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HB 781

Unauthorized Public Camping and Sleeping.

2025-2026 Session Introduced by Jennifer Balkcom and 9 co-sponsors

Prohibits regular public camping on public property; allows only certified, limited temporary designated sites with safety, sanitation, and health-service requirements.

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Bill Summary · HB 781

HB 781 — Unauthorized Public Camping and Sleeping (North Carolina) — Summary

Status: Committee Substitute Favorable (House) — Effective date (if enacted): October 1, 2025
Introduced: April 3, 2025 (1st edition); Committee Substitute reported favorable 5/6/2025

Purpose

To prohibit local governments from authorizing ongoing overnight camping or sleeping on public property, while creating a limited, regulated process by which a county or municipality may designate land for temporary public camping when shelter capacity is insufficient. The measure focuses on public safety, sanitation, and behavioral-health coordination.

Key provisions

  • Adds § 160D‑917 to Chapter 160D (local government law).
  • Definitions:
    • “Department” = NC Department of Health and Human Services (DHHS) or the county health department if designated.
    • “Public camping or sleeping” = overnight lodging outdoors as a dwelling (tents, bedding, stored belongings), or sleeping outdoors without a shelter; excludes lawful overnight use of a registered motor vehicle and recreational camping on designated property.
  • General prohibition:
    • A local government may not authorize or allow persons to regularly engage in public camping or sleeping on any public property (including public buildings, grounds, rights‑of‑way), except as provided below.
  • Limited exception — designated temporary sites:
    • A local governing board may, by majority vote, designate its own property for public camping for no longer than one continuous year.
    • Before use, the designated property must meet minimum standards addressing:
    • Safety and security;
    • Sanitation (minimum: access to clean, operable restrooms and running water);
    • Coordination with county health department to provide behavioral‑health services (including substance‑use and mental‑health resources);
    • Prohibition and enforcement against illegal drugs and alcohol on the site.
  • Certification by DHHS:
    • A designation is not effective until DHHS certifies it.
    • The local government must document (among other things) that: shelter beds are insufficient in the jurisdiction; the site is not contiguous to residentially zoned property; the site will not materially harm surrounding property values or child safety; and the site plan meets minimum standards.
    • DHHS must acknowledge receipt within 10 days and certify a complete submission within 45 days (deemed certified if DHHS takes no timely action).
  • Public transparency and oversight:
    • Within 30 days of certification the local government must publish the standards/procedures on its website and keep them posted while the site remains designated.
    • DHHS may inspect designated sites and recommend closure if requirements lapse; the local government must post such closure recommendations within five business days.
  • Enforcement:
    • Any resident, local business owner, or the Attorney General may sue to enjoin violations of the prohibition (i.e., unlawful authorization). Prevailing private plaintiffs may recover reasonable costs, including attorneys’ fees, investigative costs, witness and deposition fees.
    • A plaintiff must first provide written notice to the governing body and allow five business days to cure; affidavit requirements apply to injunction filings.
  • Emergency exceptions:
    • The section does not apply during a state or local emergency declared under relevant statutes.

Who is affected

  • Local governments (counties and municipalities): restricted from authorizing unsanctioned public camping; additional administrative tasks if they designate a site (planning, certification, posting, compliance).
  • Homeless individuals: prohibition on regular public camping; access limited to certified designated sites if any exist.
  • DHHS and county health departments: certification, inspections, and coordination responsibilities.
  • Local residents and businesses: given standing to seek injunctive relief if a local government permits public camping outside the statutory framework.

Procedural/timeline aspects

  • Designations limited to a continuous period of no more than one year.
  • DHHS: 10‑day acknowledgement; 45‑day certification deadline (deemed certified if no action).
  • Local government: publish standards within 30 days after certification; post closure recommendations within five business days.

Potential impacts and considerations

  • Local governments will face legal constraints on encampment management; creating a certified temporary site triggers operational, sanitation, security, and health‑service obligations.
  • DHHS workload increases because of certification and inspection responsibilities.
  • The bill creates a private‑party enforcement mechanism that could produce litigation against local governments.
  • No explicit funding provisions are included; compliance (e.g., providing restrooms, security, health services) may impose fiscal and logistical burdens on local governments.

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

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