North Carolina Restores Local Government Down-Zoning Authority for Durham and Person Counties

Original title: Down-Zoning/Person & Durham Cos.

Last action · March 4, 2025: Ref to the Com on Judiciary 3, if favorable, Housing and Development, if favorable, Rules, Calendar, and Operations of the House (House action)Sponsors: Ray Jeffers and 11 others

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What This Bill Would Do

House Bill 263 restores the authority of local governments in Durham and Person Counties, as well as the Cities of Durham and Roxboro, to initiate amendments without requiring the written consent of every affected property owner. The law applies retroactively to December 11, 2024, reinstating zoning ordinances affected by previous state legislation.

Why it matters

Property owners in Durham and Person Counties can now face zoning changes that reduce development density or permitted uses even if they do not personally consent, provided the local government initiates the change.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners in Durham and Person Counties

Property owners can have their land subject to down-zoning initiated by local governments without requiring their written consent.

Directly affected

Local governments of Durham County, Person County, Durham, and Roxboro

Local governments regain the authority to initiate and enforce down-zoning amendments independently of unanimous property owner consent.

Key Facts

Restores local government authority to initiate, enact, or enforce down-zoning without unanimous written consent from all affected property owners in Durham and Person Counties and the Cities of Durham and Roxboro.
Defines down-zoning as decreasing development density, reducing permitted land uses, or creating nonconformities on non-residential land.
Applies retroactively to December 11, 2024.
Restores any adopted ordinances affected by Section 3K.1 of S.L. 2024-57 to the status they had on or before December 11, 2024.

Frequently Asked Questions

Does a local government need my permission to down-zone my property under this bill?

No. The bill allows local governments in Durham and Person Counties and the Cities of Durham and Roxboro to initiate without the written consent of all property owners.

What areas are affected by this legislation?

This act applies exclusively to Durham County, Person County, the City of Durham, and the City of Roxboro.

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Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

3 actions

Mar 4, 2025House
Ref to the Com on Judiciary 3, if favorable, Housing and Development, if favorable, Rules, Calendar, and Operations of the House
Mar 4, 2025House
Passed 1st Reading
Mar 3, 2025HouseIntroduced
Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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