Parking during legislative meetings.

2025 Regular Session Introduced by Brian Boner and 9 co-sponsors

The bill lets Wake Forest and Rolesville initiate down-zoning without requiring written consent from all affected property owners.

H COW:H Did not consider for COW

Main purpose

To restore the authority of the two named municipalities (Town of Wake Forest and Town of Rolesville) to initiate down‑zoning of land without requiring the written consent of every affected property owner. The bill modifies G.S. 160D‑601(d) as amended by S.L. 2024‑57 to create an express exception allowing local governments to initiate down‑zoning.

Key provisions

Amends G.S. 160D‑601(d) (zoning down‑zoning rules) to add an exception: a down‑zoning amendment is not required to have the written consent of all property owners if the down‑zoning amendment is initiated by the local government.

Restates the statutory definition of “down‑zoning” to mean any zoning change that:

Decreases allowed development density;
Reduces the set of permitted uses compared to prior allowance; or
Creates a nonconformity on non‑residentially zoned land (including nonconforming use, lot, structure, improvement, or site element).

Geographic/subject limitation: the act applies only to the Town of Wake Forest and the Town of Rolesville.

Effective date and retroactivity: the act is effective when it becomes law and is applied retroactively to December 11, 2024. It states any ordinance affected by Section 3K.1 of S.L. 2024‑57 shall be restored to the status it had on or before December 11, 2024.

Who is affected

Property owners and developers in the Towns of Wake Forest and Rolesville — their properties could be subject to down‑zoning initiated by the towns without unanimous owner consent.

Local planning boards, town councils, and municipal staff — restores/reaffirms municipal authority to propose and adopt down‑zoning ordinances.

Residents and businesses potentially affected by changes in allowable density or permitted uses.

Potentially, legal counsel and courts if retroactive changes prompt challenges (e.g., claims about vested rights, takings, or procedural due process).

Potential impacts and considerations

Restores municipal flexibility to change zoning to reduce density or uses within the two towns, enabling local governments to act for community planning objectives without being blocked by lack of unanimous owner consent.

Could reduce development rights or change property values for affected landowners; may prompt administrative or legal challenges from owners claiming reliance or vested rights.

Retroactive application to December 11, 2024 may revive or validate local zoning actions that were altered or constrained by S.L. 2024‑57; this could affect ordinances adopted in the intervening period.

Narrow, local scope: the change is limited to two named municipalities and does not alter Statewide provisions for other jurisdictions.

Procedural/timeline notes

The bill is a local act limited to Wake Forest and Rolesville.

Effective upon enactment and explicitly retroactive to Dec. 11, 2024.

Current status (per provided file): Passed first reading and referred through committee stages; sponsors and actions should be checked with the General Assembly docket for subsequent movement.

Bill