@NCCapitol

@NCCapitol

Bill prohibiting home design limitations moves forward

Posted June 8, 2015

Cities and counties would be unable to impose requirements with regard to color, siding style or window shape on new homes if a Senate bill approved Monday by the House Regulatory Reform Committee becomes law.

— Cities and counties would be unable to impose requirements with regard to color, siding style or window shape on new homes if a Senate bill approved Monday by the House Regulatory Reform Committee becomes law.

The next stop for the measure, which curbs local government's use of aesthetic controls, is the House floor. Similar measures have passed both the House and Senate in recent years, but a single bill has yet to pass the General Assembly.

"If I own property, I should not be restricted by the city or the county telling me what color it has to be or anything else," said Rep. Michael Speciale, R-Craven.

Fire codes and other safety rules still apply, as do restrictions imposed under historic district rules or voluntarily entered into as part of a homeowners association agreement.

The committee turned back an amendment that would have allowed cities to impose some design controls on houses being built in the middle of existing neighborhoods, a compromise sought by the North Carolina League of Municipalities.

That change would have allowed cities "to protect the property value of existing properties so the neighbors make sure the development is compatible with what's currently existing," said Erin Wynia, a lobbyist for the NCLM.

But backers of the bill said the amendment would gut the measure.

"You have to trust builders and landowners to build something that they can sell. So, they're simply not going to build things out of character with the neighborhood because they'd have a very difficult time trying to sell," said Mike Carpenter, a lobbyist for the North Carolina Home Builders Association.

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  • Amy Singleton Jun 9, 2015
    user avatar

    More useless "smaller government" from the state. Complaining about feds stepping on states rights as the hypocrites work to tread on municipal and county rights. All in the name of what doesn't matter because once people sign their convenance agreement they willingly subject themselves to the dues and regulations regardless of law. HOA's are the ones who are going to tell people what they can do with their property and what it must look like. Let's use the word "freedom" some more so we'll all feel good.

  • Jay Tanenbaum Jun 9, 2015
    user avatar

    Even though I believe that home requirements can get a bit stupid at times, once again our lovely GA is taking control away from local municipalities. I thought Republicans hated bigger central government. Oh, that's right, they only hate it when they aren't it power.