Union County commissioner urges Indian Trail to adopt resolution opposing state provision limiting down‑zoning

Indian Trail — Brian Helms, a member of the Union County Board of Commissioners speaking in his personal capacity, asked the Indian Trail Town Council during public comment to consider adopting a resolution opposing a state legislative provision he identified as Section 3(k)(1) of S.B. 382.

Helms described the provision as one that "prohibits local government initiated down‑zoning without consent of the property owner" and argued it removes an authority local elected officials use to respond to constituents' preferences about growth and density. He said the provision binds local governments statewide and urged the council to weigh a resolution similar to the one adopted unanimously by the Union County Board of Commissioners on Jan. 21.

"To be clear, this is not an addition of legislation to protect property rights. Rather, this provision strikes the authority of local governments like the county and like the town of Indian Trail to deal with zoning matters that are in the best interest of our constituents," Helms said. He said he would leave copies of the county resolution with staff.

Council did not take immediate action during the meeting, and staff noted the request would be placed on a future agenda for consideration if the council desires a formal resolution.

Speakers: Commissioner Brian Helms (speaking in a personal capacity).