Limits the authority of local governments to exercise planning, zoning, and development regulation to the authority expressly authorized in statute by repealing GS 160D-101 subsection (d), and adopting new subsection (e). Effective and applicable to ordinances in effect on or adopted after January 1, 2026, making any ordinances inconsistent with the law void and unenforceable.
Amends GS 160D-702 (Grant of power) to clarify that except as expressly provided, local governments may not apply regulations prohibited by the section to any zoning or conditional district. Prohibits development regulations from setting a minimum width or length of structures regulated under the North Carolina Residential Code, making parking space requirements except as required by the ADA, specifying the minimum width, length, or square footage of driveways in a development unless they abut a public road, and requiring design standards for roads within a development in excess of Department of Transportation standards unless the city is accepting ownership and maintenance responsibility for the road in subsection (c). Requires that zoning regulations in a city of 150,000 or more allow five dwellings or more per acre in areas zoned for residential use; for cities 149,999 or less, requires no fewer than four dwellings per acre, and makes bona fide farm use an exemption to these requirements. Specifies that a local government must use quasi-judicial procedures to adopt a zoning or development regulation authorized by the statute. Effective and applicable to ordinances in effect on or adopted after July 1, 2025, making any ordinances inconsistent with the law void and unenforceable.
Amends GS 160D-703(b), prohibiting a local government from mandating as a condition for approval of a conditional district (1) any requirement not specifically authorized by law, or any requirement that the courts have held to be unenforceable if imposed directly by the local government, or (2) any offer from the petitioner to consent to requirements not authorized by law. Requires a local government to use quasi-judicial procedures to adopt a zoning or development regulation authorized by the statute.
Adds “conditional use permits” to the list of appeals requiring quasi-judicial procedures in GS 160D-406(a).
Expands the scope of actions where a party may obtain attorneys’ fees under GS 6-21.7 to include where a court finds that a city or county’s actions were arbitrary and capricious. Adds new subsection (b), specifying that when a local elected official is a party, if a court finds that the official’s act was “fraudulent, unlawful, arbitrary and capricious, beyond the scope of his or her statutory authority, or malicious or corrupt,” the official may be held personally liable for injury and damages, and attorneys’ fees are to be awarded to the other party. Specifically waives public official immunity, legislative immunity and judicial immunity. Does not hold local elected officials responsible for unlawful acts by officers and employees, unless the acts were by the authority of the local elected official or the official had knowledge of the act or should have known of the act under reasonable circumstances.
Amends GS 160A-307 (Curb cut regulations) to specify that a city may only regulate to the extent authorized by GS Chapter 160D, and to require the city to show through substantial evidence the need for any required improvements is directly related to the traffic using the driveway in question.
Allows a civil action for declaratory relief under GS 160D-1403.1 when a person claims a decision of a local government under GS 160D-702 or GS 160D-703 is an abuse of discretion, unlawful, arbitrary and capricious, or otherwise in excess of legal authority. Amends subsection (b) to grant standing to an association or organization of persons who otherwise qualify for standing under the statute.
Creates new GS 160D-1403.3 (Private remedies), that allows a person to bring a civil action to recover damages, costs, and attorneys’ fees and obtain equitable relief for a violation of the Chapter, in addition to the other remedies available.
Except for the amendments to GS 160D-702, effective January 1, 2026.
Bill Summaries: S688 (2025-2026 Session)
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Bill S 688 (2025-2026)Summary date: Apr 1 2025 - View summary