ANNEXATION OF PUV LAND/SCHOOL CAPACITY. (NEW)

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View NCGA Bill Details2025-2026 Session
House Bill 348 (Public) Filed Monday, March 10, 2025
AN ACT TO PROVIDE THAT PRIOR TO ANNEXING CERTAIN PRESENT-USE VALUE PROPERTY, A CITY MUST OBTAIN APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS.
Intro. by McNeely, Penny, Huneycutt, Jeffers.

Status: Re-ref Com On Finance (House action) (Apr 30 2025)

SOG comments (1):

Long title change

Previous title was AN ACT TO INCREASE THE CARRYFORWARD OF DEFERRED PROPERTY TAXES FOR PRESENT-USE VALUE PROPERTIES FROM THREE YEARS TO SIX YEARS, TO CREATE A LOCAL GRANT PROGRAM USING THE EXCESS FUNDS CREATED THEREBY TO PROVIDE GRANTS TO ELIGIBLE FARMERS, AND TO PROVIDE THAT PRIOR TO ANNEXING CERTAIN PRESENT-USE VALUE PROPERTY, A CITY MUST OBTAIN APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS.

H 348

Bill Summaries:

  • Summary date: Apr 30 2025 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends the act's titles.

    Removes Section 1, Section 2, and Section 3 from the previous edition, which concerned the farmer’s assistance grant program and deferred agricultural taxes.

    Renumbers the previous Section 4 as Section 1, and the previous Section 5 as Section 2, and makes other conforming changes.

    Changes the text of proposed GS 160A-58.2, subsection (c), to require that the city council direct their planning department to consult with the county planning department with jurisdiction over the area to be annexed before a public hearing under the statute. Replaces “is willing” with “agrees” in the proposed text of subsection (d) for a city agreeing to pay the cost to come into compliance with school capacity in order to proceed with an annexation ordinance when the board of county commissioners does not approve the annexation.

    Makes the act effective and applicable to all petitions for annexation on or after July 1, 2025.


  • Summary date: Mar 10 2025 - View Summary

    Enacts the Farmers’ Assistance Grant Program (Program), administered by both counties (new GS 153A-466) and cities (new GS 160A-499.11), as follows. Requires county and city governing boards or councils to create a fund consisting of the deferred taxes in GS 105-277.4, in accordance with the requirements of the Local Government Budget and Fiscal Control Act, as amended, to provide grants to eligible farmers located within the local government’s borders to support the continued vitality of the State's unique and historic agricultural, horticultural, and forestry-related economies. Provides for an application created by the Department of Revenue (DOR). Requires governing boards or councils to create guidelines, as described, to administer the fund. Limits grant awards to an eligible farmer per year to the lesser of either $10,000 or 10% of the then available funds. Defines agricultural land, Board or Council, eligible farmer, fund, forestland, and horticultural land. 

    Requires DOR to create and provide counties and local government with copies of the Program application, as described, by no later than December 1, 2025.

    Effective upon the earlier of (1) the date the act becomes law or (2) October 1, 2025.

    Increases the years of deferred taxation for agricultural lands that are due and payable when a property loses its eligibility for deferral as a result of a disqualifying from three fiscal years to six fiscal years under GS 105-277.4 Makes conforming changes to account for use of deferred taxes due and payable for each year after the most recent preceding three fiscal years, and ending with the most recent preceding sixth fiscal year for the provision of Program funds. Effective for taxes imposed for taxable years beginning on or after July 1, 2026. Instructs that properties already having three or more years of deferred taxes as of the date the act becomes law must phase in to the first year of the extended carryforward (year four of six), beginning July 1, 2026.

    Adds a pre-hearing requirement to GS 160A-58.2 (public hearings held pursuant to a petition for municipal annexation) as follows.  Requires the city council to direct planning department to determine whether zoning the area for residential use will increase the number of students attending public school in the county in which the area is located to more than 100% of the county's current capacity if the area meets all of the following: (1) is agricultural land, forestland, or horticultural land; (2) is not contiguous to the city's primary corporate limits; and (3) is not within the city's extraterritorial planning jurisdiction.  If that is the case, then requires county approval before the city may annex the area. If the county with jurisdiction over the area does not approve the annexation, then city cannot proceed with the annexation unless it is willing to pay the county the amount necessary to come back into compliance with school capacity. Applies to petitions for annexation received on or after July 1, 2025.