BY REP. JEFF McNEELY
North Carolina’s affordable housing crisis has reached a critical juncture. With escalating housing costs and a growing population, the state faces mounting pressure to provide accessible housing options.
House Bill 765 (HB 765) is a legislative attempt to address these challenges by curbing local governments’ authority over building codes, design standards, and zoning regulations. While proponents argue that HB765 is essential for increasing housing supply and affordability, critics contend that it represents an overreach of state power, undermining local autonomy and potentially leading to unintended consequences.
The Case for HB 765
Supporters of HB 765 assert that restrictive local regulations have significantly contributed to the housing shortage. Exclusionary zoning practices, such as prohibitions on multi-family housing, excessive setback requirements, and stringent design standards, have limited the types and quantities of housing that can be developed. These regulations often inflate construction costs and impede the development of affordable housing units.
State Sen. Paul Newton, a proponent of similar housing reforms, highlighted the burdensome nature of local planning and zoning processes, describing them as a “torture chamber” that adds time and cost to building projects. He emphasized that streamlining these processes could facilitate the construction of more housing units, thereby addressing the supply-demand imbalance that drives up prices.
Furthermore, the North Carolina Home Builders Association has pointed out that local governments’ restrictive rules make it difficult to build certain types of housing, thereby exacerbating the affordability crisis.
Concerns Over State Overreach
Opponents of HB 765 argue that the bill undermines local control and disregards the unique needs and preferences of individual communities. By imposing state-level mandates, the bill could lead to a one-size-fits-all approach that fails to consider local contexts.
A recent controversy in Dare County illustrates these concerns. The state legislature allocated $35 million for affordable housing development in the area, but a provision in the state budget exempted the project from local zoning regulations. This move sparked backlash from local officials and residents, who felt sidelined in the decision-making process. Six towns in Dare County filed a lawsuit challenging the exemption, arguing that it violated the state constitution by applying only to a specific project.
Critics also warn that HB 765 could hinder the adoption of updated building codes, potentially compromising safety and energy efficiency standards. Delays in updating codes have already cost the state access to federal mitigation funds, and further hindrances could exacerbate this issue.
Finding a Balanced Approach
The debate over HB 765 underscores the need for a balanced approach that addresses the affordable housing crisis while respecting local governance. State intervention may be necessary to overcome barriers that local regulations pose to housing development. However, such intervention should be implemented thoughtfully, ensuring that it does not erode the ability of local governments to shape their communities in ways that reflect their unique character and needs.
Collaborative efforts between state and local authorities could yield more effective solutions. For instance, providing incentives for localities to adopt more flexible zoning practices, rather than imposing mandates, might encourage the development of affordable housing without infringing on local autonomy.
In conclusion, while HB 765 aims to tackle the pressing issue of housing affordability, it raises valid concerns about state overreach and the potential erosion of local control. A nuanced approach that fosters collaboration between state and local entities may offer a more sustainable path forward in addressing North Carolina’s housing challenges. As your representative, I’m willing to work with both our cities and county to help make affordable housing a reality. We have to fill our cities and towns with people, before we gobble up our farmland and create uncontrollable sprawl. I truly don’t believe that your State elected officials want to curtail the powers of our local elected officials. We just want good governance, and common sense regulations for all.
Rep. Jeff McNeely represents the 84th District in the N.C. House.
Why do you believe that our state legislators, including you, don’t want to take control away from local governments? There is no basis for that assumption when this Republican majority has done nothing for years but take more control of local elections, the role of the governor, the role of the elected state attorney general, the school systems, the community colleges, the universities, etc. I do believe you are prevaricating. NC state Republicans don’t ever act in balanced, nuanced, cooperative ways. Who do you think you’re fooling?