Restore Down-Zoning Auth./Military Counties.

2025-2026 Session Introduced by Bob Brinson and 3 co-sponsors

The bill restores a property-owner consent requirement for down-zoning in Craven, Carteret, Onslow, Jones, and Lenoir counties, unless initiated by local government.

Passed 1st Reading

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Purpose and Intent

The bill seeks to restore the ability to initiate down-zoning in five coastal-military counties in North Carolina: Craven, Carteret, Onslow, Jones, and Lenoir, and the municipalities within those counties.

It targets a rollback of recent statutory changes that limited down-zoning by requiring written consent of all affected property owners (unless initiated by the local government).

Key Provisions

Section 1: Down-Zoning Standard

Amends G.S. 160D-601(d) to clarify the rules for down-zoning.

A down-zoning amendment cannot be initiated, enacted, or enforced without the written consent of all property owners whose property would be subject to the down-zoning, unless the down-zoning is initiated by the local government.

Defines “down-zoning” as any zoning action that:

Decreases the development density of the land below what was permitted previously.
Reduces the permitted land uses to fewer uses than previously allowed.
Creates any type of nonconformity on land not in a residential zoning district (including nonconforming use, lot, structure, improvement, or site element).

Section 2: Jurisdiction and Effective Date

Section 2(a): The act applies exclusively to Craven, Carteret, Onslow, Jones, and Lenoir Counties and the municipalities located in those counties.

Section 2(b): Effective on becoming law, with retroactive applicability to December 11, 2024. Any ordinance adopted that would be affected by the prior Section 3K.1 of S.L. 2024-57 remains in effect as it stood on or before December 11, 2024.

Effective Date and Retroactivity

The bill is effective upon becoming law.

It expressly retroactively applies to actions and ordinances from December 11, 2024, aligning with the retroactivity window referenced in the bill.

It references and interacts with a prior statute (S.L. 2024-57, Section 3K.1) and ensures related ordinances are treated as they were in place as of December 11, 2024.

Who/What Is Affected

Affected Counties and Municipalities

Craven County and its municipalities

Carteret County and its municipalities

Onslow County and its municipalities

Jones County and its municipalities

Lenoir County and its municipalities

Affected Parties

Property owners whose land would be subject to down-zoning

Local governments (counties and municipalities) initiating zoning amendments

Developers and landowners seeking to down-zone property within the specified counties

Procedural and Timeline Aspects

The bill changes the threshold for down-zoning approvals by reinstating consent of all affected property owners, unless the local government initiates the down-zoning.

It retroactively applies to actions taken since December 11, 2024, potentially affecting existing or pending down-zoning amendments within the targeted counties.

It interacts with the prior 2024 statute (S.L. 2024-57) and specifies that any ordinance already adopted under that framework remains in effect as it was on/before December 11, 2024.

Practical Implications

Strengthens property-owner veto rights for down-zoning in the specified counties, potentially slowing or blocking down-zoning proposals not initiated by local governments.

Concentrates down-zoning policy control at the local government level and protects existing nonconformities created under prior rules, where applicable.

May impact regional land-use planning, housing density strategies, and development flexibility in the five counties and their municipalities.

Bill