North Carolina 2021-2022 Session Status: In Committee 3 R cosponsors

HB 401 — Increase Housing Opportunities.

Last action — Passed 1st Reading

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

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

584 added · 582 removed

Plain-language change summary

The updated version of House Bill 401 includes minor changes to the wording but maintains the same intent. Specifically, it clarifies the definition of "single-family dwelling" to explicitly include middle housing types, such as triplexes and quadplexes. This matters because by officially recognizing these types of housing, the bill aims to promote more diverse residential options, helping to address housing shortages and increase affordability in North Carolina.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 401 Short Title:
401 Mar 24, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10179-MQ-32B Short Title:
Representative D.
Representatives D.
Hall.
Hall, Moffitt, Brody, and Richardson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED ANACT TOPROVIDEREFORMS TOLOCALGOVERNMENTZONINGAUTHORITYTO INCREASE HOUSING OPPORTUNITIES AND TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE ZONING STATUTES.
State Government, if favorable, Local Government - Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House March 25, 2021 A BILL TO BE ENTITLED ANACT TOPROVIDEREFORMS TOLOCALGOVERNMENT ZONINGAUTHORITYTO INCREASE HOUSING OPPORTUNITIES AND TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE ZONING STATUTES.
Nothing in this section affects the validity or enforceability of private covenants or other contractual agreements among propertyownersrelating to dwelling type restrictions.
Nothing in this section affects the validity or enforceability of private covenants or other contractual agreements amongpropertyownersrelatingto dwellingtype restrictions.
Any regulation adopted pursuant to this section shall not apply to anareadesignated as alocal historicdistrict (i) pursuant to Part 4 of Article 9 of this Chapter or (ii) on the National Register of Historic Places.
Anyregulationadopted pursuant to this section shall not applyto anareadesignated as alocal historicdistrict (i) pursuant to Part 4 of Article 9 of this Chapter or (ii) on the National Register of Historic Places.
(4) A wastewater collection or treatment works, the operation of which is primarily to collect or treat municipal or domestic wastewater and for which *DRH10179-MQ-32B* General Assembly Of North Carolina Session 2021 a permit is issued under Part 1 of Article 21 of Chapter 143 of the General Statutes." SECTION 1.1.(b) G.S.
*H401-v-1* General Assembly Of North Carolina Session 2021 (4) A wastewater collection or treatment works, the operation of which is primarily to collect or treat municipal or domestic wastewater and for which a permit is issued under Part 1 of Article 21 of Chapter 143 of the General Statutes." SECTION 1.1.(b) G.S.
The North Carolina Building Code Council (Council) shall adopt amendments to the North Carolina Residential Code for One- and Two-Family Dwellings (Code) to define and include regulation of triplex dwelling units and quadplex dwelling units in order to facilitate regulation of those units in areas zoned for residential use, including those that allow for the development of detached single-family dwellings.
The North Carolina Building Code Council (Council) shall adopt amendments to the North Carolina Residential Code for One- and Two-FamilyDwellings (Code) to define and include regulation of triplex dwelling units and quadplex dwelling units in order to facilitate regulation of those units in areas zoned for residential use, including those that allow for the development of detached single-familydwellings.
(1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(1) Lodging provided byhotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
Page 2 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 (2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
Page 2 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 (4) Rentals for which no more than nominal consideration is given.
(4) Rentals for which no more than nominal consideration is given.
– A development permit application that substantially complies with the provision of information required by ordinance or regulation shall be sufficient to accept and process a request for a local or State development permit.
– A development permit application that substantially complies with the provision of information required byordinance or regulation shall be sufficient to accept and process a request for a local or State development permit.
Theestablishment ofavestedright underanysubdivisionofthis subsectiondoes not preclude vesting under one or more other subdivisions of this subsection or vesting by application of common law principles.
Theestablishment ofavestedright underanysubdivisionofthis subsectiondoes not preclude vesting under one or more other subdivisions of this subsection or vesting by application of House Bill 401-First Edition Page 3 General Assembly Of North Carolina Session 2021 common law principles.
A vested right, once established as provided for in this section or by common law, precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the DRH10179-MQ-32B Page 3 General Assembly Of North Carolina Session 2021 applicable land development regulation or regulations, except where a change in State or federal law mandating local government enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.
A vested right, once established as provided for in this section or by common law, precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in State or federal law mandating local government enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.
Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.
Unless otherwise specified bythis section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.
160D-405, a person claiming a vested right may bring an original civil action as provided by G.S.
160D-405, a Page 4 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 person claiming a vested right may bring an original civil action as provided by G.S.
136-131.1 and Page 4 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 G.S.
136-131.1 and G.S.
Where appropriate, a zoning regulation may include requirements that street and utility rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S.
Where appropriate, a zoning regulation mayinclude requirements that street and utility rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S.
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, nor may any such regulations be applied indirectly as part of a review pursuant to G.S.
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any zoning district or conditional district unless voluntarily consented to by the owners of all the House Bill 401-First Edition Page 5 General Assembly Of North Carolina Session 2021 property to which those regulations may be applied as part of and in the course of the process of seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval, nor mayanysuch regulations be applied indirectlyas part of a review pursuant to G.S.
160D-604 DRH10179-MQ-32B Page 5 General Assembly Of North Carolina Session 2021 or G.S.
160D-604 or G.S.
(1) Conventionaldistricts,inwhichavariety ofusesareallowedaspermitteduses or uses by right and that may also include uses permitted only with a special use permit.
(1) Conventionaldistricts,inwhichavarietyofusesareallowedaspermitteduses or uses by right and that may also include uses permitted only with a special use permit.
Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations.
Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be Page 6 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 incorporated into the zoning regulations.
Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, a local government may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise Page 6 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S.
Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, a local government may not require, enforce, or incorporate into the zoning regulations anycondition or requirement not authorized byotherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S.
If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels mayapply formodificationoftheconditions so longas themodificationwould not result in other properties failing to meet the terms of the conditions.
If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels mayapplyformodificationoftheconditions so longas themodificationwould not result in other properties failing to meet the terms of the conditions.
(5) Residential." SECTION 2.5.
House Bill 401-First Edition Page 7 General Assembly Of North Carolina Session 2021 (5) Residential." SECTION 2.5.
DRH10179-MQ-32B Page 7 General Assembly Of North Carolina Session 2021 (a) When regulations made under authority of this Article require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards unoccupied than are required in any other statute or local ordinance or regulation, the regulations made under authority of this Article govern.
(a) When regulations made under authority of this Article require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards unoccupied than are required in anyother statute or local ordinance or regulation, the regulations made under authority of this Article govern.
When the provisions of any other statute or local ordinance or regulation requireagreaterwidth orsizeofyardsorcourts,orrequire alowerheight ofabuilding or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards unoccupied than are required by the regulations made under authority of this Article, the provisions of that statute or local ordinance or regulation govern.
When the provisions of any other statute or local ordinance or regulation requirea greaterwidth orsizeof yardsorcourts,orrequire alowerheight ofabuilding or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards unoccupied than are required by the regulations made under authority of this Article, the provisions of that statute or local ordinance or regulation govern.
(c) Exceptas providedinsubsection(a)ofthissection,alocalgovernmentshall notadopt or enforce development regulations that alter the principle that ambiguities in land development regulations are to be construed in favor of the free use of land, including any development regulations that assert that a more restrictive rule or regulation is controlling.
(c) Exceptasprovidedinsubsection(a)ofthissection,alocal governmentshall notadopt or enforce development regulations that alter the principle that ambiguities in land development regulations are to be construed in favor of the free use of land, including any development regulations that assert that a more restrictive rule or regulation is controlling.
– This section applies to appeals of quasi-judicial decisions of decision-making boards when that appeal is in the nature of certiorari as required by this Chapter.
– This section applies to appeals of quasi-judicial decisions of decision-making boards when that appeal is in the nature of certiorari as required bythis Chapter.
An ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.
An ownership interest in the propertythat is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed.
An option or contract to purchase the property that is the subject of the decision being appealed.
An option or contract to purchase the propertythat is the subject of the decision being appealed.
(2) Any other person who will suffer special damages as the result of the decision being appealed.
Page 8 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 (2) Any other person who will suffer special damages as the result of the decision being appealed.
Page 8 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 (3) An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.
(3) An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.
– The respondent may, but need not, file a response to the petition, except that, iftherespondent contendsfor thefirst timethat any petitionerlacks standing to bring the appeal, that contention must be set forth in a response served on all petitioners at least 30 days prior to the hearing on the petition.
– The respondent may, but need not, file a response to the petition, except that, iftherespondent contendsfor thefirst timethatanypetitionerlacks standing to bring the appeal, that contention must be set forth in a response served on all petitioners at least 30 days prior to the hearing on the petition.
(2) Any person, other than one described in subdivision (1) of subsection (c) of this section, who seeks to intervene as a petitioner must demonstrate that the DRH10179-MQ-32B Page 9 General Assembly Of North Carolina Session 2021 person would have had standing to challenge the decision being appealed in accordance with subdivisions (2) through (4) of subsection (c) of this section.
House Bill 401-First Edition Page 9 General Assembly Of North Carolina Session 2021 (2) Any person, other than one described in subdivision (1) of subsection (c) of this section, who seeks to intervene as a petitioner must demonstrate that the person would have had standing to challenge the decision being appealed in accordance with subdivisions (2) through (4) of subsection (c) of this section.
In excess of the statutory authority conferred upon the local government, including preemption, ortheauthorityconferreduponthe decision-making board by ordinance.
In excess of the statutory authority conferred upon the local government, includingpreemption, ortheauthorityconferreduponthe decision-making board by ordinance.
d.
Page 10 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 d.
Page 10 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 e.
e.
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(2) If the court concludes that the decision-making board has erred by failing to make findings of fact such that the court cannot properly perform its function, then the court may remand the case with appropriate instructions so long as the record contains substantial competent evidence that could support the decision below with appropriate findings of fact.
(2) If the court concludes that the decision-making board has erred by failing to make findings of fact such that the court cannot properly perform its function, then the court may remand the case with appropriate instructions so long as the record contains substantial competent evidence that could support the House Bill 401-First Edition Page 11 General Assembly Of North Carolina Session 2021 decision below with appropriate findings of fact.
However, findings of fact DRH10179-MQ-32B Page 11 General Assembly Of North Carolina Session 2021 are not necessary when the record sufficiently reveals the basis for the decision below or when the material facts are undisputed and the case presents only an issue of law.
However, findings of fact are not necessary when the record sufficiently reveals the basis for the decision below or when the material facts are undisputed and the case presents only an issue of law.
If the court concludes that a permit was wrongfully denied because the denial was not based on competent, material, and substantial evidence or was otherwise based on an error of law, the court shall remand with instructions that the permit be issued, subject to any conditions expressly consented to by the permit applicant as part of the application or during the board of adjustment appeal or writ of certiorari appeal.
If the court concludes that a permit was wrongfullydenied because the denial was not based on competent, material, and substantial evidence or was otherwise based on an error of law, the court shall remand with instructions that the permit be issued, subject to any conditions expressly consented to by the permit applicant as part of the application or during the board of adjustment appeal or writ of certiorari appeal.
– (1) Ifadevelopment approval is appealed,appealedonthebasis ofausenot being permitted by a development regulation, the applicant shall have the right to commence work while the appeal is pending.
– (1) If adevelopment approval is appealed,appealedonthebasis ofausenot being permitted by a development regulation, the applicant shall have the right to commence work while the appeal is pending.
However, if the development approval is reversed by a final decision of any court of competent jurisdiction, jurisdiction determines that the use is not allowed, the applicant shall not be deemed to have gained any vested rights on the basis of actions taken prior to or during the pendency of the appeal and must proceed as if no development approval had been granted.
However, if the development approval is reversed bya final decision of anycourt of competent jurisdiction, jurisdiction determines that the use is not allowed, the applicant shall not be deemed to have gained any vested rights on the basis of actions taken prior to or during the pendency of the appeal and must proceed as if no development approval had been granted.
Page 12 DRH10179-MQ-32B General Assembly Of North Carolina Session 2021 (m) Joinder.–AdeclaratoryjudgmentbroughtunderG.S.
Page 12 House Bill 401-First Edition General Assembly Of North Carolina Session 2021 (m) Joinder.–AdeclaratoryjudgmentbroughtunderG.S.
DRH10179-MQ-32B Page 13
House Bill 401-First Edition Page 13
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Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 2 co-sponsors · 174 not signed on

Sponsors (3)

Co-sponsors (2)

  • Richardson
  • Wray

Not signed on (174)

174 members have not signed on to this bill.

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"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

Subjects

housing
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Frequently asked questions

Who sponsors HB 401?
HB 401 is sponsored by Destin Hall (Republican), Timothy D. Moffitt (Republican), Mark Brody (Republican), Richardson, and Wray.
What is the current status of HB 401?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 401?
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