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Planning board backs removing mandatory resubmission waiting periods to comply with state law

Pender County Planning Board · December 3, 2025
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Summary

To comply with new state law, the Pender County Planning Board voted to recommend a zoning-text amendment removing mandatory waiting periods for refiling denied or withdrawn development applications, explicitly citing N.C. Gen. Stat. 160D-601(e) in its motion to the county commissioners.

Staff presented ZTA 2025‑33, a text amendment to remove the Unified Development Ordinance language that imposed mandatory waiting periods before an applicant could resubmit a denied or withdrawn rezoning or development application. The change responds to a recent state law (N.C. Gen. Stat. 160D‑601(e)) that prohibits mandatory waiting periods.

Senior planner Virginia Norris told the board that the amendment removes resubmission waiting-period language and that counties are required to comply. Board members discussed the potential for repeated filings to burden public engagement but recognized the legal requirement. A motion that explicitly referenced N.C. Gen. Stat. 160D‑601(e) was made and the board recommended approval; the item will be forwarded to the Board of County Commissioners for final action.

The board noted the practical implications — citizens and commissioners can expect resubmitted applications in some cases — and staff agreed to forward the recommended language and citation to the commissioners.