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Resolution - Resolution in Support of Local Legislation for Union County Concerning Local Government Zoning Control and Session Law 2024-57 (S.B. 382)
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INFORMATION CONTACT:
Patrick Niland, County Manager’s Office, Deputy County Manager, 704-283-3630
ACTION REQUESTED:
1) Adopt the Resolution in Support of Legal Legislation for Union County Concerning Local Government Zoning Control and Session Law 2024-57 (S.B. 382); and
2) Direct the County Manager, or his designee, to distribute the Resolution to all municipalities located in Union County.
PRIOR BOARD ACTIONS:
December 16, 2024, Regular Meeting, Agenda Item # 24-884 - Board adopted a Resolution in Support of Repeal or Amendment of Section 3K.1 of Session Law 2024-57
BACKGROUND:
On December 11, 2024, the General Assembly adopted Session Law 2024-57 (S.B. 382). A section of this bill, Section 3K.1 is entitled “No Local Government Initiated Down-Zoning without Consent of Affected Property Owner.” A major revision in this section removes a local government’s ability to initiate a “down-zoning amendment” to its own zoning regulations or zoning map unless certain highly burdensome requirements are met. This functionally prevents a local government’s ability to address population growth and limit population density in certain areas via down-zoning amendments.
The State-imposed zoning amendment removes the traditional authority and ability of local governments to amend their own regulations at the local level, thereby limiting the authority of local voters to express their policy preferences through local elected officials. Due to the adoption of this legislation, the Board adopted a Resolution in Support of Repeal or Amendment of Section 3K.1 of Session Law 2024-57 on December 16, 2024.
However, due to Union County’s particular position as one of the ten most populous counties in North Carolina, while also being one of the fastest growing counties in the State, it has unique issues concerning population growth, density, and related pressures as it adjoins one of the mostly highly urbanized areas of the United States. This necessitates the ability to respond to those issues through local zoning regulation. Thus, this resolution requests that the Union County Legislative Delegation bring forth to the General Assembly a bill, support such bill, and continuously advocate for the passage of such bill, which repeals the State imposed limitation on local government initiated down-zoning amendments set forth in Section 3K.2 of Session Law 2024-57.
FINANCIAL IMPACT:
None.