Update August 2022: On July 27, 2022, in its Final Rule FAQs US Treasury exempted revenue replacement ARP/CSLFRF expenditures from some Uniform Guidance provisions, including the detailed cost item regulations. Revenue replacement expenditures continue to be subject to the general … Read more

[UPDATE: This blog post has been revised to reflect practitioner input. Revised portions are underlined below.] Session Law 2021-191 (S.B. 473) modifies governing board members’ duty to vote and recusal procedures. Specifically, Section 14-234.3 prohibits public officials who also serve … Read more

North Carolina statutes have specific rules that address calculation of the majority required to approve a variance or to amend a development regulation. The statutes specify how an absent member or a member with a conflict of interest affect the majority required. The statutes also have a special rule that applies to city council members who are present but do not vote on a development regulation amendment.

At a prominent corner in downtown, there’s a vacant lot. The adopted Downtown Plan envisions a café or a bookshop or a boutique—something to contribute to a walkable, touristy downtown. The owner of the vacant lot has a different vision. … Read more

*With special thanks to Kara Millonzi and Elsemarie Mullins As local governments wrestle with administering American Rescue Plan Act (ARPA)-funded programs, the Low-Income Household Water Assistance Program (LIHWAP) has prompted public records and confidentiality questions. To administer LIHWAP, state and … Read more

[UPDATES: June 2023: H347 is signed into law by Governor Cooper, authorizing on-line sports gambling to begin within 1 year and levying an 18% tax on gambling revenue. March 2023: a sports gambling bill was filed in the NC House … Read more

Conditional zoning is a popular development regulation tool used in North Carolina. Legislative conditional zoning was first used in the state in the 1990s, was approved by the courts in 2001, and was expressly authorized by the zoning statutes in … Read more

After site plan approval, the developer discovers a need to alter slightly the layout of the building. After a conditional zoning approval, the property owner decides to alter the parking layout to make better use of green space. And after … Read more

Several years ago the town council approved a major development. Part of the development is complete, but several phases remain. The developer wants to substantially alter the approved plans for the remaining phases. Can the developer change the original approval? … Read more

“We don’t want those people to move in here!” “A church may be okay, but not a mosque!” “We need condos, not apartments!” These are a few of the many statements that raise red flags in a zoning matter. In … Read more