North Carolina 2021-2022 Session Status: Enacted 8 R cosponsors

HB 218 — Streamline Permits/Redevelopment of Property.

Last action — Signed by Gov. 10/8/2021

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 03, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

47 added · 55 removed

Plain-language change summary

The amendments to HB 218 clarify how local governments can manage minor modifications to development approvals. Specifically, they outline that developers can expand building footprints by up to 20% without needing a major modification, provided the original development agreement was completed within the last 15 years and the property's use hasn't changed. This change simplifies the approval process, potentially speeding up development projects and fostering growth in local communities. The effective date for these changes remains October 1, 2021.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 218 Committee Substitute Favorable 4/27/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 218 Short Title:
Representative Zenger.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 4, 2021 A BILL TO BE ENTITLED AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS AND TO EXEMPT CERTAIN FOOTPRINT EXPANSIONS FROM SITE PLAN MAJOR MODIFICATION REQUIREMENTS.
Judiciary 1, if favorable, Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House March 4, 2021 A BILL TO BE ENTITLED AN ACT TO CLARIFY STORMWATER RUNOFF REQUIREMENTS APPLICABLE TO PREEXISTING DEVELOPMENT IN WATER SUPPLY WATERSHEDS AND TO EXEMPT CERTAIN FOOTPRINT EXPANSIONS FROM SITE PLAN MAJOR MODIFICATION REQUIREMENTS.
"(d3) A local government implementing a water supply watershed program shall allow an applicant to exceed the allowable densityunder the applicable water supply watershed rules if all of the following circumstances apply:
"(d3) Neither the Commission nor a local government implementing a water supply watershed protection program shall apply impervious surface restrictions to the redevelopment of property when the redevelopment includes installation of a system for the collection, treatment, and discharge of stormwater runoff from both the existing and redeveloped areas of the property in a manner that complies with all applicable State and federal stormwater management requirements." SECTION 1.(b) The Commission shall adopt rules, and local governments shall amend their ordinances and local programs to implement the requirements of this act.
(1) The property was developed prior to the effective date of the local water supply watershed program.
SECTION1.(c) This sectionis effective October 1,2021,and applies to applications for permits and other approvals received on or after that date.
(2) Thepropertyhas not been combinedwith additional lotsafterJanuary1,2021.
(3) The property has not been a participant in a density averaging transaction under subsection (d2) of this section.
(4) The current use of the property is nonresidential.
(5) 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.
(6) The remaining vegetated buffers on the property are preserved in accordance with the local water supply watershed protection program requirements." SECTION 1.(b) The Commission shall adopt rules, and local governments shall amend their ordinances and local programs, to implement the requirements of this act.
SECTION 1.(c) This section becomes effective October 1, 2021, and applies to applications for permits and other approvals received on or after that date.
Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent *H218-v-2* General Assembly Of North Carolina Session 2021 of the landowner.
Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner.
A local government may define by ordinance minor modifications to development approvals that can be exempted or administratively approved.
A local government may define by ordinance *H218-v-1* General Assembly Of North Carolina Session 2021 minor modifications to development approvals that can be exempted or administratively approved.
A developer expanding the footprint of buildings approved in the original development agreement by up to twenty percent (20%) shall not constitute a site plan modification if the agreement has been completed within the last 15 years and there has been no change in the permitted use of the property.
A developer expanding the footprint of buildings approved in the original development agreement by up to twenty percent (20%) shall not constitute a major modification if the agreement has been completed within the last 15 years and there has been no change in the permitted use of the property.
SECTION 2.(c) This section becomes effective October 1, 2021, and applies to applications for permits and other approvals received by local governments on or after that date.
SECTION2.(c) This sectionis effective October 1,2021,and applies to applications for permits and other approvals received by local governments on or after that date.
SECTION 3.
SECTION 3 Except as otherwise provided, this act is effective when it becomes law.
Except as otherwise provided, this act is effective when it becomes law.
Page 2 House Bill 218-First Edition
Page 2 House Bill 218-Second Edition
View plain text versions (7)

Action History

  1. Signed by Gov. 10/8/2021

  2. Ch. SL 2021-164

  3. Pres. To Gov. 9/28/2021

  4. Ratified

  5. Concurred In S Amend SA1

  6. Concurred In S Amend SA2

  7. Ordered Enrolled

  8. Amend Adopted A2

  9. Passed 3rd Reading

  10. Special Message Sent To House

  11. Special Message Received For Concurrence in S Amend

  12. Cal Pursuant 36(b)

  13. Placed On Cal For 09/23/2021

  14. Reptd Fav

  15. Amend Adopted A1

  16. Passed 2nd Reading

  17. Passed 3rd Reading

  18. Reconsidered 3rd Reading

  19. Withdrawn From Cal

  20. Re-ref Com On Rules and Operations of the Senate

  21. Reptd Fav

  22. Withdrawn From Cal

  23. Re-ref Com On Rules and Operations of the Senate

  24. Reptd Fav

  25. Reptd Fav

  26. Re-ref Com On Rules and Operations of the Senate

  27. Reptd Fav

  28. Re-ref Com On Commerce and Insurance

  29. Withdrawn From Com

  30. Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

  31. Regular Message Sent To Senate

  32. Regular Message Received From House

  33. Passed 1st Reading

  34. Ref To Com On Rules and Operations of the Senate

  35. Passed 2nd Reading

  36. Passed 3rd Reading

  37. Reptd Fav

  38. Re-ref Com On Rules, Calendar, and Operations of the House

  39. Reptd Fav

  40. Cal Pursuant Rule 36(b)

  41. Placed On Cal For 05/10/2021

  42. Reptd Fav Com Substitute

  43. Re-ref Com On Local Government - Land Use, Planning and Development

  44. Passed 1st Reading

  45. Ref to the Com on Judiciary 1, if favorable, Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House

  46. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 9 co-sponsors · 170 not signed on · 29 voted No

Sponsors (0)

None.

Co-sponsors (9)

Not signed on (170)

170 members have not signed on to this bill.

Show all 170 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur Sen. Amd. 1 & 2

Passed 60 Yea · 39 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 1419011
Democratic 41904
Republican 42005
U 0101
Total 6039021
% of votes cast 50%33%0%18%
How each member voted (120)
Member Party Vote
Clemmons — Yea
Boles — Yea
Bradford — Yea
Cleveland — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
Mills — Yea
Moore — Yea
Saine — Yea
Zachary — Yea
Autry — Nay
Cooper-Suggs — Nay
Farkas — Nay
Fisher — Nay
Garrison — Nay
Gill — Nay
Graham — Nay
Harris — Nay
Hunt — Nay
Hunter — Nay
Hurtado — Nay
Insko — Nay
Lucas — Nay
Martin — Nay
Richardson — Nay
Terry — Nay
vonHaefen — Nay
Wray — Nay
Gailliard — Not Voting
Bumgardner — Not Voting
Davis — Not Voting
Elmore — Not Voting
McElraft — Not Voting
McNeill — Not Voting
Rogers — Not Voting
Sasser — Not Voting
Szoka — Not Voting
Yarborough — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Not Voting
R. Smith — Nay
Abe Jones Democratic Yea
Allison A. Dahle Democratic Nay
Amber M. Baker Democratic Nay
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Not Voting
Brandon Lofton Democratic Nay
Brian Turner Democratic Not Voting
Carolyn G. Logan Democratic Nay
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Gale Adcock Democratic Not Voting
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
James Roberson Democratic Nay
Joe John Democratic Yea
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Nay
Shelly Willingham Democratic Yea
Terence Everitt Democratic Nay
Terry M. Brown Jr. Democratic Nay
Vernetta Alston Democratic Nay
Zack Hawkins Democratic Nay
A. Reece Pyrtle, Jr. Republican Yea
Ben T. Moss, Jr. Republican Not Voting
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Not Voting
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Not Voting
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Not Voting
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Nay

Official roll call →

Third Reading

Passed 28 Yea · 12 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 9504
Democratic 1705
Republican 18001
Total 2812010
% of votes cast 56%24%0%20%
How each member voted (50)
Member Party Vote
deViere — Yea
Ballard — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Steinburg — Yea
Fitch — Nay
Foushee — Nay
Marcus — Nay
Nickel — Nay
Bazemore — Not Voting
Woodard — Not Voting
Edwards — Not Voting
Proctor — Not Voting
D. Davis — Yea
J. Jackson — Nay
P. Newton — Yea
Dan Blue Democratic Not Voting
DeAndrea Salvador Democratic Not Voting
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Not Voting
Joyce Waddell Democratic Nay
Julie Mayfield Democratic Not Voting
Michael Garrett Democratic Nay
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Nay
Sydney Batch Democratic Nay
Tracy Clark Democratic Not Voting
Amy S. Galey Republican Not Voting
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Third Reading

Passed 47 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Republican 8001
Democratic 6000
Total 47003
% of votes cast 94%0%0%6%
How each member voted (50)
Member Party Vote
Apodaca — Yea
Bingham — Yea
Brock — Yea
Curtis — Yea
Foushee — Yea
Harrington — Yea
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
Smith-Ingram — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
Barefoot — Yea
Barringer — Yea
Bryant — Yea
Gunn — Yea
Hartsell — Yea
Krawiec — Yea
Meredith — Not Voting
Pate — Yea
Rabin — Yea
Rucho — Yea
Soucek — Yea
Tarte — Yea
Tillman — Not Voting
Wade — Yea
Woodard — Yea
McKissick — Yea
Randleman — Yea
Stein — Yea
Wells — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Not Voting
Carl Ford Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 48 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33101
Democratic 6000
Republican 9000
Total 48101
% of votes cast 96%2%0%2%
How each member voted (50)
Member Party Vote
Apodaca — Yea
Barefoot — Yea
Bingham — Yea
Bryant — Not Voting
Foushee — Yea
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
Smith-Ingram — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
Barringer — Yea
Brock — Yea
Curtis — Yea
Gunn — Yea
Harrington — Yea
Hartsell — Yea
Meredith — Nay
Pate — Yea
Rabin — Yea
Rucho — Yea
Tarte — Yea
Tillman — Yea
Wade — Yea
Woodard — Yea
Krawiec — Yea
McKissick — Yea
Randleman — Yea
Soucek — Yea
Stein — Yea
Wells — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 218?
HB 218 is sponsored by Jeff Zenger (Republican), Bradford, Mark Brody (Republican), Karl E. Gillespie (Republican), Timothy D. Moffitt (Republican), Steve Tyson (Republican), Sam Watford (Republican), Donna McDowell White (Republican), and Ben T. Moss, Jr. (Republican).
What is the current status of HB 218?
This bill has been enacted into law. Introduced March 03, 2021. Enacted.
Where can I track HB 218?
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