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Pender County commissioners oppose state law limiting local downzoning powers (SB382 subpart 3k)

Pender County Board of Commissioners · February 4, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Planning staff asked the board to approve a resolution opposing a state statute (part of SB382) enacted Dec. 11, 2024, that local staff said constrains counties— ability to reduce permitted uses, decrease development density or create nonconformities without written consent of affected landowners; the board approved the resolution.

Planning and community development staff asked the board to approve a resolution opposing part 3k of Senate Bill 382, a state law enacted Dec. 11, 2024, that staff said places new limits on local governments— ability to change zoning regulations.

Planning Director Daniel Adams told the commissioners that subpart 3k restricts local governments from enacting rules that would decrease development density, reduce permitted land uses or create nonconformities unless the landowners whose property would be affected give written consent. Adams warned that the change could prevent the county from adopting typical growth‑management measures such as targeted setback increases or restrictions on certain uses near schools without the landowners— written agreement.

"Zoning and development regulation is one of the ways we can manage growth in the county," Adams said, and he asked the board to approve a resolution opposing the state change. Commissioners voted to approve the resolution; staff said they will continue monitoring related legislation that was introduced to reverse or modify the statute.

No policy or code change was made at the meeting; the action was a formal county resolution expressing opposition to the state statute.