H.B. 466
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 23, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30180-MQf-34
Short Title: Allow Temporary Dwellings During Construction. (Public)
Sponsors: Representative Crutchfield.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH CRITERIA TO ALLOW FOR THE USE OF TEMPORARY
3 DWELLINGS ON RESIDENTIAL PROPERTY FOR THE DURATION OF THE
4 CONSTRUCTION OF A PERMANENT RESIDENTIAL DWELLING.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. Article 11 of Chapter 160D of the General Statutes is amended by
7 adding a new section to read:
8 "§ 160D-1110.1. Temporary dwelling permits during construction.
9 (a) A county shall permit the siting and use of a temporary dwelling that is unaffixed to
10 the property, including a recreational vehicle as defined in G.S. 20-4.01, for the duration of the
11 construction of a permanent residential dwelling on the same parcel, provided all of the following
12 criteria are met:
13 (1) All required permits and approvals for the construction of the permanent
14 residential dwelling have been secured.
15 (2) The temporary dwelling meets minimum habitability and safety standards
16 applicable to that dwelling.
17 (3) The temporary dwelling has access to a source of power and meets applicable
18 sanitary conditions.
19 (4) The temporary dwelling will be available for periodic inspections consistent
20 with this Article to verify ongoing compliance with the conditions imposed
21 under this section.
22 (5) The subject parcel must have permitted driveway access installed.
23 (b) Upon payment of a reasonable fee, a county shall issue a permit for the use of a
24 temporary dwelling meeting the criteria in this section. A county may require that the subject
25 parcel be at least 1 acre in size. A county may require evidence sufficient to demonstrate that
26 financing has been secured for the permanent residential dwelling construction. A county may
27 require biennial renewal of the temporary dwelling permit and may also reasonably limit the
28 duration of the temporary dwelling permit to the issuance of a certificate of occupancy, certificate
29 of compliance, or temporary certificate pursuant to G.S. 160D-1116. A county may limit the
30 issuance of a temporary dwelling permit to one active permit per subject parcel. A county may
31 revoke a temporary dwelling permit if the building permit issued for the permanent residential
32 dwelling has been revoked or has expired or if the temporary dwelling fails to meet the criteria
33 imposed prior to the issuance of the temporary permit. Nothing in this section affects the validity
34 or enforceability of applicable nuisance ordinances, private covenants, or contractual agreements
35 among property owners. A temporary permit issued pursuant to this section shall be exclusively
*DRH30180-MQf-34*
 General Assembly Of North Carolina Session 2023
1 regulated by the issuing county and shall supersede the regulatory authority of any other local
2 government entity."
3 SECTION 2. This act is effective when it becomes law.
Page 2 DRH30180-MQf-34