Title
Hold a legislative public hearing requested by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from June 1st, 2026, to June 1st, 2027, as a result of legislative action S382
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and recommended pausing UDO implementation until there was clarity on whether the bill’s downzoning provision would be repealed or revised.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.
In late Summer of 2025, it became evident that the amended effective date of December 31st, 2025, was not feasible given no changes had occurred. Therefore, staff proposed a new effective date of December 31st, 2026. They recommended one year to ensure ample time for changes to occur and follow those with implementation. The Board of Commissioners held a public hearing on September 15, 2025, and referred the matter to the Planning Board. At its October 7th meeting, the Planning Board reviewed the request and held a productive discussion regarding their opinions about the effective date. Ultimately, a motion was made by Mr. Smith that the Chatham County Planning Department amends the effective date of the adopted Unified Development Ordinance from December 31, 2025, to June 1, 2026, as a result of legislative action S382 bill. During that time, identify the legally permitted items from the Unified Development Ordinance so action can be taken without delay. Seconded by Ms. Lyons. Chair Roodkowsky called for a vote, and the motion was approved 7-1, opposed by Mr. Andrews.
The Board of Commissioners reviewed the Planning Board’s recommendation at their November 17th, 2025 meeting. Assistant Planning Director Chance Mullis provided an overview of the Planning Board’s recommendation and staff’s recommendation for the text amendment. Ultimately, the Board of Commissioners adopted Ordinance and Signed Consistency Statement modifying the effective date from December 31st, 2025 to June 1st, 2026.
Discussion & Analysis: As no changes have been made to S382, staff recommend postponing the UDO’s effective date once again to prevent it from becoming null and void while work continues on evaluating strategies for the project. Following consultation with Planning staff and the UDO consultants, it is recommended that the effective date be extended by one year. This additional time will allow for potential legislative adjustments, possible repeal of the downzoning provision, or development of an alternative path for bringing the UDO into effect. The extension will also provide staff with the necessary time for implementation planning.
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: Hold a legislative public hearing requested by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from June 1st, 2026, to June 1st, 2027, as a result of legislative action S382.