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Subcommittee adopts amendment to HB4293 tightening local authority over zoning determinations amid due-process concerns
Summary
A House subcommittee adopted amendments to House Bill 4293 changing how local governments handle determinations that a property’s use is not permitted. Stakeholders including the Municipal Association and manufacturers urged changes to avoid retroactive permit voiding and litigation; supporters said the bill targets intentional misrepresentation.
A House subcommittee on Feb. 26 adopted an amendment to House Bill 4293 that would give local governing bodies clearer authority to determine when a property's use is not permitted and to take actions including invalidating permits or rezoning to align uses. The amendment narrows who may make such determinations (removing individual planning administrators from the list) and adds exemptions for agricultural and residential property, according to sponsors and witnesses.
Erica Wright, speaking for the Municipal Association, said the association participated in the amendment drafting and appreciated the effort "to workshop the bill" to protect local governments from litigation. "We were a part of the amendment that is before you today," she told the committee.
Representatives of business groups raised sharper objections. Will Frierson of South Carolina Manufacturers and Commerce warned the original bill could void permits retroactively and halt construction without hearings, shifting litigation costs to businesses. "There's no due process in the bill, as introduced," he said, describing the risk that a single local determination could lead to permits being pulled and businesses having to go to court.
Supporters, including the bill author Representative Martin, said the intent is to give local governments a tool to respond to intentional misrepresentation by applicants and to hold bad actors accountable, not to punish honest investors. Representative Sanders described the proposed amendment as focusing on "intentional misrepresentation" and routing decisions to the local governing body so a single staff member cannot unilaterally stop projects.
Home Builders representatives urged one change: expanding the residential exemption to explicitly include multifamily housing such as duplexes and townhomes. Sponsors said they were open to working on that revision in future committee action. Committee members also asked whether the bill would provide immediate tools to stop problematic operations; Representative Martin referenced an ongoing local case involving chemical leaks and said the bill could allow stop orders until zoning alignment is achieved.
The committee adopted the amendment on a roll call and then voted the bill out of the subcommittee as amended.
What happens next: The amendment narrows authority and adds exemptions; sponsors and stakeholders plan to continue negotiations on definitions (notably "intentional misrepresentation") and procedural safeguards before the bill moves to the full committee.
