Planning Board Basics
Published: 01/07/22
Author Name: Adam Lovelady
So, you’re a new member of the planning board. Or maybe you have been on the board for a while and need a refresher on your role. First off, thank you for your service to the community and congratulations on the honor. Now, what have you gotten yourself into? This blog outlines the basic state requirements and options for planning boards.
The local planning board may take many forms and perform many roles. The core responsibilities are clearly set forth by state law. The General Statutes also grant fairly wide-ranging authority for additional responsibilities, giving local governments the ability to use the planning board in a variety of ways. Local ordinances, policies, and procedures may refine or adjust some of the provisions discussed here. Check with your local government planner and/or local government attorney to find out any special rules and provisions that may apply to the planning board in your community.
Balancing Interests
First up, consider the role of the planning board: to advise the governing board on the community’s future. Such a broad and weighty role demands strong and thoughtful planning board members. You can and should bring your personal experience, professional knowledge, and passion for your community to your work as a planning board member. Even so, it is imperative that you approach the work with a community-focused perspective. You are making recommendations and decisions for the whole community; you are not making recommendations and decisions for your own interests or the interests of your friends and business partners.
This demands that you address many big issues and balance many competing interests: individual benefits and community impacts, neighborhood preferences and broader necessities, property value increases and housing affordability, short-term gain and long-term resilience, infrastructure capacity and desire for development. As is the case for the governing board when they make a final decision on a legislative development matter, for the planning board there are some Considerations for Legislative Development Decisions that should be considered and some Impermissible Considerations for Legislative Development Decisions that must not be considered when making recommendations and decisions on zoning amendments and other legislative development decisions.
It is also true that land use planning and development regulations are just pieces of the much larger puzzle of a thriving community. There are many governmental factors that interrelate to planning, such as transportation, education, parks and recreation, social services, and more. Additionally, there are many factors beyond the scope of the planning board. Next, let’s consider the duties and responsibilities of the planning board.
Duties and Responsibilities
Advise on Comprehensive and Land Use Planning. Under G.S. 160D-301, planning boards are authorized “[t]o prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.” This general authority is emphasized by the relatively recent requirement that in order to enforce zoning, a local government must have a reasonably maintained comprehensive plan or land use plan. Such plans are adopted by the governing board “with the advice and consultation of the planning board,” following the standard legislative process outlined at G.S. 160D.601. For more on the planning requirements, check out this blog on Comprehensive Plans and Land Use Plans Required for Zoning.
Advise on Initial Zoning. Before a local government exercises the powers of zoning, it must designate a planning board (G.S. 160D-604(a)). The planning board prepares and/or reviews and recommends the proposed zoning regulation. The governing board may not hold hearings or take action on the initial zoning ordinance until the planning board has provided written recommendation regarding adoption.
Advise on Zoning Amendments and Plan Consistency. Proposed amendments to the zoning ordinance—text amendments or rezonings—must be submitted to the planning board for review and comment. As described in G.S. 160D-604(b), the planning board gets at least 30 days to review and comment. In carrying out its task of reviewing proposed amendments, the planning board is not required by state law to hold formal public hearings, but many local governments do require hearings by ordinance. If after 30 days of referral the planning board has not provided a written report, then the governing board may take action without planning board recommendation.
When the planning board reviews proposed amendments to the zoning ordinance, “the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive or land-use plan that has been adopted and any other officially adopted plan that is applicable.” The planning board may also review and comment on “other matters as deemed appropriate by the planning board” (160D-604(d)).
A planning board recommendation is advisory, not binding. Even if the planning board determines that a proposed zoning amendment is inconsistent with the comprehensive plan, that does not preclude governing board action and adoption of the amendment. For more on the procedures, take a look at this blog on Procedures for Legislative Development Decisions.
Advise on Other Ordinances. The planning board must have an opportunity to review and comment on zoning adoption and amendment; the planning board may have an opportunity to review and comment on adoption and amendment of other development ordinances under Chapter 160D. So, adoption of and amendments to the subdivision ordinance, minimum housing code, historic preservation ordinance, and other development regulations may be referred to the planning board for review and comment (G.S. 160D-604(c)). If the local ordinance calls for such referral to the planning board, then that procedural requirement is mandatory for local decision-making.
Additional Planning Duties. In addition to the above duties, the General Statutes grant planning boards broad authority for planning and plan implementation. As outlined at G.S. 160D-301(b), the local government may assign the planning board the following powers and duties:
- To prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
- To facilitate and coordinate citizen engagement and participation in the planning process.
- To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
- To advise the governing board concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. 160D-604.
- To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.
- To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.
- To perform any other related duties that the governing board may direct.
Some jurisdictions elect to grant all of the above powers to planning boards while others do not. Your local code of ordinances should identify which of the above powers have been granted to the planning board.
Additional Decision-Making
The planning board may be tasked with decision-making for certain development approvals and may be tasked with the duties (decision-making and all) of certain appointed boards. For planning boards tasked with handling different types of decisions, it is especially important to understand the substantive and procedural differences between those decisions, as outlined in the blog on Types of Development Decisions.
A planning board may provide final decisions on preliminary and final subdivision plats (G.S. 160D-803).
Planning boards may handle certain quasi-judicial decisions such as applications for special use permits (G.S. 160D-705). The planning board may perform some or all of the duties of a board of adjustment, if designated as such by the local governing board (G.S. 160D-302). So, some planning boards handle variance decisions, appeals of administrative zoning decisions, and appeals from the historic preservation commission. For each of these—special use permits, variances, appeals—the planning board is serving as a quasi-judicial board and must follow the procedural formalities for such decisions. This is a notable contrast from the advisory decisions that the board typically makes.
Additionally, as noted in the list of duties above, the planning board may “provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.” This role of preliminary forum for quasi-judicial decisions is peculiar. It may serve as a sort-of dress rehearsal for the eventual evidentiary hearing. But, the ultimate decision-making board cannot base its decision on the forum or a recommendation from the forum.
The planning board also may perform the duties of a historic preservation commission, if designated by the governing board (G.S. 160D-303). When serving as a preservation commission, the planning board must have at least three members with special interest, experience, or education in history, architecture, or related fields. Preservation commission duties include, among other things, quasi-judicial determinations for certificates of appropriateness for construction and alterations in a historic district.
Finally, the North Carolina Urban Redevelopment Law outlines specific additional roles for planning boards, referenced in the law as “planning commissions” (G.S. 160-500 et seq.). First, the planning board must certify areas as “redevelopment areas.” The local redevelopment commission then may craft a redevelopment plan. The planning board reviews and certifies a recommendation on that redevelopment plan before it is finalized and sent to the governing board (G.S. 160A-513).
Organization and Composition
As outlined at G.S. 160D-301, the statutes are flexible with regard to composition of the planning board. A planning board must have at least three members, but otherwise the size, composition, and organization are open to the local governing board’s discretion. As an alternative to establishing a planning board, a local government may assign the duties of the planning board to another board and local governments may create a joint planning board under Article 20 of Chapter 160A. While the governing board may take on the duties of some appointed boards, the governing board may not handle the planning board’s review and comment duties outlined at G.S. 160D-604. That must be performed by a planning board or another board separate from the governing board (160D-604(e)).
There are no specific qualification requirements for planning board members, except in cases where the planning board acts as a historic preservation commission (described above). The governing board may set procedures for soliciting, reviewing, and making appointments to the planning board (G.S. 160D-310). For municipalities that have extraterritorial planning jurisdiction, the planning board must include proportional representation for the extraterritorial area (G.S. 160D-307). Unless prohibited by charter or ordinance, a governing board may appoint nonresidents to serve on the planning board (GS 160A-60 & 153A-25). Terms for planning board members may be set by local ordinance, or members may serve for indefinite periods at the pleasure of the governing board.
As with any appointed board under Chapter 160D, members of the planning board must take an oath of office pursuant to G.S. 153A-26 and 160A-61 (G.S. 160D-309).
A local government may provide compensation to planning board members (G.S. 160D-301 & -502).
Rules of Procedure
Any board needs up-to-date and thorough rules of procedure to operate most effectively. G.S. 160D-308 provides that the local governing board may adopt rules for procedure for the planning board, and if the governing board does not adopt rules of procedure, then the planning board may do so. The adopted rules of procedure must be maintained by the local government clerk (or other designated official) and must be posted to the local government website, if one exists.
Conclusion
The planning board has an important role for land use planning and development regulations in North Carolina communities. This blog has outlined some of the duties and responsibilities, organization and composition, and other considerations for planning boards and planning board members.
1
Coates’ Canons NC Local Government Law
Planning Board Basics
Published: 01/07/22
Author Name: Adam Lovelady
So, you’re a new member of the planning board. Or maybe you have been on the board for a while and need a refresher on your role. First off, thank you for your service to the community and congratulations on the honor. Now, what have you gotten yourself into? This blog outlines the basic state requirements and options for planning boards.
The local planning board may take many forms and perform many roles. The core responsibilities are clearly set forth by state law. The General Statutes also grant fairly wide-ranging authority for additional responsibilities, giving local governments the ability to use the planning board in a variety of ways. Local ordinances, policies, and procedures may refine or adjust some of the provisions discussed here. Check with your local government planner and/or local government attorney to find out any special rules and provisions that may apply to the planning board in your community.
Balancing Interests
First up, consider the role of the planning board: to advise the governing board on the community’s future. Such a broad and weighty role demands strong and thoughtful planning board members. You can and should bring your personal experience, professional knowledge, and passion for your community to your work as a planning board member. Even so, it is imperative that you approach the work with a community-focused perspective. You are making recommendations and decisions for the whole community; you are not making recommendations and decisions for your own interests or the interests of your friends and business partners.
This demands that you address many big issues and balance many competing interests: individual benefits and community impacts, neighborhood preferences and broader necessities, property value increases and housing affordability, short-term gain and long-term resilience, infrastructure capacity and desire for development. As is the case for the governing board when they make a final decision on a legislative development matter, for the planning board there are some Considerations for Legislative Development Decisions that should be considered and some Impermissible Considerations for Legislative Development Decisions that must not be considered when making recommendations and decisions on zoning amendments and other legislative development decisions.
It is also true that land use planning and development regulations are just pieces of the much larger puzzle of a thriving community. There are many governmental factors that interrelate to planning, such as transportation, education, parks and recreation, social services, and more. Additionally, there are many factors beyond the scope of the planning board. Next, let’s consider the duties and responsibilities of the planning board.
Duties and Responsibilities
Advise on Comprehensive and Land Use Planning. Under G.S. 160D-301, planning boards are authorized “[t]o prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.” This general authority is emphasized by the relatively recent requirement that in order to enforce zoning, a local government must have a reasonably maintained comprehensive plan or land use plan. Such plans are adopted by the governing board “with the advice and consultation of the planning board,” following the standard legislative process outlined at G.S. 160D.601. For more on the planning requirements, check out this blog on Comprehensive Plans and Land Use Plans Required for Zoning.
Advise on Initial Zoning. Before a local government exercises the powers of zoning, it must designate a planning board (G.S. 160D-604(a)). The planning board prepares and/or reviews and recommends the proposed zoning regulation. The governing board may not hold hearings or take action on the initial zoning ordinance until the planning board has provided written recommendation regarding adoption.
Advise on Zoning Amendments and Plan Consistency. Proposed amendments to the zoning ordinance—text amendments or rezonings—must be submitted to the planning board for review and comment. As described in G.S. 160D-604(b), the planning board gets at least 30 days to review and comment. In carrying out its task of reviewing proposed amendments, the planning board is not required by state law to hold formal public hearings, but many local governments do require hearings by ordinance. If after 30 days of referral the planning board has not provided a written report, then the governing board may take action without planning board recommendation.
When the planning board reviews proposed amendments to the zoning ordinance, “the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive or land-use plan that has been adopted and any other officially adopted plan that is applicable.” The planning board may also review and comment on “other matters as deemed appropriate by the planning board” (160D-604(d)).
A planning board recommendation is advisory, not binding. Even if the planning board determines that a proposed zoning amendment is inconsistent with the comprehensive plan, that does not preclude governing board action and adoption of the amendment. For more on the procedures, take a look at this blog on Procedures for Legislative Development Decisions.
Advise on Other Ordinances. The planning board must have an opportunity to review and comment on zoning adoption and amendment; the planning board may have an opportunity to review and comment on adoption and amendment of other development ordinances under Chapter 160D. So, adoption of and amendments to the subdivision ordinance, minimum housing code, historic preservation ordinance, and other development regulations may be referred to the planning board for review and comment (G.S. 160D-604(c)). If the local ordinance calls for such referral to the planning board, then that procedural requirement is mandatory for local decision-making.
Additional Planning Duties. In addition to the above duties, the General Statutes grant planning boards broad authority for planning and plan implementation. As outlined at G.S. 160D-301(b), the local government may assign the planning board the following powers and duties:
- To prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
- To facilitate and coordinate citizen engagement and participation in the planning process.
- To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
- To advise the governing board concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. 160D-604.
- To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.
- To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.
- To perform any other related duties that the governing board may direct.
Some jurisdictions elect to grant all of the above powers to planning boards while others do not. Your local code of ordinances should identify which of the above powers have been granted to the planning board.
Additional Decision-Making
The planning board may be tasked with decision-making for certain development approvals and may be tasked with the duties (decision-making and all) of certain appointed boards. For planning boards tasked with handling different types of decisions, it is especially important to understand the substantive and procedural differences between those decisions, as outlined in the blog on Types of Development Decisions.
A planning board may provide final decisions on preliminary and final subdivision plats (G.S. 160D-803).
Planning boards may handle certain quasi-judicial decisions such as applications for special use permits (G.S. 160D-705). The planning board may perform some or all of the duties of a board of adjustment, if designated as such by the local governing board (G.S. 160D-302). So, some planning boards handle variance decisions, appeals of administrative zoning decisions, and appeals from the historic preservation commission. For each of these—special use permits, variances, appeals—the planning board is serving as a quasi-judicial board and must follow the procedural formalities for such decisions. This is a notable contrast from the advisory decisions that the board typically makes.
Additionally, as noted in the list of duties above, the planning board may “provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.” This role of preliminary forum for quasi-judicial decisions is peculiar. It may serve as a sort-of dress rehearsal for the eventual evidentiary hearing. But, the ultimate decision-making board cannot base its decision on the forum or a recommendation from the forum.
The planning board also may perform the duties of a historic preservation commission, if designated by the governing board (G.S. 160D-303). When serving as a preservation commission, the planning board must have at least three members with special interest, experience, or education in history, architecture, or related fields. Preservation commission duties include, among other things, quasi-judicial determinations for certificates of appropriateness for construction and alterations in a historic district.
Finally, the North Carolina Urban Redevelopment Law outlines specific additional roles for planning boards, referenced in the law as “planning commissions” (G.S. 160-500 et seq.). First, the planning board must certify areas as “redevelopment areas.” The local redevelopment commission then may craft a redevelopment plan. The planning board reviews and certifies a recommendation on that redevelopment plan before it is finalized and sent to the governing board (G.S. 160A-513).
Organization and Composition
As outlined at G.S. 160D-301, the statutes are flexible with regard to composition of the planning board. A planning board must have at least three members, but otherwise the size, composition, and organization are open to the local governing board’s discretion. As an alternative to establishing a planning board, a local government may assign the duties of the planning board to another board and local governments may create a joint planning board under Article 20 of Chapter 160A. While the governing board may take on the duties of some appointed boards, the governing board may not handle the planning board’s review and comment duties outlined at G.S. 160D-604. That must be performed by a planning board or another board separate from the governing board (160D-604(e)).
There are no specific qualification requirements for planning board members, except in cases where the planning board acts as a historic preservation commission (described above). The governing board may set procedures for soliciting, reviewing, and making appointments to the planning board (G.S. 160D-310). For municipalities that have extraterritorial planning jurisdiction, the planning board must include proportional representation for the extraterritorial area (G.S. 160D-307). Unless prohibited by charter or ordinance, a governing board may appoint nonresidents to serve on the planning board (GS 160A-60 & 153A-25). Terms for planning board members may be set by local ordinance, or members may serve for indefinite periods at the pleasure of the governing board.
As with any appointed board under Chapter 160D, members of the planning board must take an oath of office pursuant to G.S. 153A-26 and 160A-61 (G.S. 160D-309).
A local government may provide compensation to planning board members (G.S. 160D-301 & -502).
Rules of Procedure
Any board needs up-to-date and thorough rules of procedure to operate most effectively. G.S. 160D-308 provides that the local governing board may adopt rules for procedure for the planning board, and if the governing board does not adopt rules of procedure, then the planning board may do so. The adopted rules of procedure must be maintained by the local government clerk (or other designated official) and must be posted to the local government website, if one exists.
Conclusion
The planning board has an important role for land use planning and development regulations in North Carolina communities. This blog has outlined some of the duties and responsibilities, organization and composition, and other considerations for planning boards and planning board members.