Legislation Details

File #: 25-4991    Version: 1 Name: TA25-06: Waiting Periods for Refiling of Development Applications
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 10/15/2025 In control: Planning Commission
On agenda: 10/21/2025 Final action: 9/9/2026
Title: TA25-06: Waiting Periods for Refiling of Development Applications
Attachments: 1. SL2025-94, 2. TA25-06 Consistency Statement

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

Title

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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“Withdrawn or Denied Applications.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ordinance may not include waiting periods that prohibit a landowner, developer, or applicant from refiling a denied or withdrawn application for a zoning map amendment, text amendment, development application, or request for development approval.”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 proposed amendment reaches the City Council for a vote, it undergoes a thorough review process by the City’s Planning Commission. This commission plays a vital role in ensuring responsible development in Fayetteville.

North Carolina General Statutes Section 160D-301 authorizes local governments to establish planning boards. These boards, including Fayetteville’s Planning Commission, can be tasked with various duties, including:

•                     Reviewing and recommending changes to development regulations, like the Unified Development Ordinance (UDO).

•                     Developing policies and procedures that promote efficient and coordinated urban planning.

 

This review process by the Planning Commission ensures that proposed amendments are carefully considered and aligned with the City’s overall development goals.

 

Issues/Analysis: 

The current provisions in the UDO regarding resubmittal of denied applications are inconsistent with recently amended state law. G.S. 160D-601 now prohibits local governments from enforcing waiting periods for the resubmission of development applications that have been denied or withdrawn. Retaining the one-year waiting period outlined in Section 30-2.B.22.a, even with a waiver process as described in Section 30-2.B.22.b, would place the City in conflict with state statute. Failure to amend these provisions could expose the City to legal challenges and undermine the enforceability of its development regulations. Amending the UDO to align with state law will eliminate this risk and ensure that application procedures remain lawful, consistent, and transparent for all stakeholders.

 

Budget Impact: 

None at this time

    

Options: 

1. Move to recommend approval of the proposed text amendments (recommended);

2. Remand the proposed text amendments back to staff for further consideration and specific changes;

3. Move to recommend denial of the proposed text amendments

     

Recommended Action::Recommended Action

The Professional Planning Staff recommends that the Planning Commission move for Option (1) and recommend approval of the proposed text amendment to the City Council.

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Attachments:

SL2025-94