Senate Bill 65 would restore local authority to initiate down-zoning in Buncombe County and the municipalities within it. Under current state law, down-zoning generally cannot be initiated, enacted, or enforced without the written consent of all affected property owners, unless the local government initiates the change; this bill revises that framework for Buncombe County by carving the county and its municipalities out from the broader restriction.
The bill defines down-zoning as zoning changes that reduce development density, limit permitted uses, or create certain nonconformities on nonresidential land. It applies only locally to Buncombe County and its municipalities, and it is retroactive to December 11, 2024. As written, any ordinance affected by the 2024 state law amendment would be restored to the status it had on or before that date.
Impact
The bill amends G.S. 160D-601(d) to create a local exception for Buncombe County, allowing local governments there to initiate down-zoning without needing unanimous written consent from affected property owners. It would override the statewide restriction created by S.L. 2024-57 for this county and require any affected ordinance to revert to its pre-December 11, 2024 form. The practical effect is to restore zoning flexibility to Buncombe County and its municipalities while leaving the general statewide rule in place elsewhere.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill’s title and structure, the measure appears to be a targeted local-government bill intended to reverse a recent statewide zoning limitation for one county, which often suggests support from local officials seeking regulatory flexibility. The available record does not show any vote totals or amendments.
Contention
The main point of contention is likely the balance between local zoning control and property-owner protections. Supporters would likely favor restoring Buncombe County’s ability to reduce density or restrict uses without unanimous owner consent, while opponents may argue that down-zoning can diminish property rights, reduce development potential, and create uncertainty for landowners. Because the bill is narrowly tailored to one county and made retroactive, another possible concern is whether it creates unequal treatment compared with other counties or disrupts ordinances adopted after December 11, 2024.