House Bill 218 Second Edition, Streamline Permits/Redevelopment of Property, North Carolina (2021)

Summary

House Bill 218, Second Edition, in the General Assembly of North Carolina, Session 2021, with the short title Streamline Permits/Redevelopment of Property and Committee Substitute Favorable 4/27/21. Section 1 adds a subsection requiring a local government implementing a water supply watershed program to allow an applicant to exceed the allowable density if listed circumstances apply, and is effective October 1, 2021. Section 2 rewrites § 160D-403 on administrative development approvals, including a provision that a developer expanding the footprint of buildings by up to twenty percent (20%) does not constitute a site plan modification. Section 3 states that, except as otherwise provided, the act is effective when it becomes law.

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“House Bill 218 Second Edition, Streamline Permits/Redevelopment of Property, North Carolina (2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-06-24-full-bill-218-0541a6717a/, SHA-256 e1ae9b6e691d0af3cc3687c9acc9d4a741662e835d4e6775ec1b500461bfc762.

Full text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 2
HOUSE BILL 218
Committee Substitute Favorable 4/27/21

Short Title: Streamline Permits/Redevelopment of Property. (Public)
Sponsors:
Referred to:
March 4, 2021

1 A BILL TO BE ENTITLED
2 AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO
3 PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS AND TO
4 EXEMPT CERTAIN FOOTPRINT EXPANSIONS FROM SITE PLAN MAJOR
5 MODIFICATION REQUIREMENTS.
6 The General Assembly of North Carolina enacts:
7 SECTION 1.(a) G.S. 143-214.5 is amended by adding a new subsection to read:
8 "(d3) A local government implementing a water supply watershed program shall allow an
9 applicant to exceed the allowable density under the applicable water supply watershed rules if all
10 of the following circumstances apply:
11 (1) The property was developed prior to the effective date of the local water
12 supply watershed program.
13 (2) The property has not been combined with additional lots after January 1, 2021.
14 (3) The property has not been a participant in a density averaging transaction
15 under subsection (d2) of this section.
16 (4) The current use of the property is nonresidential.
17 (5) The stormwater from all of the existing and new built-upon area on the
18 property is treated in accordance with all applicable local government, State,
19 and federal laws and regulations.
20 (6) The remaining vegetated buffers on the property are preserved in accordance
21 with the local water supply watershed protection program requirements."
22 SECTION 1.(b) The Commission shall adopt rules, and local governments shall
23 amend their ordinances and local programs, to implement the requirements of this act.
24 SECTION 1.(c) This section becomes effective October 1, 2021, and applies to
25 applications for permits and other approvals received on or after that date.
26 SECTION 2.(a) G.S. 160D-403 reads as rewritten:
27 "§ 160D-403. Administrative development approvals and determinations.
28 (a) Development Approvals. – To the extent consistent with the scope of regulatory
29 authority granted by this Chapter, no person shall commence or proceed with development
30 without first securing any required development approval from the local government with
31 jurisdiction over the site of the development. A development approval shall be in writing and
32 may contain a provision requiring the development to comply with all applicable State and local
33 laws. A local government may issue development approvals in print or electronic form. Any
34 development approval issued exclusively in electronic form shall be protected from further
35 editing once issued. Applications for development approvals may be made by the landowner, a
36 lessee or person holding an option or contract to purchase or lease land, or an authorized agent

*H218-v-2*
General Assembly Of North Carolina Session 2021
1 of the landowner. An easement holder may also apply for development approval for such
2 development as is authorized by the easement.
3 …
4 (d) Changes. – After a development approval has been issued, no deviations from the
5 terms of the application or the development approval shall be made until written approval of
6 proposed changes or deviations has been obtained. A local government may define by ordinance
7 minor modifications to development approvals that can be exempted or administratively
8 approved. The local government shall follow the same development review and approval process
9 required for issuance of the development approval in the review and approval of any major
10 modification of that approval. A developer expanding the footprint of buildings approved in the
11 original development agreement by up to twenty percent (20%) shall not constitute a site plan
12 modification if the agreement has been completed within the last 15 years and there has been no
13 change in the permitted use of the property.
14 …."
15 SECTION 2.(b) Local governments shall amend their ordinances and local programs
16 to implement the requirements of this section.
17 SECTION 2.(c) This section becomes effective October 1, 2021, and applies to
18 applications for permits and other approvals received by local governments on or after that date.
19 SECTION 3. Except as otherwise provided, this act is effective when it becomes
20 law.

Page 2 House Bill 218-Second Edition

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