HB 369: Parking Lot Reform/Stormwater Control. - North Carolina

Edition 4 → Edition 5 · 4 edits

MODERATE

This bill update adds specific exemptions for historic properties and coastal areas from new parking lot regulations, clarifies how existing structures are treated in stormwater calculations, and includes a minor formatting correction to a section header. These changes ensure that historic preservation and coastal management goals are not hindered by the new parking rules while tightening the logic for stormwater runoff requirements on redeveloped sites.

Scope change

The bill now explicitly excludes certain historic landmarks and coastal local governments from specific parking restrictions, narrowing the scope of who must comply with those rules. Additionally, the stormwater section was clarified to better define how existing built-upon areas are excluded from new requirements.

ELIGIBILITY

Added exemptions for properties in National Register or local historic districts, as well as properties listed on the National Register Study List or designated as historic landmarks, from minimum parking space requirements.

Added an exemption for local governments located in the coastal area from specific parking lot regulations.

REQUIREMENT

Clarified the stormwater section to explicitly state that existing built-upon area is excluded from density calculations and new stormwater control requirements, regardless of whether it is demolished, relocated, or replaced during redevelopment.

TECHNICAL

Corrected a formatting error in the section header for the stormwater provisions, changing 'SECTION 1.(c)' to 'SECTION 1.(c)' to align with the document's numbering style.

Edition 3 → Edition 4 · 6 edits

MODERATE

The bill was revised to change the short title to include stormwater control, update the funding appropriation to the 2026-2027 fiscal year, and shift the effective date to July 1, 2026. The most significant change is the expansion of stormwater regulations, which now explicitly define 'built-upon area' and clarify that existing structures cannot be subject to new stormwater requirements even if they are demolished or relocated during redevelopment.

Scope change

The bill's scope expanded to include specific definitions for 'built-upon area' and 'redevelopment,' clarifying that local governments cannot retroactively apply new stormwater controls to existing structures or require controls for areas that already have development.

FISCAL

The fiscal year for the $5,000 appropriation to the Department of Commerce was changed from 2025-2026 to 2026-2027.

TIMELINE

The effective date for Section 1(c) was moved from July 1, 2025, to July 1, 2026.

SCOPE

The short title was updated from 'Parking Lot Reform and Modernization Act' to 'Parking Lot Reform/Stormwater Control'.

DEFINITION

New definitions for 'built-upon area' and 'redevelopment' were added to clarify that existing structures are exempt from new stormwater requirements regardless of whether they are demolished or relocated.

REQUIREMENT

Stormwater rules were expanded to explicitly state that existing built-upon area cannot be included in density calculations for additional stormwater controls and cannot be subject to retroactive requirements.

The mandatory requirement for local governments to include specific stormwater subsections in their ordinances was removed, replaced with language allowing local governments to offer optional incentives for additional stormwater controls.

Edition 2 → Edition 3 · 4 edits

MODERATE

The bill completely removed a provision banning the future purchase and import of pavement sealants containing high levels of polycyclic aromatic hydrocarbons (PAHs). In its place, the bill added new stormwater management rules that limit when local governments can require new stormwater controls for redeveloped properties, specifically exempting small-scale residential projects.

Scope change

The bill's scope shifted from a statewide ban on specific construction materials to a modification of local government authority regarding stormwater regulations for redevelopment.

REQUIREMENT

Deleted the ban on purchasing or importing pavement sealants containing high levels of polycyclic aromatic hydrocarbons (PAHs), which previously prohibited their use in parking areas starting January 1, 2026.

Added new stormwater rules limiting local governments from requiring increased stormwater controls for redevelopment unless the project increases the total amount of impervious surface.

ELIGIBILITY

Created an exemption for 'small-scale residential development' (single-family homes, townhomes, or multifamily with four or fewer units disturbing less than one acre) from enhanced stormwater control requirements.

TIMELINE

Removed the January 1, 2026 effective date associated with the PAH sealant ban.

Edition 1 → Edition 2 · 4 edits

MODERATE

The bill was updated to clarify that local governments cannot regulate specific aspects of off-street parking (previously only minimum numbers or sizes) and to add a new funding provision of $5,000 to help property owners adjust parking lot sizes. The definitions for banned sealants were slightly refined, and the effective date for the stormwater clarifications was changed to the date the law is enacted.

Scope change

The scope of the parking restrictions was expanded from prohibiting minimum size/number requirements to also banning regulations on specific aspects of off-street parking spaces.

REQUIREMENT

Expanded the prohibition on local parking regulations to ban rules regarding specific aspects of off-street parking spaces, not just minimum numbers or sizes.

FISCAL

Added $5,000 in state funding to assist property owners in adjusting parking lot sizes to match actual usage.

DEFINITION

Refined the definition of 'PAHs' to 'PAH' and updated the description of high PAH sealant products for clarity.

TIMELINE

Changed the effective date for stormwater clarifications from a future date to the date the act becomes law.

Filed → Edition 1 · 3 edits

MINOR

The bill's header and sponsor information were updated to reflect the current session and include additional sponsors. The substantive text of the bill regarding PAH sealant bans and stormwater redevelopment rules remains unchanged, though line numbers were re-indexed.

Scope change

No substantive change to the bill's scope or applicability; only administrative header updates and renumbering occurred.

ADMINISTRATIVE

The bill header was reformatted to include the session date and a new bill identifier code.

The sponsor list was expanded to include Representatives Brody, Penny, and Dahle as primary sponsors, with a note directing users to the official website for a complete list.

The bill's internal line numbers were re-indexed to align with the new formatting.

Parking Lot Reform/Stormwater Control.

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