H 369

GENERAL ASSEMBLY OF NORTH CAROLINA
  SESSION 2025
 H  5
  HOUSE BILL 369
  Committee Substitute Favorable 5/6/25
  Committee Substitute #2 Favorable 6/10/25
  Senate State and Local Government Committee Substitute Adopted 5/19/26
  Senate Agriculture, Energy, and Environment Committee Substitute Adopted 6/10/26
 Short Title:   Parking Lot Reform/Stormwater Control.  (Public)
 Sponsors:
 Referred to:
  March 12, 2025
1A BILL TO BE ENTITLED
2 AN ACT TO RESTRICT LOCAL GOVERNMENTS FROM REGULATING CERTAIN
3    ASPECTS OF OFF-STREET PARKING SPACES AND TO MODIFY THE AUTHORITY
4    OF CERTAIN LOCAL GOVERNMENTS TO REQUIRE STORMWATER CONTROL
5    FOR REDEVELOPED PROPERTY.
6 The General Assembly of North Carolina enacts:
7
8 PART I. PROHIBITING CERTAIN ZONING AND DEVELOPMENT LIMITATIONS
9 RELATED TO OFF-STREET PARKING
10SECTION 1.(a) G.S. 160D-702 reads as rewritten:
11 "§ 160D-702. Grant of power.
12     …
13     (c)   A zoning or other development regulation shall not do any of the following:
14(1)    Set a minimum square footage of any structures subject to regulation under
15the North Carolina Residential Code.
16(2)    Require a an off-street parking space to be larger than 9 feet wide by 20 feet
17long unless the parking space is designated for handicap, parallel, or diagonal
18parking.
19(2a) Require an off-street parking lot to meet a minimum number of parking spaces
20per development or structure, regardless of occupancy or use. The limitations
21of this subdivision shall not, however, apply to any of the following:
22a.       Properties located within the boundaries of a National Register
23Historic District or a local historic district; and shall not apply to
24properties that are either (i) individually listed in the National Register
25of Historic Places or (ii) individually designated as a local historic
26landmark.
27b.       Properties located within a district on the Study List for the National
28Register of Historic Places as maintained by the North Carolina State
29Historic Preservation Office or a national or State historic landmark.
30c.       Local governments located in the coastal area, as those terms are
31defined under G.S. 113A-103.
32(3)    Require additional fire apparatus access roads into developments of one- or
33two-family dwellings that are not in compliance with the required number of
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 General Assembly Of North Carolina  Session 2025
1fire apparatus access roads into developments of one- or two-family dwellings
2set forth in the Fire Code of the North Carolina Residential Code for One- and
3Two-Family Dwellings.
4(4)     Establish or require pavement design standards for public roads or private
5roads that are more stringent than the minimum pavement design standards
6adopted by the Department of Transportation.
7     …."
8SECTION 1.(b) There is appropriated from the General Fund to the Department of
9 Commerce the sum of five thousand dollars ($5,000) in nonrecurring funds for the 2026-2027
10 fiscal year to assist in educating property owners on the financial opportunities that relate to
11 adjusting the number of parking spaces within their parking lots to better align with actual, and
12 anticipated, usage and thereby saving possible unneeded expenditures.
13SECTION 1.(c) This section becomes effective July 1, 2026.
14
15 PART II. MODIFY THE AUTHORITY OF CERTAIN LOCAL GOVERNMENTS TO
16 REQUIRE STORMWATER CONTROL FOR REDEVELOPED PROPERTY
17SECTION 2.(a) G.S. 143-214.7 reads as rewritten:
18 "§ 143-214.7. Stormwater runoff rules and programs.
19     …
20     (a1) Definitions. – The following definitions apply in this section:
21(1)     Built-upon area. – As defined in G.S. 143-214.7D.
22(2)     Development. – Any land-disturbing activity that increases the amount of
23built-upon area or that otherwise decreases the infiltration of precipitation into
24the subsoil. When additional development occurs at a site that has existing
25development, the built-upon area of the existing development shall not be
26included in the density calculations for additional stormwater control
27requirements, and stormwater control requirements cannot be applied
28retroactively to existing development, unless otherwise required by federal
29law.
30(2)(3) Redevelopment. – Any land-disturbing activity that does not result in a net
31increase in built-upon area and that provides greater or equal stormwater
32control to that of the previous development.
33     …
34     (b3) Stormwater runoff rules and programs shall not require private property owners to
35 install new or increased stormwater controls for (i) preexisting development existing built-upon
36 area, or (ii) redevelopment activities that do not remove or decrease existing stormwater controls.
37 When a preexisting development is redeveloped, either in whole or in part, increased stormwater
38 controls shall only be required for the amount of impervious surface being created that exceeds
39 the amount of impervious surface that existed before the redevelopment, irrespective of whether
40 the impervious surface that existed before the redevelopment is to be demolished or relocated
41 during the development activity. When development or redevelopment occurs at a site that has
42 existing built-upon area, (i) the existing built-upon area shall not be included in the density
43 calculations for additional stormwater control requirements, irrespective of whether the existing
44 built-upon area is to be demolished, relocated, replaced, or remains in place during development
45 activity, (ii) the existing built-upon area at the site is not subject to additional stormwater control
46 requirements under this section, regardless of whether the existing built-upon area is demolished,
47 relocated, replaced, or remains in place during the development activity, (iii) for purposes of
48 determining the size of the area for which stormwater control measures are required for a
49 development or redevelopment, built-upon area that existed before the development or
50 redevelopment shall be applied on a square-foot-for-square-foot basis to reduce the built-upon
51 area for which stormwater control measures are required, and (iv) stormwater control
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 General Assembly Of North Carolina  Session 2025
1 requirements cannot be applied retroactively to existing built-upon area, unless otherwise
2 required by federal law. A property owner may elect to treat the stormwater resulting from the
3 net increase in built-upon area above the preexisting existing built-upon area at the development
4 or redevelopment for the purpose of exceeding allowable density under the applicable water
5 supply watershed rules as provided in G.S. 143-214.5(d3). This subsection applies to all local
6 governments regardless of the source of their regulatory authority. Local governments shall
7 include the requirements of this subsection in their stormwater ordinances.
8     …
9     (b8) A local government may offer nonmandatory incentives that waive building, zoning,
10 connection, or other regulations or fees; provide additional tax and financial benefits; or institute
11 other incentives for development or redevelopment that implements additional stormwater
12 control measures beyond those required by this section and rules adopted thereunder.
13     …."
14SECTION 2.(b) Each local government that implements a stormwater management
15 program shall amend its stormwater ordinance to conform to G.S. 143-214.7(b3), as amended by
16 subsection (a) of this section, within 12 months of the effective date of this section. Any local
17 stormwater ordinance that is inconsistent with G.S. 143-214.7(b3), as amended by subsection (a)
18 of this section, is void and unenforceable on and after that date. A local government may adopt,
19 amend, or repeal ordinance provisions implementing G.S. 143-214.7(b8) at any time after the
20 effective date of this section.
21SECTION 2.(c) This section is effective when it becomes law and applies to
22 stormwater rules and stormwater program amendments adopted on or after that date.
23
24 PART III. EFFECTIVE DATE
25SECTION 3. Except as otherwise provided, this act is effective when it becomes
26 law.
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