GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 807
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Short Title: Restore Down-Zoning Auth./Woodfin. |
(Local) |
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Sponsors: |
Senator Mayfield (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate |
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April 22, 2026
A BILL TO BE ENTITLED
AN ACT TO RESTORE THE AUTHORITY TO INITIATE DOWN‑ZONING IN THE TOWN OF WOODFIN.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160D‑601(d) reads as rewritten:
"(d) Down‑Zoning. – No amendment to zoning
regulations or a zoning map that down‑zones property shall be initiated,
enacted, or enforced initiated nor is it enforceable without the
written consent of all property owners whose property is the subject of the
down‑zoning amendment. amendment unless the down‑zoning amendment
is initiated by the local government. For purposes of this section,
"down‑zoning" means a zoning ordinance that affects an area of
land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(3) By creating any type
of nonconformity on land not in a residential zoning district, including a
nonconforming use, nonconforming lot, nonconforming structure, nonconforming
improvement, or nonconforming site element."
SECTION 2.(a) This act applies only to the Town of Woodfin.
SECTION 2.(b) This act is effective when it becomes law and applies retroactively to December 11, 2024. Any adopted ordinance affected by Section 3K.1 of S.L. 2024‑57 shall be in effect as it was on or before December 11, 2024.