Kill Devil Hills commissioners unanimously oppose state zoning legislation
Published 4:49 pm Monday, April 28, 2025
- Meredith Guns presented the technical and legal ramifications of House Bill 765, highlighting its immediate requirement for municipalities to produce detailed fiscal analyses for every zoning or map amendment. Courtesy Town of Kill Devil Hills
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In a decisive move to protect local governance and planning authority, the Kill Devil Hills Board of Commissioners unanimously adopted a resolution opposing House Bill 765 and similar legislation that would significantly diminish municipal control over zoning and development decisions.
At the heart of the commissioners’ concerns is the sweeping impact the proposed state bill would have on the town’s ability to manage land use and community planning. Planning director Meredith Guns presented the technical and legal ramifications of the bill, highlighting its immediate requirement for municipalities to produce detailed fiscal analyses for every zoning or map amendment — a process she described as a “huge endeavor.”
“These fiscal notes must project how changes will affect property values, residential construction, and housing affordability,” Guns said. “Not only is there minimal guidance on what data we’re supposed to provide, but the bill also introduces legal risk — if our projections are off, that could be used against the town in court.”
Guns warned that the legislation could drastically undercut the town’s ability to require parking standards, dictate the number and/or layout of parking spaces, and possibly enforce minimum lot sizes. Instead, municipalities would be restricted to regulating development using only units per acre — a shift that could affect both commercial and residential projects.
Additional provisions of the bill would prohibit towns from requiring sprinkler systems and from regulating the short-term or long-term use of housing units. The potential scope of the bill, Guns noted, could expand further depending on changes to the population thresholds currently written into the law.
Commissioners voiced frustration and alarm at the implications of the bill, citing the erosion of local control and the marginalization of community input.
“This is just a slap in the face to our citizen input,” said commissioner Terry Gray. “My suggestion is that we form a group to go to Raleigh and tell them — this ain’t cutting it for us.”
Commissioner BJ McAvoy echoed the sentiment. “Some of the best things we do as towns come from having control over development. If the state takes that away, what’s the purpose of even having these boards? How could any municipality not be upset about this?”
Mayor Pro Tem Ivy Ingram questioned the response from statewide organizations such as the North Carolina League of Municipalities, expressing concern about the lack of a coordinated municipal front. “It just seems that they are not the go-to they used to be,” Ingram said. “I’m not saying we can’t, but it sure doesn’t seem like they are as willing to go to rally on certain things as they used to.”
Town manager Debora Diaz explained that while the League may have had time to further analyze the bill, the issue remains fundamentally different from past challenges like hurricane-related legislation. She pointed to an article from Wilmington’s Port City Daily that sheds light on the bill’s backing from local groups, including the North Carolina Board of Realtors and the Home Builders Association. These organizations appear to arguing that the bill would ease housing restrictions and improve access to affordable homes.
Following discussion, the board voted unanimously to adopt the resolution opposing the bill. Board members also agreed to pursue further outreach to other coastal towns and municipalities across the state in hopes of coordinating a broader response.
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