Title
Vote to approve a legislative request by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from December 31, 2025, to December 31, 2026 as a result of legislative action S382 and adopt a resolution approving a consistency statement confirming the original statement that the request supports all 10 goals of Plan Chatham
Abstract
Introduction & Background: The Chatham County Board of Commissioners adopted the Unified Development Ordinance (UDO) at their meeting on November 18, 2024. To allow time for zoning implementation, the Board delayed the effective date to July 1, 2025.
Shortly after adoption, the North Carolina General Assembly introduced Senate Bill 382, which includes a provision that significantly restricts local zoning authority. Specifically, the bill prohibits local governments from initiating any “downzoning” without the written consent of affected property owners. “Downzoning” is defined as any amendment to zoning regulations or maps that:
• Decreases allowable development density,
• Reduces permitted uses of a property, or
• Creates a nonconforming use, lot, or structure.
This provision has raised concerns among local governments across North Carolina, as it limits their ability to make zoning changes that address community needs, environmental priorities, or long-term planning goals.
In Chatham County, S382 halted efforts to implement the UDO through county-initiated rezonings aligned with Plan Chatham’s Future Land Use Map, particularly in rural, agricultural, and protected areas. County staff, the County Attorney, the Manager’s Office, and planning consultants White & Smith reviewed the implications of SB 382. In January 2025, staff met with the Board of Commissioners to discuss the legislation and recommended pausing UDO implementation until there was clarity on whether the bill’s downzoning provision would be repealed or revised.
By early spring 2025, it became evident that the original effective date of July 1, 2025, would need to be postponed. Staff proposed a new effective date of December 31, 2025, to allow time for potential legislative changes and to address implementation challenges. The Board of Commissioners held a public hearing in April 2025 and referred the matter to the Planning Board. At its May 6 meeting, the Planning Board reviewed the request. Chair Roodkowsky led a vote on the consistency statement, recommending approval of the original statement that the UDO supports all 10 goals of Plan Chatham. The vote to change the effective date to December 31, 2025, passed 5-4, with opposition from Chair Roodkowsky, Ms. Lyons, Mr. Mayer, and Ms. Chiosso. Mr. Andrews abstained. The Board of Commissioners subsequently approved the amendment at their May 2025 meeting.
Following that, the BOC held a public hearing at the September 15th and referred the matter to the Planning Board to consider a recommendation. The Planning Board had this item on their October 7th meeting on the consent agenda. Planning Board member Eric Andrews requested the agenda be modified to have this item moved to the regular agenda. The Planning Board agreed to make that agenda modification unanimously. Planning staff presented the item to the Planning Board and indicated that the rationale for this amendment was to ensure the UDO didn’t become effective by default due to the date and then be null & void due to that ordinance contradicting state law as it stands today. The Planning Board had a thoughtful discussion expressing hesitation in moving the effective date out a year because several members want things to happen sooner than that. The Planning Board ultimately voted to recommend that the UDO effective date be moved to June 1st, 2026 as a result of S382 Bill and during that time, exercises be taken to identify legal permissible items in the UDO. The vote passed 7-1, with opposition from Mr. Andrews.
Discussion & Analysis: Since no changes have been made to S382, staff recommends postponing the effective date of the UDO once again. Following consultation with Planning staff and UDO consultants, it is advised that the date be extended by one year. This additional time would allow for potential legislative revisions or repeal of the downzoning provision, as well as provide a window for implementation planning.
During this extension period, it is also recommended that the Board of Commissioners determine the direction they wish to take regarding the future of both the UDO and S382. If no legislative changes occur within the proposed timeframe or if the Board prefers to bring the UDO into compliance and revise the regulations-then formal direction will need to be given to staff and consultants to proceed accordingly.
How does this relate to the Comprehensive Plan: The UDO implements the policies, goals, and vision of Plan Chatham, ensuring that the comprehensive plan’s guidelines are reflected in the County’s land use regulations.
Budgetary Impact: N/A
Recommendation/Motion: Vote to approve an Ordinance Amending the Unified Development Ordinance changing the effective date from December 31, 2025, to December 31, 2026.
Vote to adopt a resolution approving a consistency statement confirming the original statement that the request supports all 10 goals of Plan Chatham.