TO: Planning Commission
THRU: Craig Harmon - Senior Planner
FROM: Heather Eckhardt, CZO - Planner II
DATE: October 21, 2025
RE:Title
TA25-06: Waiting Periods for Refiling of Development Applications
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COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal II: Responsible City Government Supporting a Diverse and Viable Economy
Executive Summary:
The Planning Commission is asked to make a recommendation and forward the item to the City Council.
Ratified on October 6, 2025, the Regulatory Reform Act of 2025 addresses a range of issues, including regulations for land surveyors and stormwater management. One notable change involves General Statute ? 160D, which governs local planning and development regulations. Specifically, ? 160D-601 was amended to state:
"Withdrawn or Denied Applications. - A development regulation or unified development ordinance may not include waiting periods that prohibit a landowner, developer, or applicant from refiling a denied or withdrawn application for a zoning map amendment, text amendment, development application, or request for development approval."
As a result, the City of Fayetteville's Unified Development Ordinance will need to be amended to ensure continued compliance with G.S. ? 160D.
Background:
The City of Fayetteville's Unified Development Ordinance (UDO) currently establishes a waiting period for the resubmittal of development applications following a denial. Section 30-2.B.22.a requires a one-year waiting period before an application that was previously denied during a legislative hearing may be resubmitted. Section 30-2.B.22.b outlines the process for requesting a waiver from this time limit.
However, recent amendments to G.S. 160D-601, enacted through the Regulatory Reform Act of 2025 (HB 926 / SL 2025-94), prohibit local development regulations from imposing any waiting period on the resubmittal of denied or withdrawn applications.
Before any pro...
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