Restore Down-Zoning Auth/Various Counties.

2025-2026 Session Introduced by Jim Burgin

Restores Harnett, Lee, and Sampson Counties’ power to down-zone land, with owner consent required unless the local government initiates the action.

Passed 1st Reading

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Summary of North Carolina SB 828 (Session 2025)

Title: Restore Down-Zoning Auth/Various Counties (Local)

Status: Filed April 22, 2026; 1st Reading April 23, 2026; referred to Rules and Operations of the Senate

Sponsors: Senator Burgin (primary); Co-sponsor Jim Burgin

Jurisdiction: North Carolina; Local bill affecting Harnett, Lee, and Sampson Counties

Effective date: Applicable when law becomes effective; retroactive to December 11, 2024

Key purpose

Restore the authority for Harnett, Lee, and Sampson Counties to initiate down-zoning. The bill reaffirms or reinstates down-zoning powers specifically for these three counties, allowing down-zoning actions to proceed under certain conditions.

What down-zoning means (definition in the bill)

Down-zoning refers to zoning actions that: 1) Decrease the development density of the land from what was previously allowed. 2) Reduce the permitted uses of the land to fewer uses than before. 3) Create any type of nonconformity on land not in a residential zoning district (including nonconforming uses, lots, structures, improvements, or site elements).

Key provisions

Section 1: Amends G.S. 160D-601(d) (as previously amended by S.L. 2024-57, Section 3K.1) to specify that down-zoning amendments:

Generally require the written consent of all property owners whose property is the subject of the down-zoning, unless the down-zoning amendment is initiated by the local government.

Section 2(a): The act applies only to Harnett, Lee, and Sampson Counties.

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

Implications and potential impact

Local control change: The bill targets a specific, limited set of counties to restore down-zoning authority, potentially enabling more local government-directed reductions in density, land uses, or the creation of nonconformities.

Private property considerations: When not initiated by the local government, down-zoning typically requires the written consent of all affected property owners. This protects property owners from unilateral down-zoning.

Retroactive effect: The retroactive clause means actions and ordinances in place since December 11, 2024 could be affected or deemed valid under the reestablished authority, as the bill clarifies continuity with prior legal framework.

Who is affected

Property owners within Harnett, Lee, and Sampson Counties who are subject to any proposed down-zoning.

Local governments (county commissioners and planning/zoning staff) in Harnett, Lee, and Sampson Counties seeking to initiate down-zoning actions.

Notes for readers

The bill specifically narrows its scope to three counties and adjusts procedural consent requirements for down-zoning.

It is a local act and does not apply state-wide.

The bill’s impact depends on how counties implement or reinstate down-zoning authority within their local ordinances and map changes.