High Point staff brief council on Senate Bill 166 changes to building and land-use rules

At a special meeting, High Point assistant city manager Damon Duquesne and inspection services director Reggie Hux briefed City Council on Senate Bill 166, a broad package of building- and land-use-related changes recently enacted by the General Assembly and made law after a gubernatorial veto was overridden.

The briefing covered multiple provisions that affect plan-review timelines, certificates of occupancy, curb-and-gutter and sidewalk requirements in extraterritorial jurisdiction (ETJ), third-party inspection and certification of infrastructure, and how certain residential structures are classified for code purposes. "The city's already, compliant with that," Duquesne said about one provision on cross-connection/backflow devices. He also told council that the department's average plan-review turnaround currently is "three to five days," well inside the new statutory deadlines.

Why it matters: Several provisions limit local discretion on technical standards and permitting practices that cities have used to shape subdivision and development. Staff told council that most changes will not immediately alter High Point practice but that some will require Unified Development Ordinance (UDO) text amendments and updated contract or inspection policies.

Key changes and local impacts described by staff

- Backflow/cross-connection devices: The law prohibits requiring these devices unless a hazard determination is made by the utility or state; Duquesne said High Point already complies.

- Plan-review timelines: The state sets maximum review timelines (examples cited in the briefing included 15–20 days for residential and 45 days for certain commercial reviews). Duquesne said the city's review is typically three to five days.

- Certificates of occupancy: The bill prevents cities from withholding certificates of occupancy for items such as landscaping or site lighting; those items could instead be secured by bond, staff said.

- Sidewalks and curb/gutter in ETJ: The law restricts requiring sidewalks in small residential subdivisions in the city's extraterritorial jurisdiction unless the city will accept long-term maintenance; staff said this may require a UDO text amendment and noted the city currently does not maintain sidewalks outside city limits.

- Third-party certification of improvements: The statute creates a process by which developers can obtain third-party engineer certification of completed infrastructure if the city and developer disagree. Duquesne said High Point already accepts third-party inspections in practice for some developments but council members raised liability concerns during discussion.

- Fire prevention and professional-scope clarifications: The bill narrows local authority to adopt fire-prevention standards beyond the residential code and clarifies limits on making administrative decisions about work sealed by licensed professionals; staff reported no operational change locally.

- Artificial turf and stormwater: For stormwater programs, artificial turf is not treated as built-upon area; staff said a UDO text amendment is likely to formalize current practice that treats artificial turf overunderdrain as pervious.

- Four-family dwellings: The residential code changes mean a four-unit building may be treated under one- or two-family dwelling provisions rather than the commercial code; staff cautioned code language is still being finalized and statewide model codes are forthcoming.

Council discussion and legal/contract concerns

Council members asked about the risk of accepting third-party certifications. City Attorney Megan (last name not specified in the record) said "in a worst case scenario, should something happen and there be an issue, we're gonna look to that contract to govern who's responsible and where the liability comes from." She noted that developers and design professionals increasingly seek contract changes such as limits on indemnification and caps on damages, and recommended careful front-end negotiation of contracts.

Council member Judy (first name only in the record) said she had been involved in drafting parts of the bill and thanked Reggie Hux for tracking problematic provisions. Staff said they will bring necessary UDO text amendments forward during the planned UDO update and will monitor implementation by state agencies (for example, the Office of the State Fire Marshal).

Votes at a glance

- Motion to adopt the meeting agenda: moved by Mayor Pro Tem Holmes; seconded by Councilman Peters. The motion passed by voice vote; the minutes record the chair's announcement, "the ayes have it." The meeting record did not include a roll-call tally.

- Motion to enter closed session for acquisition of property: moved by Mayor Pro Tem Holmes; seconded by Council Member Moore; the motion passed by voice vote.

What’s next: Staff advised that where the statute creates definite changes (for example sidewalks in the ETJ or formalizing artificial-turf treatment), planners will prepare UDO amendments. Staff also said they will continue to track implementing rules from state agencies and will report back to council when formal UDO changes are ready for public review.