(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a board of adjustment consisting of five or more members, each to be appointed for three-year terms. In appointing the original members or in the filling of vacancies caused by the expiration of the terms of existing members, the governing board may appoint certain members for less than three years so that the terms of all members shall not expire at the same time. The governing board may appoint and provide compensation for alternate members to serve on the board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member.
(b) Duties. - The board shall hear and decide all matters upon which it is required to pass under any statute or development regulation adopted under this Chapter. The ordinance may designate a planning board or governing board to perform any of the duties of a board of adjustment in addition to its other duties and may create and designate specialized boards to hear technical appeals. If any board other than the board of adjustment is assigned decision-making authority for any quasi-judicial matter, that board shall comply with all of the procedures and the process applicable to a board of adjustment in making quasi-judicial decisions. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
Notes of Decisions
Deal v. City of Monroe (W.D.N.C. 2025).
· cites it 10× “” It has since been repealed and is now codified at N.C. Gen. Stat. § 160D-302, which reads in relevant part: “A local government may by ordinance provide for the appointment and compensation of a board of adjustment, consisting of five or more members, each to be appointed for…”
Deal v. City of Monroe (W.D.N.C. 2024).
· cites it 3× “) Because Board of Adjustment members cannot serve more than two consecutive terms of three years each, N.C. Gen. Stat. § 160D-302(a); Monroe City Code § 32.”
Ashe Cnty. v. Ashe Cnty. Plan. Bd. (N.C. 2025).
· cites it 3× “§ 160A-388(a); see also N.C.G.S. § 160D-302(b) (2023). Vacancies on such a board are filled by appointment of the governing body—in this case, the Ashe County Board of Commissioners.”
— N.C. Gen. Stat. § 160D-302(a) — 2 cases
Deal v. City of Monroe (W.D.N.C. 2025).
“” It has since been repealed and is now codified at N.C. Gen. Stat. § 160D-302, which reads in relevant part: “A local government may by ordinance provide for the appointment and compensation of a board of adjustment, consisting of five or more members, each to be appointed for…”
Deal v. City of Monroe (W.D.N.C. 2024).
“) Because Board of Adjustment members cannot serve more than two consecutive terms of three years each, N.C. Gen. Stat. § 160D-302(a); Monroe City Code § 32.”
— N.C. Gen. Stat. § 160D-302(b) — 1 case
Ashe Cnty. v. Ashe Cnty. Plan. Bd. (N.C. 2025).
“§ 160A-388(a); see also N.C.G.S. § 160D-302(b) (2023). Vacancies on such a board are filled by appointment of the governing body—in this case, the Ashe County Board of Commissioners.”
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