Senate committee substitute to the 5th edition removes the content of the previous edition, except where indicated, and replaces it with the following. Removes part titles and makes organizational changes throughout the act.
Retains the following content unchanged:
Section 8 (was, Section 4). Changes to GS 93D-14 that end dual licensure requirements for audiologists, as described.
Section 10 (was, Section 8).
The Officer and Sales Contracts Rule that allow buyer’s agent compensation to be included in the offer to purchase, as specified.
Section 11 (was, Section 9.2).
Changes to GS 160D-601 that prohibit waiting period for refiling development applications.
Section 12 (was, Section 17).
New GS 160A-205.8, which limits the authority of local governments to regulate the display of American flags on private property, as specified.
Section 15 (was, Section 30).
Provisions encouraging Article 3A agencies to negotiate informally.
Section 21 (was, Section 9).
The Falls Lake New Development Rule, which modifies the Falls Reservoir water supply nutrient strategy rules as specified.
Section 23 (was, Section 31).
The effective date.
Amends the following retained content:
Section 9 (was, Section 5).
Clarifies that a locked hearing aid under GS 93D-7.1 refers to both a prescription and over-the-counter hearing aid. Expands the type of activities subject to the statute’s notice provisions to include fitting locked hearing aids. Specifies that the software at issue includes nonproprietary or proprietary programming software (was, just locked programming software). Specifies that receipt signatures can either be physical or electronic. Replaces references to “seller” with “licensee” throughout. Changes the licensee’s retention period of the signed notice and other specified records from seven years to three years. Makes technical and clarifying changes. Makes conforming changes to the content of the required notice.
Specifies that the software at issue in GS 90-308 includes nonproprietary or proprietary programming software (was, just locked programming software). Specifies that notice signatures can either be physical or electronic. Changes the audiologist’s retention period of the specified records from seven years to three years. Makes technical and clarifying changes. Makes conforming changes to the content of the required notice.
Section 13 (was, Section 17.5).
Makes technical changes to provisions of GS 130A-248 that allow off-site food service for workplace events.
Section 14 (was, Section 28).
Reduces the amount of time that the Office of Administrative Hearings (OAH) must give of the week and county (was, location) where the contested case hearing will be conducted from 45 to 30 days. Specifies that OAH must give formal notice in writing to the parties not less than 15 days before the hearing (was, OAH issued a notice of hearing). Makes conforming change to GS 150B-38 (pertaining to hearing notices in contested cases).
Section 22 (was, Section 14).
Changes one of the triggers for the deadline for a person to request a public hearing under GS 74-50 back to thirty days within issuance of the notice (was, receipt of notice). Reduces the time for a surety bond to be replaced from 60 days to 45 days of the department’s receipt of the notice. Extends the Department’s time to complete any required subsequent technical review under GS 74-51 from 30 calendar days to 45 calendar days.
Adds the following new content:
Section 1.
Adds the requirement that the application Submittal Rule, 15A NCAC 02T .0604, be implemented so that a letter from either the local county health department or a certified Authorized On-Site Wastewater Evaluator denying the site for all subsurface systems be submitted to the Division by the applicant. Requires adopting a new permanent rule consistent with these provisions, at which time this section will expire.
Section 2.
Repeals GS 89C-19.2 (limited right of entry by professional land surveyors) but now recodifies the language of GS 89C-19.2 as GS 14-159.15 with the following changes. Removes provisions requiring a professional land surveyor to make reasonable efforts to notify adjoining landowners upon whose land its necessary to enter. Removes lessee liability to a professional land surveyor or a person under their supervision for damages and injury to them that was willfully or deliberately caused by the lessee. Removes defined term critical infrastructure facilities and adds practice of land surveying. Clarifies that new GS 14-159.15 does not give a professional land surveyor the authority to either (1) enter lands traversed by an operating railroad or properties owned, held, used, or operated by the railroad or its subsidiaries or (2) enter lands containing critical infrastructure. Makes technical, conforming, and organizational changes. Applies to acts occurring on or after the act’s effective date.
Section 3.
Amends GS 160D-1104 by prohibiting an inspection department from charging permit holders a fee or failing to complete an inspection if the permit holder cancels a scheduled inspection more than one business day before it is scheduled.
Section 4.
Expands the types of actions a local government is prevented from taking under a zoning regulation under GS 160D-702 to include establishing or requiring pavement design standards for public roads (defined) or private roads that are more stringent than the minimum requirements adopted by the Department of Transportation. Applies to projects initiated on or after January 1, 2026.
Section 5.
Enacts GS 160D-1504 requiring a local government that requires a developer to construct pedestrian facilities or roadway improvements, which include improvements within public right-of-way located outside of a construction project boundary, to standards or with attributes which would preclude a pedestrian facility or roadway improvement from acceptance by the North Carolina Department of Transportation (DOT), to coordinate with DOT to enter into agreements for the local government to assume maintenance and repair responsibilities for the portions of pedestrian facilities or street improvements precluded from acceptance by DOT. Applies to projects within a municipality’s extraterritorial jurisdiction initiated on or after January 1, 2026.
Section 6.
Requires the Office of State Fire Marshal, the Building Code Council and Residential Code Council (Councils), and State and local governments enforcing the State Building Code (Code) to implement Water Supply Rules (Section 3312.1 of the Fire Code and Section 3313.1 of the Building Code) as follows. Allows the fire code official to reduce the fire-flow requirements for an isolated model home at a subdivision project site where development of full-fire flow requirements is impractical or pending. Requires adopting rules to amend the Water Supply Rules to be consistent with this change. This provision expires once the permanent rules become effective.
Section 7.
Authorizes the State Board of Education, for any ATR unit (defined) that received its final year of grant funding under GS 115C-310.11 in the 2024-2025 school year, to permit ATR schools (defined) withing the ATR unit to exceed the maximum class size requirements for kindergarten through third grade for the 2025-2026 and 2026-2027 school years. Amends GS 115C-310.15 to task DPI with creating designations for teachers serving in advanced teaching roles in the student information system.
Section 16.
Amends GS 130A-39 by prohibiting local boards of health from adopting a rule concerning a private pool serving a single family dwelling that is otherwise exempt from regulation under GS 130A-280.
Section 17.
Modifies GS 130A-280 (concerning scope of laws applying to public swimming pools), as amended by Section 4.51 of SL 2024-49, as follows. Removes list of minimum requirements that a private pool serving a single family dwelling must meet if it is offered to, and used by, individuals on a temporary basis utilizing a sharing economy platform (defined). Instead, now specifies that in all cases in which a fee is exchanged for access to a private pool serving a single family dwelling used only by the residents of the dwelling and their guests, the private pool must be maintained in good and safe working order. Makes organizational changes. Makes technical changes to account for organization of statute in GS Chapter 130A and other conforming changes, including to the statute's title.
Section 18.
Expands the exemption from the provisions of GS Chapter 160D (Zoning) for construction projects by the University of North Carolina (UNC) to also include projects located in whole or in part in Buncombe or Watauga Counties (currently, just Wake County) and which are managed or authorized by UNC (currently, only applies to projects managed by the State Construction Office).
Section 19.
Excludes Emergency Action Plans and downstream inundation maps associated with impoundments or dams not regulated by the Federal Energy Regulatory Commission from sensitive public security information considered confidential under GS 143-215.31 (supervision over maintenance and operation of dams).
Section 20.
Prevents the Environmental Management Commission (EMC) in GS 143-214.7, after issuing a letter or electronic response requesting additional information based on the original stormwater permit submission, from subsequently requesting additional information that was not previously identified as missing or required in that additional information letter or electronic response from the original submittal. Allows the EMC to respond to follow ups from the applicant with requests for further information limited to information missing from that subsequent additional information letter or electronic response.
Statutes affected: Filed: 90-624, 115C-407.57, 87-10.2, 93D-14, 78A-36, 40A-3, 160D-1110, 150B-23, 150B-38, 150B-40, 150B-22
Edition 1: 90-624, 115C-407.57, 87-10.2, 93D-14, 78A-36, 40A-3, 160D-1110, 150B-23, 150B-38, 150B-40, 150B-22
Edition 2: 90-624, 115C-407.57, 87-10.2, 93D-14, 78A-36, 160D-1110, 116-11, 150B-23, 150B-38, 150B-40, 150B-22
Edition 3: 90-624, 115C-407.57, 87-10.2, 93D-14, 78A-36, 160D-1110, 116-11, 136-18.02, 136-93.1, 150B-1, 150B-23, 150B-38, 150B-40, 150B-22
Edition 4: 90-622, 90-629, 115C-407.57, 87-10.2, 93D-14, 78A-36, 160D-1110, 74-49, 74-50, 74-51, 116-11, 160A-215, 6-21, 113-187, 150B-23, 150B-38, 150B-40, 150B-22
Edition 5: 90-622, 90-629, 90-29.5, 90-30, 87-10.2, 93D-14, 78A-36, 160D-203, 160D-601, 160D-1102, 160D-1110, 74-49, 74-50, 74-51, 116-11, 160D-912.1, 14-309.15, 18B-1001, 130A-248, 160A-215, 6-21, 113-187, 150B-23, 150B-38, 150B-40, 150B-22
Edition 6: 89C-19.2, 160D-1104, 160D-702, 115C-310.15, 93D-14, 160D-601, 130A-248, 150B-23, 150B-38, 150B-22, 130A-39, 130A-280, 160D-913, 143-215.31, 143-214.7, 74-49, 74-50, 74-51