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Iredell County adopts resolution opposing House Bill 765, citing erosion of local control
Summary
The Iredell County Board of Commissioners voted unanimously to adopt a resolution opposing North Carolina House Bill 765, saying the measure would undermine local planning authority, impose residential density mandates and expose local officials to personal liability.
The Iredell County Board of Commissioners on Tuesday adopted a resolution opposing House Bill 765 of the North Carolina General Assembly, saying the legislation would "undermine the fundamental authority for local planning and zoning" and could expose local elected officials to civil liability.
County Manager Beth M. Milton introduced the draft resolution and told the board that the bill "is still a, in my opinion, a bill that overreaches and does, one size fits all decisions that have to be applicable to all local jurisdictions." Milton said many jurisdictions were adopting similar resolutions in response.
Speakers on the board detailed specific concerns about the bill’s provisions and the legislative process. Commissioner Haupp — who also represents a multi-county district at the North Carolina Association of County Commissioners — said representatives on the House floor had mischaracterized the association's position and that the bill’s standing provisions and density mandates were of particular concern. "This bill would override local decision making and remove elected county officials from the process of determining how their counties grow," he said, reading prepared remarks submitted by a county association representative.
Planning staff clarified aspects of the bill’s drafts, noting that earlier versions would have mandated residential densities and restricted the ability of local governments to impose standards such as sidewalks, architectural details or density limits. Commissioner Straub moved adoption of the resolution; the board approved it 5-0.
The resolution urges the General Assembly to "leave planning and zoning decisions to locally elected boards and their citizens," asks lawmakers to terminate House Bill 765 and similar measures, and states that local governments should retain the ability to adapt state minimum standards to their community characteristics. The document also notes concerns about expanded standing and potential litigation costs for local government if trade associations or other parties are granted broader rights to sue.
Commissioners said they will send the signed resolution to legislators in Raleigh; staff and commissioners noted they had been actively monitoring changes to the bill and had participated in public conversations with state legislators and stakeholder groups.
The board adopted the resolution unanimously; the text will be forwarded to the county’s state legislative delegation and shared with regional associations.
