Temporary yard signs are springing up all around town. Town council wants to reduce the clutter, but also wants to respect the free speech rights of the community. Council is considering new rules that will allow campaign signs during election … Read more

In North Carolina, a developer can get final plat approval before he completes the required infrastructure—but only if the developer provides financial assurance to guarantee the infrastructure completion. North Carolina’s General Statutes allow cities and counties to permit these performance … Read more

“Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record” (NCGS 160A-388(e2)). Without such evidence, the decision is arbitrary and an abuse of the discretion vested in the board (Godfrey v. Zoning Board of Adjustment, … Read more

Decades ago, a landowner recorded a plat to divide his tract of land into lots and streets. The lots were sold and developed with houses. Most of the streets were constructed and opened as public streets. But there is an … Read more

When the city council or county commission considers a rezoning or zoning ordinance amendment the board must approve a statement about the amendment’s consistency with adopted plans and public interest. According to the statute “[t]hat statement is not subject to … Read more

A decision about a rezoning request is legislative. A review of an application for a special use permit or variance is quasi-judicial. But what about the preliminary plat review? What type of decision is it: administrative, quasi-judicial, or legislative? What … Read more

Generally, development regulations like zoning and subdivision standards apply equally to all properties. But sometimes a particular property is unfairly burdened by the general rules, creating an unnecessary hardship for the owner. The general statutes authorize the local board of … Read more

Across North Carolina solar energy systems are filling pastures and cladding rooftops.  According to solar industry reports, North Carolina ranked second in the country, behind only California, for solar photovoltaic capacity added in 2013.  The rapid rise of the solar … Read more

So the county granted initial approval for a large residential subdivision.  Now, after completing some (but not all) of the roads and infrastructure, the developer wants final plat approval so she can close on the first round of lot sales.  … Read more

So you’ve got this extraterritorial planning jurisdiction, but how do you get rid of it? Fair question.  The statutes give clear procedures for establishing extraterritorial jurisdiction, or ETJ, but there is less clarity for relinquishment.  A good rule of thumb … Read more