Senate Bill 688: Evaluating the Local Government Land Use Reform Act
The North Carolina General Assembly has introduced Senate Bill 688, the Local Government Land Use Reform Act, proposing substantial amendments to local planning and development regulations. This legislation would significantly alter the regulatory landscape for cities and counties, with implications for housing supply, affordability, and local governance.
Key Provisions and Regulatory Changes
Minimum Residential Density Mandates:
Municipalities with populations exceeding 150,000 would be required to allow at least five dwellings per acre in residential zones.
Smaller municipalities (under 150,000) must permit a minimum of four dwellings per acre.
Restrictions on Design Regulations:
Local governments would face limitations on imposing aesthetic or architectural design standards on structures governed by the North Carolina Residential Code, unless within designated historic districts.
Regulations on parking space sizes and driveway dimensions would be further restricted.
Conditional Zoning Reform:
Local governments would be barred from imposing conditions on developments that exceed statutory authority.
Multifamily projects offering affordable housing (for households earning below 80% of the area median income) would be exempt from subjective harmony requirements.
Legal and Financial Accountability:
Courts could award attorneys' fees and costs to litigants who successfully challenge local government actions deemed unlawful or arbitrary.
Local elected officials could face personal liability for decisions found to be fraudulent, malicious, or beyond their statutory authority.
Anticipated Impact
Proponents of SB 688 argue that the bill will address North Carolina's housing shortage by promoting higher-density development, reducing regulatory barriers, and encouraging more affordable housing construction. By limiting discretionary zoning decisions, the legislation aims to provide developers with greater predictability and reduce project delays.
On the other hand, critics raise concerns that restricting local authority may undermine municipal efforts to maintain community character, ensure environmental sustainability, and implement context-specific land use plans. Additionally, the introduction of personal liability for elected officials could discourage public service and exacerbate the challenges of local governance.
Implementation Timeline
Select provisions, including changes to zoning density mandates, are slated to take effect on July 1, 2025.
Full implementation, including legal accountability measures, will commence on January 1, 2026.
Stakeholders are encouraged to engage with their representatives to provide input on this transformative legislation. Understanding its potential to reshape North Carolina's urban and suburban development landscape is essential for informed advocacy and policymaking.