecting parcel regulation and enabling school siting in commercial zones.

Referred to Judiciary
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WeVote Research Nonpartisan
Bill Summary · SB 493

SB 493 — Land Use Clarification and Changes (North Carolina) — Summary

Status: Amend Adopted A1; enacted (chapter assigned).
Primary Sponsors: Senators Lee, Moffitt, Overcash.
Key statutory references amended: Chapter 160D (Local Planning & Zoning), including new G.S. 160D‑917 and revisions to G.S. 160D‑108, 160D‑203, 160D‑201, and 160D‑202.

Purpose / Intent

SB 493 makes three principal changes to North Carolina land‑use law to (1) facilitate siting of public schools in commercially zoned areas, (2) clarify and strengthen the protection of existing use/vested rights and the treatment of special use permits and split‑jurisdiction parcels, and (3) eliminate municipal extraterritorial zoning authority (ETJ) established under Chapter 160D.

Key Provisions

  1. Schools allowed in commercial zones (New G.S. 160D‑917)

    • Requires that zoning regulations in commercially zoned areas allow the siting of public school buildings (K–12) either “by right” or via a special use permit when the school is under control of a public school unit (G.S. 115C‑5).

  2. Vested rights and permit treatment (amendments to G.S. 160D‑108 & G.S. 160D‑705)

    • Reiterates/clarifies that a vested right arising from issued development permits, subdivision authorizations, site‑specific vesting plans, phased developments, or development agreements cannot be overridden by later land‑use regulation changes without the landowner’s written consent.
    • Explicitly states that establishing one vested right does not extinguish other vested rights or uses attached to the property.
    • Provides for administrative review/approval of minor modifications to special use permits (so long as uses/density are not changed) and allows (or authorizes) recording of special use permits with the register of deeds. If a special use permit expires and does not vest, current zoning applies.

  3. Split jurisdiction and landowner choice (amendments to G.S. 160D‑203 & G.S. 160D‑102)

    • Where a parcel lies in multiple local governments’ planning jurisdictions, local governments may, by mutual agreement and with landowner consent, assign exclusive jurisdiction for the entire parcel to one jurisdiction.
    • If no agreement exists, the landowner may elect to be regulated by the local government whose jurisdiction contains the majority of the parcel’s acreage.
    • Clarifies that these arrangements apply to planning/regulatory authority only (not taxation), and refines who is treated as the “landowner” for these processes (all fee‑simple title holders; counties’ tax records can be relied upon).

  4. Elimination of municipal extraterritorial jurisdiction (G.S. 160D‑201 & G.S. 160D‑202)

    • Removes or substantially restricts cities’ statutory authority to exercise planning and development powers beyond their corporate limits (i.e., removes ETJ zoning authority as previously provided under G.S. 160D‑202). (Text replaces provisions granting municipal ETJ powers.)

Who is affected

  • Beneficiaries: school districts / public school units (easier siting in commercial areas); landowners and developers (stronger vesting protections; greater predictability; ability to choose regulatory jurisdiction in split parcels).
  • Adversely affected or materially changed: municipalities (loss of ETJ planning/zoning control); local planning departments and boards (process adjustments for special‑use permits, recording, and jurisdictional determinations); counties (may assume expanded regulatory authority in areas formerly subject to municipal ETJ).

Procedural / Effective Date

  • Provisions state “This Part is effective when it becomes law” (unless other timing is specified in particular sections). Legislative history shows the bill advanced with amendments (Amend Adopted A1) and received final legislative action; check the official session laws for the chapter number and exact effective date in the enrollment.

Potential Practical Impacts

  • Facilitates school siting in commercial zones, which can speed project approvals and expand school site options in developed/urban areas.
  • Strengthened vesting language increases predictability for developers and landowners by protecting existing approvals and by clarifying that additional approvals do not extinguish prior rights.
  • Removing municipal ETJ shifts local land‑use control toward county jurisdictions or reduces municipal influence beyond city limits — potentially affecting coordinated urban planning, annexation strategies, utility and infrastructure decisions, and local revenue/impact mitigation regimes.
  • Local governments will need to revise ordinances, administrative processes, and interjurisdictional agreements to align with the new statutory framework.

If you want, I can:
- Extract the exact statutory text changes side‑by‑side (old vs. new) for the most affected code sections, or
- Draft a short implementation checklist for counties, municipalities, and school districts to prepare for compliance with the new law.

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

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