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NC House Bill 765 ("Local Gov. Development Regulations Omnibus")

The Alliance for Cape Fear Trees (ACFT) strongly opposes North Carolina House Bill 765 ("Local Gov. Development Regulations Omnibus"), introduced this month in the General Assembly. If passed, this sweeping legislation would strip municipalities of critical land-use authority, allowing for development that prioritizes speed and sprawl over local input, environmental sustainability, and long-term public health.

Despite its framing as an affordable housing measure, NC House Bill 765 is a radical bill that undermines local planning and public engagement processes. It removes key tools that communities use to manage growth and protect quality of life, including:

  • Mandating “by-right” density minimums based solely on population size—bypassing community input and environmental assessment;

  • Prohibiting municipalities from adopting street design standards that exceed minimal state requirements, threatening efforts to build walkable, tree-lined neighborhoods;

  • Eliminating voluntary Conditional Zoning agreements, which are essential to negotiating development that aligns with local sustainability goals.

While some developers work in good faith with communities, HB 765 caters to those who ignore local priorities—those willing to trade long-term livability for short-term profit. The bill’s sponsor, Rep. Jeff Zenger—a general contractor and developer—told the Carolina Journal, “We took all kinds of stuff and put it in, and the whole idea was to open up or unrestrict the building process.” This admission underscores what HB 765 truly is: a fast-track for private development, not a thoughtful response to housing needs.

This bill isn’t about affordable housing—it’s about developer convenience. It removes communities' ability to guide growth in ways that preserve tree canopy, manage stormwater, reduce heat, and enhance livability.

LET LOCAL LEADERS LEAD

North Carolina’s cities and towns are diverse. What works for Charlotte may not work for Wilmington. House Bill 765 ignores this reality, enforcing one-size-fits-all rules and eroding local democracy.

YOUR VOICE MATTERS

The Alliance for Cape Fear Trees urges residents across North Carolina to contact their representatives and demand they vote NO on House Bill 765. Our state's future depends on local voices guiding local growth.

Local representatives are listed below. Click on their name to send them an email—and also give their office a call while you're at it!

NEW HANOVER COUNTY

BRUNSWICK COUNTY

PENDER COUNTY

Worse still, HB 765 appears designed not only to preempt local land-use authority, but to intimidate and hamstring local decision-makers. The bill includes troubling provisions that:

  • Require city councils or county commissions to prepare fiscal notes for any ordinance that could impact the cost of a single-family home—and allows residents to take legal action if they don’t;

  • Prohibit elected officials from voting on any development regulation if they’ve expressed a “fixed opinion” beforehand;

  • Make consistency statements with comprehensive plans subject to judicial review; 

  • Expand legal grounds to challenge ordinances as “arbitrary or capricious,” inviting costly litigation.
     

Progress is possible only when municipalities have the authority to plan, negotiate, and enforce zoning that prioritizes green infrastructure and public wellbeing. These changes send a chilling message to local governments: if you speak out or try to act in the public interest, you could be silenced—or sued.

The Alliance for Cape Fear Trees urges residents across North Carolina to contact their representatives and demand they vote NO on House Bill 765!

Alliance for Cape Fear Trees

7 Beauregard Drive, Suite 2

Wilmington, NC 28412

contact@acftrees.org

© 2025 by Alliance for Cape Fear Trees

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