Dare County Mayors Oppose SB 205, Citing Risks to Local Planning

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Mathew Abraham

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Mathew Abraham

Mathew Abraham, editor of Century Homes America, brings his passion for architectural history to explore the stories behind America’s most iconic homes.

are County Mayors Oppose SB 205, Citing Risks to Local Planning
Dare County

Mayors from Dare County’s six municipalities have again voiced firm opposition to proposed state legislation they say would erode local planning authority and threaten the character of the Outer Banks. In a letter sent to lawmakers on June 18, the local leaders expressed concerns over Senate Bill 205, warning it could harm tourism and complicate growth management efforts.

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Bill Sparked Protest

Earlier Bill Sparked Protest
MRSC empowering Local Government

The controversy traces back to April when the mayors addressed House Bill 765, a proposal that sought to limit local governments’ ability to set their own planning and zoning rules. In an earlier letter, the mayors argued the bill would “remove local decision-making authority and create one size fits all solutions that would change the fundamental character of the Outer Banks with corresponding negative effects on our tourism economy [and] introduce significant challenges to managing the impacts of growth and tourism.”

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New Bill Raises Familiar Issues

New Bill Raises Familiar Issues
NC Health News

Though House Bill 765 was scrapped, many of its provisions resurfaced in Senate Bill 205. The mayors’ June 18 letter acknowledges some improvements but maintains, “there are provisions in this new bill that we believe are problematic.”

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Parking And Lot Size Concerns

Parking And Lot Size Concerns
Malcolm Hill/Pexels

Among their chief objections, local officials object to losing the power to enforce minimum parking requirements and dimensions. “We have a considerable number of large vacation rental homes in our communities. Additionally, we are a drive-to destination, and each of these homes must have sufficient space to accommodate vehicles on the property,” the letter states. They also oppose a provision restricting local authority to what state law regulates, with the exception of flood controls, noting, “Many Outer Banks communities have stormwater management regulations, which have worked well for years. In some cases, our rules require a greater level of stormwater retention than the State.”

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Worries Over Permit Timelines

Worries Over Permit Timelines
Dare County Government/Facebook

Another sticking point is the proposed uniform permit review deadlines. The mayors argue that these rigid schedules fail to consider local circumstances. “If a uniform timeline is to be developed, we believe there needs to be more local input on this. Every community has different resources and circumstances related to the level of development occurring,” they wrote.

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Push For Smaller Lots Rejected

Push For Smaller Lots Rejected
Mercatus Center

The bill would also regulate development density using units per acre rather than minimum lot sizes, a move the towns oppose. “We would like to retain the ability to establish minimum lot sizes in residential zoning districts,” the mayors noted, warning that smaller lots could lead to concentrated development unsuitable for their communities.

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Supporters See Housing Gains

Supporters See Housing Gains
Zülfü Demir/Pexels

Proponents of SB 205 argue the measure would help ease North Carolina’s housing affordability crisis. In a June 13 statement, NC Realtors called the bill “the most meaningful step we can take to increase housing supply and affordability across our state…SB 205 reaffirms local authority while ensuring that outdated and unnecessary roadblocks no longer stand in the way of housing solutions.”

The NC Chamber echoed that stance, stating, “Middle-class housing is essential to supporting our communities, strengthening infrastructure, and creating an environment where both workers and businesses can thrive. The policies in the revised Senate Bill 205 are a critical step forward in realizing economic opportunity across North Carolina.”

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Municipal League Stands Firm

Municipal League Stands Firm
North Carolina League of Municipalities

Joining Dare County’s opposition is the North Carolina League of Municipalities (NCLM). In its June 13 Legislative Bulletin, the organization reiterated its criticism: “Despite these procedural changes [from HB 765], the core concern remains unchanged: SB 205 would severely weaken local land-use planning authority and provide homebuilders and developers new legal tools to sue local governments. Nothing in the bill would create more affordable housing, nor would the bill’s provisions make housing more affordable.”

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