- within Real Estate and Construction, Transport and Insolvency/Bankruptcy/Re-Structuring topic(s)
On August 11, 2026, North Carolina Senate Bill 445 was enacted into law, providing relief for real estate developers on several fronts, including:
- Providing by-right residential redevelopment of a minimum height of up to 60 feet on parcels zoned for nonagricultural, commercial, business, or light industrial use in cities with a population greater than 80,000 located in counties with a population greater than 1 million (Charlotte, Raleigh, and Cary);
- Extending vested rights on site-specific vesting plans from a minimum of two to a minimum of five years, with the ability for local governments to extend vesting up to eight years, thereby strengthening protection from subsequently adopted development regulations;
- Capping glazing (glass and similar transparent elements) requirements at 35% of ground floor façade areas for commercial or mixed-use buildings and 20% for non-storefront uses;
- Mandating that local governments of cities outside coastal areas with a population of 50,000 or greater allow accessory dwelling units on lots with single family detached homes, while limiting local restrictions on ADU size, parking, ownership, and rental; and
- Requiring DEQ to approve for use as a new stormwater technology any prefabricated permeable block panel system approved for use in the State.
The legislation comes on the heels of other recent enactments that have eliminated minimum off-street parking requirements, limited stormwater runoff rules for redevelopment activities, and extended permit-choice to conditional rezonings. These changes underscore the ongoing attempts to reduce regulatory hurdles imposed by local governments on the development community.
The Moore and Van Allen Zoning, Entitlement and Land Use Group is available to address questions regarding these legislative matters and to otherwise assist in connection with your land use and entitlement needs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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