GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2026-39
HOUSE BILL 162
AN ACT to restrict local governments from regulating certain aspects of OFF‑STREET parking spaceS and to modify the authority of certain local governments to require STORMWATER control for REDEVELOPed property.
The General Assembly of North Carolina enacts:
PART I. prohibiting certain zoning and development limitations related to Off‑Street parking
SECTION 1.(a) G.S. 160D‑702 reads as rewritten:
"§ 160D‑702. Grant of power.
…
(c) A zoning or other development regulation shall not do any of the following:
(1) Set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code.
(2) Require a an off‑street
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.
(2a) Require an off‑street parking lot to meet a minimum number of parking spaces per development or structure, regardless of occupancy or use. The limitations of this subdivision shall not, however, apply to local governments located in the coastal area, as those terms are defined under G.S. 113A‑103, except with respect to the following properties located in the coastal area:
a. Within the boundaries of a National Register Historic District or a local historic district.
b. That are either (i) individually listed in the National Register of Historic Places or (ii) individually designated as a local historic landmark.
c. Individual properties on the Study List for the National Register of Historic Places as maintained by the North Carolina State Historic Preservation Office or a national or State historic landmark, or properties located within a district on the Study List for the National Register of Historic Places as maintained by the North Carolina State Historic Preservation Office or a national or State historic landmark.
(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.
(4) Establish or require pavement design standards for public roads or private roads that are more stringent than the minimum pavement design standards adopted by the Department of Transportation.
…."
SECTION 1.(b) This section becomes effective January 1, 2027.
PART II. modify the authority of certain local governments to require STORMWATER control for REDEVELOPed property
SECTION 2.(a) G.S. 143‑214.7 reads as rewritten:
"§ 143‑214.7. Stormwater runoff rules and programs.
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(a1) Definitions. – The following definitions apply in this section:
(1) Built‑upon area. – As defined in G.S. 143‑214.7D.
(2) Development. – Any land‑disturbing activity
that increases the amount of built‑upon area or that otherwise decreases
the infiltration of precipitation into the subsoil. When additional
development occurs at a site that has existing development, the built‑upon
area of the existing development shall not be included in the density
calculations for additional stormwater control requirements, and stormwater
control requirements cannot be applied retroactively to existing development,
unless otherwise required by federal law.
(2)(3) Redevelopment. –
Any land‑disturbing activity that does not result in a net increase in
built‑upon area and that provides greater or equal stormwater control to
that of the previous development.
…
(b3) Stormwater runoff rules
and programs shall not require private property owners to install new or
increased stormwater controls for (i) preexisting development existing
built‑upon area or (ii) redevelopment activities that do not remove
or decrease existing stormwater controls. When a preexisting development is
redeveloped, either in whole or in part, increased stormwater controls shall
only be required for the amount of impervious surface being created that
exceeds the amount of impervious surface that existed before the redevelopment,
irrespective of whether the impervious surface that existed before the
redevelopment is to be demolished or relocated during the development activity.
When development or redevelopment occurs at a site that has existing
built‑upon area, (i) the existing built‑upon area shall not be
included in the density calculations for additional stormwater control
requirements, irrespective of whether the existing built‑upon area is to
be demolished, relocated, replaced, or remains in place during development
activity, (ii) the existing built‑upon area at the site is not subject to
additional stormwater control requirements under this section, regardless of
whether the existing built‑upon area is demolished, relocated, replaced,
or remains in place during the development activity, (iii) for purposes of
determining the size of the area for which stormwater control measures are
required for a development or redevelopment, built‑upon area that existed
before the development or redevelopment shall be applied on a square‑foot‑for‑square‑foot
basis to reduce the built‑upon area for which stormwater control measures
are required, and (iv) stormwater control requirements cannot be applied
retroactively to existing built‑upon area, unless otherwise required by
federal law. A property owner may elect to treat the stormwater resulting
from the net increase in built‑upon area above the preexisting existing
built‑upon area at the development or redevelopment for the
purpose of exceeding allowable density under the applicable water supply
watershed rules as provided in G.S. 143‑214.5(d3). This subsection
applies to all local governments regardless of the source of their regulatory
authority. Local governments shall include the requirements of this subsection
in their stormwater ordinances.
…
(b8) A local government may offer nonmandatory incentives that waive building, zoning, connection, or other regulations or fees; provide additional tax and financial benefits; or institute other incentives for development or redevelopment that implements additional stormwater control measures beyond those required by this section and rules adopted thereunder.
…."
SECTION 2.(b) Each local government that implements a stormwater management program shall amend its stormwater ordinance to conform to G.S. 143‑214.7(b3), as amended by subsection (a) of this section, within 12 months of the effective date of this section. Any local stormwater ordinance that is inconsistent with G.S. 143‑214.7(b3), as amended by subsection (a) of this section, is void and unenforceable on and after that date. A local government may adopt, amend, or repeal ordinance provisions implementing G.S. 143‑214.7(b8) at any time after the effective date of this section.
SECTION 2.(c) This section is effective when it becomes law and applies to stormwater rules and stormwater program amendments adopted on or after that date.
PART III. Effective date
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of July, 2026.
s/ Rachel Hunt
President of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 3:04 p.m. this 6th day of July, 2026