North Carolina 2025 Session Status: In Committee 2 R cosponsors

SB 688 — Local Government Land Use Reform.

Last action — Passed 1st Reading

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

This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 18% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

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

30 added · 31 removed

Plain-language change summary

The amendments to Senate Bill 688 clarify regulations regarding local government planning and development. Specifically, it emphasizes that certain development regulations and requirements can't be imposed unless explicitly allowed by law. This is important because it helps ensure that local governments can't introduce arbitrary or unnecessary conditions that could complicate or delay development projects. Additionally, the bill now holds local officials accountable if they act unlawfully or outside their authority, promoting fairer practices in zoning and land use decisions.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 25, 2025 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 688 Short Title:
688 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45298-TQ-20 Short Title:
A BILL TO BE ENTITLED AN ACT TO AMEND LOCAL GOVERNMENT PLANNING AND DEVELOPMENT LAWS.
Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO AMEND LOCALGOVERNMENT PLANNING AND DEVELOPMENT LAWS.
(a) Theprovisions ofthis Articleshall apply to all development regulations and programs adopted pursuant to this Chapter or applicable or related local acts.
(a) Theprovisions ofthis Articleshall applyto all development regulations and programs adopted pursuant to this Chapter or applicable or related local acts.
A zoning regulation shall provide density credits or severable *DRS45298-TQ-20* General Assembly Of North Carolina Session 2025 development rights for dedicated rights-of-way pursuant to G.S.
A zoning regulation shall provide density credits or severable *S688-v-1* General Assembly Of North Carolina Session 2025 development rights for dedicated rights-of-way pursuant to G.S.
RegulationsExceptasexpresslyprovidedinG.S.
RegulationsExceptasexpresslyprovidedin G.S.
160D-703(b),regulations prohibitedbythis 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,district nor may any suchthe regulations be applied indirectly as partof areview pursuant to G.S.
160D-703(b),regulations prohibitedbythis 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,district nor may any suchthe regulations be applied indirectlyas partof areview pursuant to G.S.
160D-604or G.S.
160D-604orG.S.
160D-605 of any proposed zoning amendment for consistency with an adopted comprehensive plan or other applicable officially adopted plan.
160D-605 of anyproposed zoning amendment for consistencywith an adopted comprehensive plan or other applicable officially adopted plan.
(2) Require a parking space to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking.Set parking or parking space requirements or allocations except as required by the Americans with Disabilities Act.
(2) Require a parking space to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking.Set parking or parking space requirements or allocations except as required bythe Americans with Disabilities Act.
(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.
(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-familydwellings set forth in the Fire Code of the North Carolina Residential Code for One- and Two-Family Dwellings.
Page 2 DRS45298-TQ-20 General Assembly Of North Carolina Session 2025 (4) Exceptasprovidedunder G.S.
Page 2 Senate Bill 688-First Edition General Assembly Of North Carolina Session 2025 (4) Exceptasprovidedunder G.S.
Any local government ordinance in effect on, or adopted subsequent to, that date that is inconsistent with this section is void and unenforceable.
Anylocal government ordinance in effect on, or adopted subsequent to, that date that is inconsistent with this section is void and unenforceable.
(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 DRS45298-TQ-20 Page 3 General Assembly Of North Carolina Session 2025 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 Senate Bill 688-First Edition Page 3 General Assembly Of North Carolina Session 2025 incorporated into the zoning regulations.
Unless consented to by the petitioner in writing,Notwithstanding any other provision of law, in the exercise of the authority granted by this section, a local government may not (i) require, enforce, or incorporate into the zoning regulations any condition orrequirementnot authorized by otherwise applicablelaw, regulations, or require as a condition of approval of any site plan, development agreement, conditional zoning permit, or any other instrument any condition, requirement, or deed restriction not specifically authorized by law, or any condition or requirement that the courts have held to be unenforceable if imposed directly by the local government, or (ii) accept any offer by the petitioner to consent to any condition not specifically authorized by law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S.
Unless consented to by the petitioner in writing,Notwithstanding any other provision of law, in the exercise of the authority granted by this section, a local government may not (i) require, enforce, or incorporate into the zoning regulations anycondition orrequirementnot authorized byotherwise applicablelaw, regulations, or require as a condition of approval of anysite plan, development agreement, conditional zoning permit, or any other instrument any condition, requirement, or deed restriction not specifically authorized by law, or any condition or requirement that the courts have held to be unenforceable if imposed directly by the local government, or (ii) accept any offer by the petitioner to consent to any condition not specifically authorized by 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 ownersofindividualparcels mayapply for modification ofthe conditions so long as the modification would 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 ownersofindividualparcels mayapplyfor modification ofthe conditions so long as the modification would not result in other properties failing to meet the terms of the conditions.
143-755, or that its Page 4 DRS45298-TQ-20 General Assembly Of North Carolina Session 2025 action was arbitrary and capricious, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the local government's failure to comply with any of those provisions.
143-755, or that its Page 4 Senate Bill 688-First Edition General Assembly Of North Carolina Session 2025 action was arbitrary and capricious, the court shall award reasonable attorneys' fees and costs to the partywho successfully challenged the local government's failure to complywith any of those provisions.
(b) In any action in which any county commissioner, alderman, councilman, or other local elected official is a party, upon a finding by the court that the commissioner, alderman, councilman, or other local elected official's individual act was fraudulent, unlawful, arbitrary and capricious, beyond the scope of his or her statutory authority, or malicious or corrupt, may be held personally liable for an injury or damage resulting from the act and reasonable attorneys' fees shall be awarded by the court to a party who successfully challenged the act of the commissioner, alderman, councilman, or other local elected official.
(b) In any action in which any county commissioner, alderman, councilman, or other local elected official is a party, upon a finding by the court that the commissioner, alderman, councilman, or other local elected official's individual act was fraudulent, unlawful, arbitraryand capricious, beyond the scope of his or her statutory authority, or malicious or corrupt, may be held personally liable for an injury or damage resulting from the act and reasonable attorneys' fees shall be awarded by the court to a party who successfully challenged the act of the commissioner, alderman, councilman, or other local elected official.
DRS45298-TQ-20 Page 5 General Assembly Of North Carolina Session 2025 (3) The ordinance, either on its face or as applied, constitutes a taking of property.
Senate Bill 688-First Edition Page 5 General Assembly Of North Carolina Session 2025 (3) The ordinance, either on its face or as applied, constitutes a taking of property.
160D-703, or both, is ultra vires, preempted, in excess of its statutory authority or jurisdiction,made upon unlawful procedure, made in error of law, arbitrary and capricious, or an abuse of discretion.
160D-703, or both, is ultra vires, preempted, in excess of its statutory authorityor jurisdiction, made upon unlawful procedure, made in error of law, arbitrary and capricious, or an abuse of discretion.
If the decision being challenged is from an administrative official charged with enforcement of a local land development regulation, the party with standing must first bring any claim that the ordinance was erroneously interpreted to the applicable board of adjustment pursuant to G.S.
If the decision being challenged is from an administrative official charged with enforcement of a local land development regulation, the partywith standing must first bring anyclaim that the ordinance was erroneously interpreted to the applicable board of adjustment pursuant to G.S.
An adverse ruling from the board of adjustment may then be challenged in an action brought pursuant to this subsection with thecourt hearing the matter de novo together with any of the claims listed in this subsection.
An adverse ruling from the board of adjustment may then be challenged in an action brought pursuant to this subsection with thecourt hearingthe matter de novo together with any of the claims listed in this subsection.
In addition to any other remedy otherwise provided by law, any person injured by a violation ofthis Chaptermaybringacivil action andrecover damages, costs, and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court." SECTION 9.
In addition to any other remedyotherwise provided by law, anyperson injured by a violation ofthis Chaptermaybringacivil action andrecover damages, costs, and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court." SECTION 9.
Page 6 DRS45298-TQ-20
Page 6 Senate Bill 688-First Edition
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Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"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
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 688?
SB 688 is sponsored by Timothy D. Moffitt (Republican) and Steve Jarvis (Republican).
What is the current status of SB 688?
This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.
Where can I track SB 688?
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