N.C. Gen. Stat. » Chapter 162A
NC General Statutes

N.C. Gen. Stat. § 162A-213 (2026)

Time for collection of system development fees

✓ current as of July 2026
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(a) Land Subdivision. - For new development involving the subdivision of land, the system development fee shall be collected by a local governmental unit at the later of either of the following:

(1) The time of application for a building permit.

(2) When water or sewer service is committed by the local governmental unit.

(b) Other New Development. - For all other new development, the local governmental unit shall collect the system development fee at the earlier of either of the following:

(1) The time of application for connection of the individual unit of development to the service or facilities.

(2) When water or sewer service is committed by the local governmental unit.

(c) If the system development fee is collected under subdivision (a)(1) of this section and the local governmental unit that charges or assesses the system development fee is different from the local governmental unit that issues the building permit, the local governmental unit issuing the building permit shall require proof of collection of the system development fee prior to issuance of the building permit.

(d) No system development fee shall be charged or assessed with respect to any new development for which a system development fee under this Article has been collected at the time of plat recordation involving the subdivision of land and the amount of capacity associated with that payment of the system development fee has not increased at the time of application for the building permit. If the amount of capacity is increased at the time of application for a building permit, then a system development fee may be charged for the difference in the amount of the increased capacity minus the system development fee previously paid under this Article. (2017-138, s. 1; 2018-34, s. 3(a); 2020-61, ss. 1(a)-(d), 2(a).)

 

§ 162A-214: Reserved for future codification purposes.

 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Adams Homes AEC (N.C. Ct. App. 2025).
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Adams Homes AEC (N.C. Ct. App. 2025). · cites it 4× “Such a payment schedule was explicitly prohibited by the legislature in N.C. Gen. Stat. § 162A-213, which creates a specific timeline for the collection of system development fees anchored on either the building of a structure or the connection of a structure to the service.”
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