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New state law narrows Asheville's authority to downzone; city asks legislature for reconsideration
Summary
City Attorney and staff briefed council on Session Law 2024-57 (formerly SB 382), explaining that the law broadens the definition of downzoning, restricts local governments from downzoning without owner consent, and could hamper future UDO updates and adoption of new flood maps; staff said they will press the legislature for changes.
City Attorney Brad Branham told the Asheville City Council Jan. 23 that a late-2024 law (originally Senate Bill 382, now cited as Session Law 2024-57) substantially limits local governments' ability to downzone property and broadens the statutory definition of downzoning to include "creation of nonconformities" in nonresidential zoning districts.
Branham said the law removes the longstanding local-government exception to a statutory restriction on third-party downzoning and now prohibits local governments from downzoning without an owner's consent. "This recent legislation has drastically changed the way that local governments are able to do what's called downzoning," Branham…
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