Development Moratoria: The Law and Practice in North Carolina

Local governments engaged in development regulation are occasionally confronted with unforeseen issues, such as novel land uses or rapid changes in a particular area. Situations also may arise in which there are insufficient public services to support new development. It may become necessary to adopt temporary development moratoria in these situations to prevent problems while new plans and regulations are developed, debated, and adopted. This report examines the law on when and how moratoria on regulatory development approvals may be used. It also sets out how North Carolina cities and counties have used this tool, with a particular focus on their experience following adoption of a state statute on this topic in 2005.