Durham mayor warns state law proposal would take power away from local leaders

City governments across the state are sounding the alarm about a provision in a Hurricane Helene relief bill that could limit the power local governments have in zoning decisions.

Durham Mayor Leonardo Williams said he is gravely concerned about Senate Bill 382, specifically section 160.

Williams said it is setting precedent on taking away zoning powers, which impacts how local governments can drive and direct growth.

“Let us plan and grow our communities the best way we see fit,” Williams said.

On Tuesday, Democratic Gov. Roy Cooper vetoed the bill. The legislation, if passed, would enact sweeping changes stripping power away from the governor and other executive branch offices won by Democrats in the 2024 elections.

"This legislation is a sham," Cooper wrote in his veto message. "It does not send money to Western North Carolina but merely shuffles money from one fund to another in Raleigh. This legislation was titled disaster relief but instead violates the constitution by taking appointments away from the next Governor for the Board of Elections, Utilities Commission and Commander of the NC Highway Patrol, letting political parties choose appellate judges and interfering with the Attorney General’s ability to advocate for lower electric bills for consumers."

Starting in January, the state will have several new Democratic officials in incoming Gov. Josh Stein, Lt. Gov. Rachel Hunt, Attorney General Jeff Jackson and Superintendent of Public Instruction Mo Green. If the legislature is able to override Cooper’s veto of SB 382, those officials will all have less power and influence than the current leaders in those offices. GOP leaders called the bill a Helene relief aid bill, but critics said it contained very little actual funding for western North Carolina and mostly focused on unrelated, more politically motivated issues.

Williams said zoning decisions are one of the few powers local governments have.

Williams provided the example of downzoning to put in a transit corridor or upzoning an area to develop economic opportunities.

“That allows us to create corridors for better transit options, which could contribute to economic development, moving people from point A to point B in an efficient manner and in a safe and fast manner,” Williams said.

The bill says the decision on down-zoning would be subject to written consent of that property owner. Now, the city holds the power to rezone.

“What my biggest fear is: This becomes a divide between the haves and the have nots,” Williams said. “Those who own land get to dictate how we grow as a community, versus those who do not own land. That's not how we should function.

“We should be able to all work together."

Williams says it's also more red tape.

"If I don't have the ability to truly proactively plan and mitigate growth and development in my city, I might as well pack my planning department up and send them home," Williams said.

Lawmakers will be back in session on Monday. Williams says he plans to be in Raleigh to discuss this provision with them.