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Aberdeen board voices concern over House Bill 765 and plans to contact state legislators
Summary
Town leaders said House Bill 765 could reduce local control over planning and zoning; the board discussed and agreed to prepare letters to Representative Ben Moss, Senator McKinnus and possibly County Representative Neil Jackson to register concerns.
During the April 28 meeting, the town manager warned that House Bill 765 — then under consideration in the North Carolina General Assembly — contains procedural changes that could materially limit local discretion on planning and permitting. The manager said staff circulated a League summary highlighting provisions such as tighter procedural deadlines (a 14‑day completeness review and a 90‑day automatic approval if a completed application isn’t decided), potential changes to ETJ authority and other provisions affecting water, sewer and accessory structures.
Board members expressed strong concern that the bill, as drafted, would "chip away" at the town’s authority to shape local planning decisions. A member described the legislation as ‘‘taking power away from this board’’ and urged proactive outreach. The discussion identified Representative Ben Moss and Senator McKinnus as primary targets for letters and suggested copying County Representative Neil Jackson to help convey the town’s position.
No formal, binding resolution was adopted during the meeting; rather, members directed staff to prepare letters of opposition that align with the League‑provided talking points and to circulate drafts for board review. Staff said the bill remains subject to committee action and legal interpretation, and that some provisions may ultimately be clarified through litigation and court decisions.
Why this matters: HB765 includes procedural deadlines and statutory changes that could affect how quickly local governments must act on land‑use applications and the circumstances under which local approvals are preempted. Town officials said they are not yet certain how courts will interpret ambiguous provisions and therefore want to make lawmakers aware of potential unintended consequences on small municipalities.
Next steps: Staff will draft letters consistent with the memo sent to the board and circulate them for review and signature.
