North Carolina Considering a Ban on Design Standards

Under North Carolina House Bill 36 and Senate Bill 25, design regulations would no longer apply to single family homes and duplexes without consent from neighborhood groups and property owners. The proposal includes some exceptions related to structural safety, historic preservation, and flood insurance programs, but the proposal is otherwise far-reaching, to be applied locally across a range of land uses, permitting classifications and zone districts.

In commercial districts (not included in the proposal), design regulations help ensure the form, appearance, and scale of new development is consistent with desired community character. In residential settings, design regulations help encourage variation, for example to discourage cookie-cutter development patterns in new subdivisions. The proposal is a backlash to more stringent design regulations used in some municipalities, which some feel are excessive.

The residential design standards legislation was introduced alongside another measure which would limit local government powers. House Bill 51 would end the use of extra-jurisdictional control. This refers to land use authority extending to areas just beyond city borders. In many instances these controls help facilitate transition from urban to rural character, for example in stepping-down density allowances. And if city services and infrastructure extend beyond city boundaries, it can make more sense for the municipality to administer local land use regulations. Some feel however, that because affected property owners cannot exercise voting power in the controlling jurisdiction, the practice is unwarranted. 

All three proposals passed their first readings and have been referred to local government committees for further review.