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Board flags state law SB 382 as reason for caution on zoning reversals
Summary
Board members discussed Senate Bill 382 during the Long Shoals Road rezoning, raising concerns that the law could limit the county’s ability to downzone properties in certain nonresidential districts; members asked for a future briefing and noted reports of a potential legal challenge.
During discussion of the Long Shoals rezoning, a board member raised SB 382 as a state-level development that could constrain local zoning authority. The member said, "Essentially, under SB 82, we couldn't go back if we ever wanted to." Another member noted hearing that "there may be somebody filing a lawsuit challenging that provision at this time."
Planning staff and the applicant discussed how the statute’s text and its triggers (which refer to nonresidential districts) might apply to the CS district, which contains residential components. Staff recommended monitoring the statute’s status and the board agreed to request a dedicated briefing at a future meeting. The chair closed the hearing after the rezoning vote and confirmed the request for further information.
