Most tax foreclosure sales involve vacant, unloved properties.  But not always. The risk of homelessness is one reason that the General Assembly and our courts demand that taxpayers’ property rights are adequately protected during the foreclosure process.  A key to … Read more

Seemingly clear, objective development regulations may be the subject of debate and interpretation. Is that new business unlawful? Was the notice of violation correctly issued? Does the proposed development meet the applicable standards? Did the administrator correctly interpret the regulation? … Read more

Quasi-judicial zoning decisions can be confusing creatures: They are zoning decisions, but they function in some ways like court cases. They require an elected or appointed board to make a decision about a proposed development project, but the board’s discretion … Read more

Almost a decade ago, the North Carolina General Assembly passed Session Law (“S.L.”) 2012-126, which provided counties with new options to organize and govern their human services functions.  S.L. 2012-126 allowed any board of county commissioners (“BOCC”) in a county … Read more

5/9/22 Update: U.S. Treasury released an updated set of Final Rule FAQs on April 27, 2022, that helped clarify the program income reporting requirements. FAQ 13.11 stipulates that the addition method set forth in 2 C.F.R. 200.307(e)(2) applies to program … Read more

[EDIT: On July 8th, 2022, Session Law 2022-54 was enacted and made several key changes to remote oath administration by notaries. See Sections 10B-25 and 10B-31 for these changes. This new law governs whether and how notaries may administer remote … Read more

US Treasury issued the Final Rule of the Coronavirus State and Local Fiscal Recovery Fund program of the American Rescue Plan Act of 2021 (ARP/CSLFRF) in January 2022. With more complete information, local government officials are now looking to finalize (at least … Read more

As we continue to wrestle with S.B. 473 and its impact on local governing boards, several additional questions have arisen. I’ll address two of the most common (and interesting!) here.

As part of a broader decriminalization effort in North Carolina, most development regulations may no longer be enforced criminally. This blog outlines the new restrictions and limited exceptions.

They can’t park all of those cars in the front yard! That subdivision street is not being built to standard! That newly permitted storage facility has not installed the required fencing to ensure community safety!  What’s the town to do? … Read more

UPDATE April 15, 2023: Premium pay is only authorized through the end of the COVID-19 national emergency. That ended on April 10, 2023, thus according to SFLRF FAQ 4.11, premium payments may no longer be made from ARP/CSLFRF funds as … Read more

To date, 28 counties in North Carolina have established consolidated human services agencies (“CHSAs”). All but one of these 28 agencies include both public health and social services.  When a board of county commissioners (“BOCC”) decides to establish a new … Read more

US Treasury issued the Final Rule implementing the Coronavirus State and Local Fiscal Recovery Fund program of the American Rescue Plan Act of 2021 (ARP/CSLFRF) on January 6, 2022. There are several significant changes from the Interim Final Rule (IFR), … Read more

UPDATE: In April 2022, Treasury published updated audit requirements for APRA funds for some local governments. Units that have federal single audit expenditures that meet or exceed $750,000 only because of ARP expenditures may opt to have a Compliance Examination … Read more

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 … Read more

I’ve recently received several questions regarding who must take an oath of office in the human services field. Some of the answers to these questions are straightforward. North Carolina courts have determined that the director of a county department of … Read more

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