HomeMy WebLinkAboutAgenda 07-08-2025; 6-b - Resolution in Opposition to Senate Bill 205 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 8, 2025
Action Agenda
Item No. 6-b
SUBJECT: Resolution in Opposition to Senate Bill 205
DEPARTMENT: Board of Commissioners,
County Attorney, Planning &
Inspections
ATTACHMENT(S): INFORMATION CONTACT:
John Roberts, 919-245-2318
Resolution Cy Stober, 919-245-2575
PURPOSE: To consider approval of a resolution opposing Senate Bill 205.
BACKGROUND: At the Board's Business meeting on June 17, 2025, Commissioner Phyllis
Portie-Ascott noted recent discussions and concerns related to Senate Bill 205 currently under
consideration in the North Carolina General Assembly. Introduced during the current General
Assembly session, Senate Bill 205 has been amended in a manner that changes many aspects
of local planning and zoning authority and dramatically impacts the ability of local governments to
act in ways that reflect the will of their communities by amending Chapter 160D of the North
Carolina General Statutes.
Rather than defer to local government staff and elected officials, the bill often prescribes planning
standards and processes that limit public involvement and professional expertise in land use
change matters. The bill, as drafted, is contrary in its intentions to the Orange County Strategic
Plan's Vision Statement: "We are a diverse, inclusive, and healthy county working together to
strengthen our community and enhance the quality of life for all residents."
Chapter 160D provides comprehensive planning and zoning authority to local governments and
would be significantly eroded by the passage of Senate Bill 205, which would diminish the input
and will of local communities.
It was requested at the June 17' meeting that staff present a resolution for Board consideration
at this July 8, 2025 meeting opposing Senate Bill 205.
FINANCIAL IMPACT: There is no direct financial impact associated with consideration of the
resolution.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 5. Review land use policies to promote and connect Town, County, and
private trails and open spaces.
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• GOAL 3: HOUSING FOR ALL
OBJECTIVE 5. Review County ordinances, policies, agreements, and the regulatory
processes to streamline practices, and increase opportunities and reduce barriers to
construct housing.
RECOMMENDATION(S): The Manager recommends that the Board consider approval of the
attached resolution, and if approved, authorize the Chair to sign the resolution.
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RES-2025-036
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OPPOSING SENATE BILL 205
WHEREAS, Senate Bill 205 introduced during the 2025 session of North Carolina General
Assembly has been amended in a manner that changes many aspects of local planning and
zoning authority and dramatically impacts the ability of local governments to act in ways that
reflect the will of their communities; and
WHEREAS, Chapter 160D of the North Carolina General Statutes provides comprehensive
planning and zoning authority to local governments and would be significantly eroded by the
passage of Senate Bill 205, which would diminish the input and will of local communities; and
WHEREAS, Orange County has been supportive of removing regulatory barriers to private land
development in order to encourage comprehensive and reasonable development, while at the
same time maintaining that there is a reasonable compromise to virtually all land development
situations; and
WHEREAS, Senate Bill 205 would limit local authority to establish reasonable planning and
zoning regulation based on individual property conditions; and
WHEREAS, Senate Bill 205 would remove local discretion to make fact-based long-term
sustainable decisions and would impose heightened quasi-judicial standards and evidentiary
fact finding for common planning and zoning decisions thereby limiting community input and
feedback on important local land use decisions; and
WHEREAS, Senate Bill 205 would increase the risk of lawsuits against local governments across
the state, subjecting local governments to damages, costs, and attorney fees for reasonable
decisions based on local circumstances that could be unreasonably challenged; and
WHEREAS Senate Bill 205 would remove the ability of local communities and local officials to
pursue their unique visions for their communities, which are critical to attracting new residents,
new businesses, and maintaining the local quality of life; and
WHEREAS, Orange County strongly believes local governments are best suited to represent
their communities on local matters;
NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners urges the
North Carolina General Assembly to leave planning and zoning decisions to locally elected
boards and their local communities and that the General Assembly immediately table and
dispose of Senate Bill 205 and any similar bills threatening to limit local land use planning and
zoning authority.
Adopted this the 8t" day of July, 2025.
Jamezetta Bedford, Chair
Orange County Board of Commissioners