Bill > S137

This bill restores the local government's authority to initiate down-zoning (rezoning that reduces land development potential) in Henderson County, specifically for farmland preservation purposes. Currently, zoning amendments that reduce development density or permitted land uses require written consent from all affected property owners. The bill modifies this requirement by allowing local governments to initiate down-zoning without property owner consent if the purpose is to preserve farmland. The bill also removes a provision that previously considered the creation of nonconforming land use status as a form of down-zoning. Geographically, the bill applies only to Henderson County and specific municipalities within it, including Fletcher, Mills River, Flat Rock, Laurel Park, and Saluda. The legislation becomes effective immediately upon becoming law and applies retroactively to January 31, 2025, meaning it can be applied to zoning decisions made on or after that date.

https://www.ncleg.gov/BillLookUp/2025/S137