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HB 253

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO PERSONS QUALIFIED TO RECEIVE LETTERS TESTAMENTARY OR OF ADMINISTRATION.

153rd General Assembly (2025-2026) Introduced by Bill Carson and 9 co-sponsors

HB 253 lets Henderson County down-zone land to protect farmland or FEMA floodplains without all owners’ consent, retroactive to Dec 11, 2024.

Passed By Senate. Votes: 21 YES
0
WeVote Research Nonpartisan
Bill Summary · HB 253

HB 253 — Restore Down‑Zoning / Farmland & Floodplain (NC)

What the bill would do (purpose)

HB 253 restores a local government’s authority in Henderson County to initiate zoning amendments that “down‑zone” property when those amendments are undertaken for two specified public purposes: (1) farmland preservation in agricultural districts, and (2) floodplain mitigation in areas designated as FEMA special flood hazard areas. The bill amends G.S. 160D‑601(d) to carve out these two exceptions to the general rule that a down‑zoning amendment is not enforceable without the written consent of all affected property owners.

Key provisions

  • Amends G.S. 160D‑601(d) to add exceptions allowing a local government to initiate a down‑zoning amendment without the written consent of every affected owner when the amendment is:
    • for farmland preservation in districts zoned for agriculture; or
    • for floodplain mitigation in areas designated as FEMA special flood hazard areas.
  • Defines “down‑zoning” for purposes of the statute to include any zoning change that:
    1. Decreases allowed development density relative to the prior allowance;
    2. Reduces the permitted uses specified in the zoning ordinance to fewer uses than previously allowed; or
    3. Creates any type of nonconformity on land not in a residential zoning district (including nonconforming use, lot, structure, improvement, or site element).
  • Geographic scope: applies only to Henderson County and to portions of municipalities located in Henderson County.
  • Timing: the act takes effect when it becomes law and is made retroactive to December 11, 2024. It provides that any ordinance affected by Section 3K.1 of S.L. 2024‑57 shall be restored to the form it had on or before December 11, 2024.

Who is affected

  • Henderson County and municipal governments within Henderson County: restores their ability to initiate certain down‑zoning ordinances (for farmland preservation and floodplain mitigation) without individual owners’ written consent.
  • Landowners in Henderson County (particularly owners of agricultural land and parcels in FEMA‑designated special flood hazard areas): may be subject to locally‑initiated down‑zoning that limits density, allowable uses, or results in new nonconformities.
  • Developers, renters, and other stakeholders in land use and development within Henderson County could see changes in zoning/regulatory environment where the local government acts under the restored authority.

Potential impacts and considerations

  • Land‑use outcomes: enables proactive local zoning to preserve farmland and reduce flood risk through more restrictive land‑use rules initiated by the local government (rather than only by unanimous property‑owner consent).
  • Property rights and legal risk: affected owners may raise concerns about restrictions on development rights; the retroactive effect could revive or validate ordinances that were altered or invalidated by prior law changes (S.L. 2024‑57).
  • Fiscal/development impacts: could reduce allowable development density and change permitted uses on rezoned parcels, with potential effects on property values, tax base, and local development activity. The bill itself does not specify compensation mechanisms.
  • Limited scope: because it applies only to Henderson County, statewide precedents and practices are unaffected.

Procedural / timeline notes

  • Sponsor: Representative Balkcom.
  • Statutory change: amends G.S. 160D‑601(d).
  • Effective date and retroactivity: becomes effective upon enactment and applies retroactively to December 11, 2024 (restoring ordinances as they existed on or before that date).
  • Status (as provided): Passed First Reading and referred to relevant committees per legislative record; further committee and floor actions will determine final disposition.

If you want, I can:
- Pull the exact redline language of the amendment to G.S. 160D‑601(d);
- Identify recent local ordinances in Henderson County that could be affected; or
- Draft a short FAQ for local property owners explaining how the change may affect them.

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

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