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GATESVILLE – Proposed legislation in the NC House of Representatives that could, among other things, allow civil lawsuits against elected officials based upon decisions regarding development is meeting opposition locally.

At their regularly scheduled meeting on May 21, the Gates County Board of Commissioners approved a resolution opposing House Bill 765.

According to information on the WUNC website, the bill contains 31 pages of rewrites to North Carolina development regulations. Those changes include:

Allowing civil lawsuits against decision-makers for damages tied to development decisions. This includes elected officials (county commissioners/city or town council) and board appointees (planning board/board of adjustment).

Barring voting on a land-use decision by officials who have “a fixed opinion… on the matter that appears not susceptible to change.”

Requiring cities of at least 125,000 allow tiny homes, and at least one accessory dwelling unit per single-family home.

Doing away with requirements to build a certain number of parking spaces per business.

Limiting local authority to control building design; require sidewalks or plant borders; or regulate developments’ interior roads and driveways.

Requiring all land-use decisions be made within 104 days of an application, or else approval is automatically granted.

Scaling back a controversial law passed last year limiting down-zoning.

Allowing the building by-right of at least four homes per acre in residential zones statewide.

Making it harder to create a historic district.

At the May 21 meeting, Gates County Planning & Development Director Lisa Cherry noted that House Bill 765 proposes to reform and modify development regulations adopted by local government entities. The purpose of these modifications is to promote development by addressing housing availability and affordability issues.

“One of the potential impacts of the legislation is restricting the ability of local government to regulate various aspects of development, including parking requirements, street standards, minimum lot size, and building design,” Cherry said. “The bill also mandates minimum densities based on county population, requiring at least four dwelling units per acre within residential zones statewide, potentially impacting zoning regulations and development patterns.”

She noted that Gates County’s current regulations allow only one main dwelling per acre.

Cherry added that the impact significantly alters zoning regulations, potentially making it more difficult for local government to control land use and development.

“This bill snuck up on us; it was shocking to learn of this proposed legislation,” Cherry said. “This bill is still alive and could be approved. That is a bit scary for us here in Gates County.”

Currently, Gates County Planning and Development follows state and county regulations regarding land use plans. It also falls under the jurisdiction of CAMA (Coastal Area Management Act, an entity under the North Carolina Department of Environmental Quality.

“I would guess that all 100 counties across the state are against this,” said Emily Truman, chair of the Gates County Board of Commissioners. “There are different levels of government for a reason. To take local authority away is an overreach.”

According to the WUNC story, supporters of House Bill 765 say the best way to lower the price of housing is to build more of it, thus overcoming North Carolina’s “housing supply gap.” Pointing to a new report, that gap, they say, is estimated to approach 765,000 units by 2029. That report was commissioned by the NC Chamber and state associations representing homebuilders and realtors.

The starkest needs identified in the report are affordable rentals for low-income earners, and homes for sale for people making 121 to 150% of median income, particularly considering an anticipated influx of new residents.