UDO Modernization Project
About the Project
The Unified Development Ordinance (UDO) Modernization Project aims to update the existing ordinance to reflect current trends and best practices, ensure compliance with legal requirements, and support the goals established in the Blueprint Brunswick Land Use Plan.
Click the tabs below to learn more about this project.
Latest Project Update
- Project consultants N-Focus Planning presented potential updates to the draft UDO during the Board of Commissioners regular meeting on Oct. 20, 2025. The consultants will use the feedback and direction given during this meeting to continue drafting the new proposed UDO, which will be brought back before the Board at a future public meeting for consideration. These proposed updates have not yet been officially adopted. This project has experienced external delays due to NC Senate Bill 382. Click the tab below to learn more.
Project Delays Due to Senate Bill 382
The UDO Modernization Project, which was initiated in Summer 2024 and was originally scheduled for completion in Summer 2025, has been delayed due to legislative changes enacted by the North Carolina General Assembly in December 2024. Session Law 2024-57 (Senate Bill 382) introduced new limitations on local governments’ zoning and land use authority. A key provision of this legislation — known as No Local Government-Initiated Down-Zoning Without Consent of Affected Property Owners — restricts local governments from altering zoning regulations that would result in a down-zoning of a property.
Senate Bill 382 represents a significant shift in zoning and land use practices statewide. While these changes to state law may offer stronger protections for individual property owners and are an attempt to clarify procedural elements, they have also created a challenging legal and regulatory environment that limits local governments' abilities to adjust their land use ordinances, potentially hindering their ability to plan effectively for future development.
The Brunswick County Board of Commissioners have expressed their concerns with SB 382 and other similar pieces of draft legislation to our state representatives in the NC General Assembly, particularly on how such laws further restrict Brunswick County’s ability to determine our own land use and development decisions and how it has hindered progress on the UDO Modernization Project.
While the full implications are still unfolding, local governments across North Carolina are working to interpret and adapt their ordinances and processes to ensure compliance with the new requirements. Brunswick County’s consultants at N-Focus Planning will continue to follow the latest information available on existing and potential legislation that could impact planning and zoning rules in our state as they continue to draft the proposed UDO changes in consultation with the County’s planning, legal, and administrative staff.
What is Down-Zoning?
Down-zoning is governed under NC General Statute 160D-601 (d) and is defined as any zoning map or ordinance amendment that does one of the following without the express written permission of all impacted owners:
- Decreases the development density of a parcel than previously permitted (i.e., a land owner cannot develop a parcel to the full extent allowed prior to the proposed zoning map or ordinance amendment)
- Reduces the number of permitted uses on a parcel
- Creates any type of nonconformity on land in a non-residential general zoning district (i.e., a larger buffer area or larger tree preservation area that makes a currently conforming development nonconforming, etc.)
Examples
Note: Any references to Brunswick County / the County refer to the areas of the county that fall under Brunswick County's planning jurisdiction (i.e., the unincorporated areas and the City of Northwest). Brunswick County's UDO does not apply to parcels within a town or city's jurisdiction (with the exception of the City of Northwest), which are governed by the zoning regulations of that municipality.
- Example: If a retail store is permitted in the Rural Low Density Residential (RR) general use zoning district under the current ordinance, an amendment cannot eliminate this opportunity for the owners of property zoned RR throughout the rest of the Brunswick County.
- Example: If staff are eliminating an existing permitted land use within the RR general use zoning district, all impacted property owners (i.e., every property owner who owns RR zoned property within the County at the time of the proposed ordinance change must submit written consent. Without this consent, the amendment cannot move forward.
Proposed Recommendations & Board Direction (Not Official)
On Oct. 20, 2025, consultants at N-FOCUS Planning asked the Board for guidance on several options for the approval processes and authorities for Text Amendments, Conventional Rezonings, Conditional Rezonings, Planned Developments (PD), Subdivisions, and Site Plans. Click the tabs below to learn more about the proposed recommendations and direction for each process. These proposed updates have not yet been officially adopted and apply to the new UDO currently in draft form, not the existing ordinance.
Text Amendments (Not Official)
Direction
No recommended change to current process.
Current Process
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Planning Board Review & Recommendation to County Commissioners
- Commissioners Hold Public Hearing & Decision
- Appeal to Court
Public Participation & Input Opportunities
- Public comment period during Planning Board meeting
- Public hearing during Board of Commissioners meeting
- Submit written or verbal comments to Planning staff anytime up to final decision
- Opportunity to appeal
The Planning Board reviews and provides a recommendation after a public comment session. The Commissioners then hold a fully advertised public hearing and make the final decision. The Board of Commissioners will hold a fully advertised public hearing and make the final decision during a regularly scheduled meeting.
Conventional Rezonings (Not Official)
Direction
No recommended change to the current process.
Current Process
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Planning Board Hearing & Final Decision
- Appeal to County Commissioners
- Appeal to Court
Public Participation & Input Opportunities
- Public hearing during Planning Board meeting
- Submit written or verbal comments to Planning staff anytime up to final decision
- Opportunity to appeal
Conventional rezonings are typically non-controversial items. The Planning Board holds a fully advertised public hearing before taking any action on conventional rezonings. Anyone with standing may appeal the Planning Board’s decision to the Board Commissioners; the County Commissioners will hold a new (de novo) public hearing before making a final decision on the appeal.
Conditional Rezonings (Not Official)
Direction
No recommended changes to the current process. These projects typically include site plans and lists of land uses and conditions.
Current Process
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Neighborhood Meeting
- Planning Board Hearing & Final Discussion
- Appeal to County Commissioners
- Appeal to Court
Public Participation & Input Opportunities
- Neighborhood meeting
- Public hearing during Planning Board meeting
- Submit written or verbal comments to Planning staff anytime up to final decision
- Opportunity to appeal
The Planning Board holds a fully advertised public hearing before taking any action on conditional rezonings. Anyone with standing may appeal the Planning Board’s decision to the County Commissioners, who will hold a new (de novo) public hearing before making a final decision on the appeal.
Planned Developments (Not Official)
Direction
Recommended changes to current process.
Proposed Changes to Process
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Neighborhood Meeting NEW
- Planning Board Hearing & Final Discussion
- Appeal to County Commissioners for Public Hearing & Decision NEW
- Appeal to Court
Public Participation & Input Opportunities
- Neighborhood meeting
- Public hearing during Planning Board meeting
- Submit written or verbal comments to Planning staff anytime up to final decision
- Opportunity to appeal
If formally approved, Planned Developments (PD) would follow the Conditional Rezoning process instead of the Site Plan process. This gives more opportunity for public input and allows appeals to go to the County Commissioners. It also would shift Planned Development review from a technical review (i.e., whether the project meets County ordinances or not) to a legislative process, giving boards more flexibility and expanding review criteria. Neighborhood meetings would be required for Planned Developments instead of being a voluntary opportunity. (Note: Currently, neighborhood meetings are voluntary but highly encouraged by Planning staff. Many applicants already hold a voluntary neighborhood meeting before the project goes before Planning Board.)
Subdivisions (Not Official)
Direction
Recommended changes to current process.
Proposed Process (100 lots or fewer)
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Neighborhood Meeting NEW
- Staff Decision (Planning staff will review and approve subdivisions that meet ordinance requirements [this is not a discretionary review—it is a technical review to determine whether the project meets County ordinances or not]) NEW
- Appeal to Board of Adjustment
- Appeal to Court
Proposed Process (101+ lots) – Same as Planned Development (PD) Process
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Neighborhood Meeting NEW
- Planning Board Hearing and Final Discussion
- Appeal to County Commissioners for Public Hearing and Decision NEW
Public Participation & Input Opportunities
- Public hearing during Planning Board meeting
- Submit written or verbal comments to Planning staff anytime up to final decision
- Opportunity to appeal
If formally approved, a new process for Subdivisions would create a new limit of 100 lots (currently there are no limits to the number of lots). Projects with more than 100 lots will be required to go through the Planned Development process (see tab above). Planning staff will continue to review and approve subdivisions that meet ordinance requirements (this is not a discretionary review—it is a technical review to determine whether the project meets County ordinances or not). Neighborhood meetings will be required to allow community discussion and notification. Action on Subdivision proposals is not discretionary but technical (i.e., whether the project meets County ordinances or not).
Site Plans (Not Official)
Direction
No recommended changes to the current process for projects less than 75,00 sq ft. Recommended changes to the process for projects with more than 75,000 sq. ft.
Current Process (Projects less than 75,000 sq. ft.)
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Staff Decision (Planning staff will review and approve subdivisions that meet ordinance requirements [this is not a discretionary review—it is a technical review to determine whether the project meets County ordinances or not])
- Appeal to Board of Adjustment
- Appeal to Court
Proposed Process (Projects more than 75,000 sq. ft.)
- Pre-Application Conference
- Application Submittal and Technical Review Committee Review
- Staff Decision (Planning staff will review and approve subdivisions that meet ordinance requirements [this is not a discretionary review—it is a technical review to determine whether the project meets County ordinances or not]). NEW
- Appeal to Board of Adjustment
- Appeal to Court
At present, Planning staff approves all Site Plan proposed projects with less than 75,000 square feet of heated space. Very few projects are submitted over 75,000 square feet (about one every few years). Larger projects typically fall under Planned Development review (see tab above). Action on Site Plans proposals is not discretionary but technical (i.e., whether the project meets the County's ordinances or not).