HB 369 (Edition 1)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H 1

HOUSE BILL 369

Short Title: Parking Lot Reform and Modernization Act.		(Public)
Sponsors:	Representatives Loftis, Brody, Penny, and Dahle (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Transportation, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House

March 12, 2025

A BILL TO BE ENTITLED

AN ACT to restrict local governments from requiring a minimum number or size of OFF‑STREET parking spaces, to ban the future purchase and importation for use of pavement sealants containing high LEVELS OF polycyclic aromatic hydrocarbons, and to clarify the limits of local ordinances regarding stormwater requirements for redevelopment sites.

The General Assembly of North Carolina enacts:

PART I. prohibiting certain zoning and development limitations related to motor vehicle parking

SECTION 1.(a) G.S. 160D‑702 reads as rewritten:

"§ 160D‑702. Grant of power.

…

(1) Set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code.

(2) Require ~~a parking space~~ off‑street vehicular parking to meet any of the following criteria:

a. ~~be larger than 9 feet wide by 20 feet long~~ Have a minimum width or length, unless the parking space is designated for handicap, parallel, or diagonal parking.

b. Require a minimum number of parking spaces per development or structure, regardless of occupancy or use.

(3) Require additional fire apparatus access roads into developments of one‑ or two‑family dwellings that are not in compliance with the required number of fire apparatus access roads into developments of one‑ or two‑family dwellings set forth in the Fire Code of the North Carolina Residential Code for One‑ and Two‑Family Dwellings."

SECTION 1.(b) This section becomes effective July 1, 2025.

Part II. BANning THE FUTURE PURCHASE AND IMPORTATION FOR USE OF PAVEMENT SEALANTS CONTAINING HIGH levels of POLYCYCLIC AROMATIC HYDROCARBONS

SECTION 2.(a) Article 21A of Chapter 143 of the General Statutes is amended by adding a new section to read:

"§ 143‑215.77B. Limitations on products containing polycyclic aromatic hydrocarbons.

(a) The following definitions apply in this Article:

(1) High PAH sealant product. – A product, material, or substance that contains greater than one‑tenth of one percent (0.1%) (1000 ppm) PAH by weight and is intended for use on an asphalt or concrete surface. High PAH pavement product may contain coal tar, coal tar pitch volatiles, RT‑12, refined tar, steam‑cracked petroleum residues, heavy pyrolysis oil, steam‑cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the chemical abstracts service (CAS) numbers 65996‑92‑1, 65996‑93‑2, 65996‑89‑6, 8007‑45‑2, 64742‑90‑1, or 69013‑21‑4.

(2) PAHs. – Polycyclic aromatic hydrocarbons.

(b) No person may purchase or import a high PAH sealant product for use or application in the construction or maintenance of any parking or vehicular access area."

SECTION 2.(b) This section becomes effective January 1, 2026.

PART III. CLARIFYing THE LIMITS OF LOCAL ORDINANCES REGARDING STORMWATER REQUIREMENTS ON REDEVELOPMENT SITES

SECTION 3.(a) Subdivision (1) of G.S. 143‑214.7(a1) is recodified as subdivision (1a) of that subsection.

SECTION 3.(b) G.S. 143‑214.7(a1), as amended by subsection (a) of this section, reads as rewritten:

"(a1) Definitions. – The following definitions apply in this section:

(1) Applicable local stormwater program. – A local stormwater program that is promulgated by a local government holding a National Pollution Discharge Elimination Systems Municipal Separate Storm Sewer System Permit.

(1a) Development. – Any land‑disturbing activity that increases the amount of built‑upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built‑upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater Stormwater control requirements cannot be applied retroactively to existing development, ~~unless otherwise~~ except as set forth in subsection (b3) of this section, or as required by federal law.

(2) Redevelopment. – Any land‑disturbing activity that does not result in a net increase in built‑upon area and that provides greater or equal stormwater control to that of the previous development.

(3) Small scale residential development. – Any single‑family homes as well as townhomes and multifamily residential developments with four or fewer units."

SECTION 3.(c) G.S. 143‑214.7(b3) reads as rewritten:

"(b3) Stormwater runoff rules and programs shall not require private property owners to install new or increased stormwater controls for ~~(i) preexisting development or (ii) redevelopment activities that do not remove or decrease existing stormwater controls.~~ preexisting development. Local stormwater programs may not require owners undertaking the redevelopment of a property to install new stormwater controls for preexisting built‑upon area if the redevelopment site is a small scale residential development. When a preexisting development that is not a small scale residential development is redeveloped, either in whole or in part, increased stormwater controls shall only be required for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment, irrespective of whether the impervious surface that existed before the redevelopment is to be demolished or relocated during the development activity. A applicable local stormwater programs may implement mandatory stormwater capture ordinances that require owners undertaking the redevelopment of a property to install new stormwater controls for preexisting built‑upon area to capture up to fifty percent (50%) of the final stormwater runoff calculation for the entire property. In addition to mandatory stormwater capture ordinances, applicable local stormwater programs may implement incentive stormwater capture ordinances that waive building, zoning, connection, or other fees, provide additional tax and financial benefits, or institute other incentives for redevelopments that capture additional stormwater over the local stormwater programs' mandatory percentages. Applicable local stormwater programs may elect to forego mandating stormwater capture controls and provide incentives to capture up to one hundred percent (100%) of the final stormwater runoff calculation for the entire property. In addition, a property owner may elect to treat the stormwater resulting from the net increase in built‑upon area above the preexisting development for the purpose of exceeding allowable density under the applicable water supply watershed rules as provided in G.S. 143‑214.5(d3). This subsection applies to all local governments regardless of the source of their regulatory authority. Local governments shall include the requirements of this subsection in their stormwater ordinances."

SECTION 3.(d) This section is effective when it becomes law and applies to stormwater rules and stormwater program amendments adopted on or after that date.

PART IV. Effective date

SECTION 4. Except as otherwise provided, this act is effective when it becomes law.