Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the State Legislation Downzoning topic
No spam. Unsubscribe anytime.
Commissioners adopt resolution opposing state law that limits downzoning authority
Summary
Currituck County commissioners voted to oppose Senate Bill 382 (as enacted), which the board said would restrict local government authority to downzone property by requiring written consent from every affected property owner.
The Currituck County Board of Commissioners on Jan. 6 adopted a resolution opposing provisions in Senate Bill 382 that, in the board’s view, restrict local governments’ ability to downzone property.
A board member summarized the bill as adding a requirement that any downzoning — defined in the statute as reducing development density, removing permitted uses, or creating nonconformities — may require written consent from all property owners whose land is affected. The board’s resolution directs the clerk to forward a certified copy of the resolution to state Senator Bobby Hennig and other officials.
Commissioners discussed potential consequences for property owners and local government. One commissioner raised concerns about vested rights and whether an owner who upzoned and then spent money in reliance on that decision would retain protection from a later downzoning. The county attorney noted that common-law vesting arguments could apply where an applicant relied on a final local government decision and made substantial expenditures in reliance on the approval.
A commissioner said the tool of downzoning is a basic local government authority to manage density and land-use compatibility; the resolution expresses the county’s strong opposition to limiting that authority. The board approved the resolution by voice vote.
