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Restore Down-Zoning/Farmland & Floodplain

IntroducedHouse

Ref to the Com on Judiciary 3, if favorable, Housing and Development, if favorable, Rules, Calendar, and Operations of the House2025-03-03

No floor votes recorded.

This bill restores Henderson County's authority to initiate down-zoning (reducing permitted land uses or development density) without property owner consent, but only for two specific purposes: farmland preservation in agricultural districts and floodplain mitigation in federally designated flood hazard areas. The bill applies retroactively to December 11, 2024.

  • Supporters argue this bill protects valuable farmland and reduces flood risk by allowing local governments to implement necessary land-use restrictions without needing unanimous property owner approval.
  • They contend that farmland preservation and floodplain management serve important public interests—maintaining agricultural lands and preventing future flood damage—that benefit the broader community, not just individual property owners.
  • Opponents argue this bill limits property owners' rights by allowing government to restrict land uses without consent, which they view as a taking of property value without compensation.
  • They contend that owners should have control over how their land is zoned and used, and that local governments may over-use these exceptions to down-zone property beyond the stated purposes of farmland or flood protection.

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