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Johnston County’s UDO rewrite underway; consultants warn Senate Bill 382 constrains down‑zoning
Summary
Planning staff and consultants gave a mid‑project update on the unified development ordinance (UDO) rewrite. Consultants said Senate Bill 382, recently enacted, limits government‑initiated down‑zoning by requiring written consent from affected property owners, complicating a county‑wide remapping effort.
County planning staff and consultants updated commissioners March 17 on the multi‑year unified development ordinance (UDO) rewrite and public engagement to date, and flagged a new state law that affects how the rewrite can be implemented.
Cindy Swartzkoff of Kimley‑Horn, the consultant team lead, reviewed public open‑house feedback and the project schedule. She said participants prioritized clearer district regulations, dimensional standards, definitions and subdivision processes; they also endorsed stronger open‑space and buffer guidance and better code accessibility.
Swartzkoff and Planning Director Branson Newton told the board a state law passed last November — identified in the meeting as Senate Bill 382 — has complicated the county’s ability to initiate broad rezoning that would reduce allowable uses (so‑called down‑zoning). Under the change, local governments cannot initiate a down‑zoning for an area without written consent from each affected property owner; property owners retain the ability to request down‑zonings voluntarily, the consultants said.
“That legislation essentially eliminated down‑zoning that would be initiated by any government entity,” Kimley‑Horn’s Swartzkoff said, summing up the effect on planned county‑wide mapping changes. Commissioners and consultants said staff is monitoring multiple bills and rescission proposals at the legislature and will adapt the UDO schedule as needed.
The UDO project team plans additional stakeholder focus groups, community open houses in commissioner districts in June, an online draft for public comment in mid‑summer and a target for board review in early fall. Key draft sections remaining include administration, landscaping and environmental standards; staff expects to align the UDO text with the county’s forthcoming stormwater ordinance revisions.
No formal action was taken; commissioners were asked to provide priorities ahead of small‑group meetings scheduled with staff to guide the next drafting steps.
