Chatham County, NC - File #: 26-0228

• File #: 26-0228
• Version: 1
• Type: Ordinance
• Status: Approval of Agenda and Consent Agenda
• File created: 4/29/2026
• In control: Planning
• On agenda: 5/18/2026
• 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 June 1st, 2026, to June 1st, 2027 as a result of legislative action S382
• Indexes: Comp Plan Goal 1: Preserve the rural character and lifestyle of Chatham County, Comp Plan Goal 10: Foster a healthy community., Comp Plan Goal 2: Preserve, protect, and enable agriculture and forestry., Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers., Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting., Comp Plan Goal 5: Conserve natural resources., Comp Plan Goal 6: Provide recreational opportunities and access to open space., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives., Comp Plan Goal 8: Become more resilient by mitigating, responding and adapting to emerging threats., Comp Plan Goal 9: Provide equitable access to high-quality education, housing and community options for all.

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 June 1^st, 2026, to June 1^st, 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 31^st, 2025, was not feasible given no changes had occurred. Therefore, staff proposed a new effective date of December 31^st, 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 17^th, 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 31^st, 2025 to June 1^st, 2026.

Following that meeting, County staff have worked closely with the Manager’s Office to navigate a path forward for the UDO. While this effort is ongoing, the current effective date of June 1, 2026 is rapidly approaching. As a result, the Board of Commissioners (BOC) held a public hearing on April 20, at which Assistant Planning Director Chance Mullis presented a UDO text amendment to revise the effective date to June 1, 2027. This extension is intended to provide additional time for the County to develop a clear strategy to advance the project and to prevent the UDO from becoming effective only to be immediately rendered null and void. Following the hearing, the BOC referred the matter to the Planning Board.

The Planning Board had this item on their May 5th meeting agenda. After a thoughtful discussion regarding the future of the UDO, the Planning Board voted to recommend the UDO text amendment as proposed by staff. The vote was 8-2. Mr. Eric Andrews & Mr. Adam Feher voted against the recommendation. The consistency statement was recommended with the same vote as well.

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 strategies to make the UDO effective. 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, Chatham’s House bill 1103 moving forward, or development of an alternative path for bringing the UDO into effect. The extension will also provide staff with the necessary time for implementation.

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 June 1^st, 2026, to June 1^st, 2027. 

Vote to approve a resolution approving a consistency statement confirming the original statement that the request supports all 10 goals of Plan Chatham.