Bill Analysis - House Bill 218 Streamline Permits/Redevelopment of Property (June 24, 2021)

Summary

Bill analysis of House Bill 218, Streamline Permits/Redevelopment of Property, 2021-2022 General Assembly, prepared for the Senate Commerce and Insurance committee and dated June 24, 2021, as of the Second Edition. It lists Zenger as the introducer and Jeremy Ray as the preparer. Section 1 would require local governments that implement water supply watershed programs to allow an applicant to exceed the allowable density when listed circumstances apply, effective October 1, 2021. Section 2 would prohibit a local government from considering a building footprint expansion of up to 20% a site plan modification if listed criteria are met, including that the original development agreement was completed within the last 15 years.

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Full text

                                                     HOUSE BILL 218:
                                                     Streamline Permits/Redevelopment of Property.
      2021-2022 General Assembly
     Committee:     Senate Commerce and Insurance. If favorable, Date:          June 24, 2021
                    re-refer to Rules and Operations of the Senate
     Introduced by: Rep. Zenger                                    Prepared by: Jeremy Ray*
     Analysis of:   Second Edition                                              Committee Counsel

     OVERVIEW: House Bill 218 would require local governments that implement water supply watershed
     programs to allow an applicant to exceed the allowable density under water supply watershed program
     rules in certain circumstances, and would exempt certain footprint expansions from site plan
     modification requirements.
     Section 1: Clarifying stormwater runoff requirements applicable to preexisting development in
     water supply watersheds
     CURRENT LAW: Under State law, the Environmental Management Commission (EMC) is required to
     assign each water supply watershed in the State an appropriate classification and applicable minimum
     management requirements. In addition, every local government that has within its jurisdiction all or a
     portion of a water supply watershed must adopt and implement a water supply watershed protection
     program that complies with the minimum standards adopted by the EMC (see applicable rule) that: (i)
     controls development density within the watershed and (ii) provides for performance-based alternatives
     to development density controls that are based on sound engineering principles.
     BILL ANALYSIS:
     House Bill 218 would require local governments that implement water supply watershed programs to
     allow an applicant to exceed the allowable density under the jurisdiction's applicable water supply
     watershed rules when all of the following circumstances apply:
         • The property was developed prior to the effective date of the local water supply watershed
            program.
         • The property has not been combined with additional lots after January 1, 2021.
         • The property has not been a participant in a mechanism available under existing law that allows a
            property owner to average development density on up to two noncontiguous properties for
            purposes of achieving compliance with the water supply watershed development standards in
            certain circumstances.
         • The current use of the property is non-residential.
         • The stormwater from all of the existing and new built-upon area on the property is treated in
            accordance with all applicable local government, State, and federal laws and regulations.
         • The remaining vegetated buffers on the property are preserved in accordance with the local water
            supply watershed protection program requirements.
     The bill requires the EMC to adopt rules, and local governments to amend their ordinances and local
     programs, to implement the requirements of the bill.
     This section would become effective October 1, 2021 and apply to applications for permits and other
     approvals received on or after that date.
                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                           H218-SMBH-42(e2)-v-1                                                                               919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
House Bill 218
Page 2


Section 2: Exempting certain footprint expansions from site plan major modification requirements
CURRENT LAW: Chapter 160D of the General Statutes governs development regulations and programs
and applicable or related local acts. Developers are prohibited from deviating from the terms of the
development application or developmental approval without written approval from the relevant local
government (G.S. 160D-403(d)). Through an adopted ordinance, a local government may allow minor
modifications to development approvals to either be exempted from this prohibition altogether or
authorized when administratively approved. Any major modifications of an approval require the local
government to follow the same development review and approval process as was required for the initial
approval.
BILL ANALYSIS: House Bill 218 would prohibit a local government from considering a building
footprint expansion of up to 20% of a site plan modification if the following criteria are met:
    • The expanded building(s) were approved in the original development agreement.
    • The original development agreement was completed within the last 15 years.
    • There has been no change in the permitted use of the property.
Local governments would be required to amend their ordinances and local programs to implement the
requirements of this section.
This section would be effective October 1, 2021 and apply to applications for permits and other approvals
received by local governments on or after that date.


EFFECTIVE DATE: Except as otherwise provided, this act would be effective when it becomes law.


*Jennifer McGinnis and Brian Gwyn, Staff Attorneys with the Legislative Analysis Division, substantially
contributed to this summary.


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