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Council pauses tree‑protection and character‑district UDO amendments until Feb. 10 to await state action
Summary
Planning staff recommended and the council voted to continue two public‑hearing items (landscaping/tree protection and character district amendments) to the Feb. 10, 2026 meeting while awaiting possible state statutory changes (cited Senate Bills 382 and 587) that affect "downzoning" and nonconformities.
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The Southern Pines Town Council voted to continue two zoning items — proposed landscaping and tree protection changes to the Unified Development Ordinance (UDO) and a character‑district map/UDO amendment — to the Feb. 10, 2026 regular meeting at staff’s recommendation.
Planning Director BJ Grieve explained that since the town began implementing Phase 1 of its 2040 comprehensive plan, state law changes (Senate Bill 382) modified the definition of “downzoning” to include regulations that create nonconformities. That change has made it difficult for the town to adopt some portions of a tree protection and landscape code without creating legal nonconformities for existing development. Grieve said the town has continued these files multiple times while monitoring the General Assembly and that Senate Bill 587 (pending) may remove the problematic language; if the state does not act, staff will need to restart the local drafting process.
Council unanimously approved a motion to continue both files to the Feb. 10, 2026 meeting to allow time to assess the state legislative outcome and to refine local language if needed.
Why it matters: The pause is procedural but consequential: changes to local tree protection and landscape rules are a primary tool to preserve canopy, control street furniture and manage design character. Council’s decision preserves the town’s options while deferring final local action until the state’s statutory posture is clearer.

