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Town attorney outlines 2025 session‑law changes affecting Garner — ETJ moratorium, SBI checks and Brownfields among items

Town of Garner Town Council · September 17, 2025
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Summary

Town Attorney Terry Jones summarized 2025 session laws that could affect Garner, noting 89 session laws to date, a Wake County ETJ moratorium through Dec. 31, 2028, new SBI criminal background checks for employees working with children effective Oct. 1, Brownfields updates, and a narrow Fire Code exemption for certain low‑rise Type V buildings.

Town Attorney Terry Jones briefed the council on session‑law changes from the 2025 North Carolina legislative session that may affect municipal operations.

Jones opened by noting the volume of legislation: “there have been 89 session laws in 2025 adopted, by the general assembly,” and said the legal team grouped likely municipal impacts into five categories: land use; building code and regulatory fees; transportation; laws affecting town employees; and laws affecting police officers.

Key items Jones highlighted include a moratorium on ETJ expansions (effective June; prevents Wake County municipalities from expanding extraterritorial jurisdiction beyond what existed on Jan. 1, 2025, through Dec. 31, 2028); Brownfields Property Reuse Act amendments (effective July 1) that change fees and tax benefit exclusions; a narrow Fire Code exemption for certain low‑rise, Type‑V construction buildings with direct exterior exits; and a requirement, effective Oct. 1, that new employees who work with children undergo State Bureau of Investigation (SBI) criminal background checks that include fingerprinting and an additional fee (Jones estimated just under $40 per applicant).

Jones also outlined changes affecting law enforcement benefits and personnel records, noting options for special separation allowances and portability of records across jurisdictions. She recommended staff monitor specific changes and consult the legal department when questions arise.

Councilors thanked the legal team and asked that staff track how the new laws will affect specific town programs and hiring practices.