District 55 Representative Mark Brody (of Union County) is sponsoring a bill (HB765) in the NC House that would virtually eliminate regulation of residential development by local governments in the entire state of North Carolina. Rep. Brody is a contractor by trade (as stated on his page), who if still active would be likely to personally benefit from this legislation. Imagine if the town for-profit firefighter also ran a business selling matches and lighter fluid. Then he helped pass a law allowing more bonfires with fewer safety inspections. Technically, he’s ‘just doing his job’—but clearly, it’s in his financial interest for things to burn.
Just like that, Rep. Brody — a contractor by trade — is making it easier and more profitable for developers to build. Meanwhile, representative government burns in North Carolina. This bill has already been flagged by the North Carolina League of Municipalities. NCLM survey.
While North Carolina has statutes on the books meant to prevent self-enrichment by public officials, they are riddled with loopholes and weakened by an honor-system enforcement model. This creates a toxic environment where lawmakers — including licensed contractors like Rep. Mark Brody — can quietly advance legislation that directly benefits their own bottom line, all without violating the letter of the law. NC scores poorly in this regard compared to other states.
Aside from the ballot box, the only pathway to any kind of accountability is if enough citizens file an ethics complaint – click here for the form.
You can also call and email the members of this committee who can kill the bill:
https://ncleg.gov/Committees/CommitteeInfo/House/2
Contact Representative Mark Brody:
Main Phone: 704-965-6585
Email: Mark.Brody@ncleg.gov
A Full-Frontal Assault on Representative Government
House Bill 765 is a legislative wrecking ball aimed squarely at North Carolina’s long-held cultural principle of home rule — the idea that local governments should make decisions that reflect the will of their residents. If passed, this bill would strip communities of their power to regulate growth, override local zoning laws, and expose public officials to legal attack for doing the job they were elected to do.
North Carolina technically follows Dillon’s Rule, which means local governments only have powers explicitly granted by the state. But culturally and politically, the state has long valued local control over land use and zoning, granting towns and counties significant discretion in shaping their growth. House Bill 765 shatters that balance.
This bill:
- Nullifies the voices of voters
- Erases local control
- Empowers developers to dictate land use policy
- Strips elected officials of their legal protections
- Punishes public servants for speaking on behalf of their constituents
A Blatant Payoff to Political Donors
Follow the money — the fingerprints of developer influence are all over this bill. As reported by Port City Daily News, the NC Home Builders Association and NC Realtors Association have funneled tens of thousands of dollars into the campaigns of the bill’s primary sponsors:
- Rep. Brody (a contractor) received $31,900 from the Home Builders and $14,000 from Realtors.
- Rep. Winslow (a home builder) took $12,150 from the Builders and $13,000 from Realtors.
- Rep. Zenger (a general contractor and developer) received $12,000 and $19,000 from Realtors.
- Rep. Cunningham took in $9,400 and a whopping $20,500 from Realtors.
This isn’t representation — it’s a return on investment for some of the state’s most powerful special interest groups.
Profits Over People
Developers love high-density housing because it’s the most profitable — more units per acre, lower infrastructure costs, and quicker turnover. But for residents, unregulated density means traffic congestion, overcrowded schools, strained utilities, and the destruction of community character – not to mention higher taxes to pay for the infrastructure that supports it.
HB 765 would prohibit local governments from considering the impacts of rezonings on nearby neighborhoods, essentially green-lighting whatever a developer wants — regardless of the consequences to the people who actually live there.
Silencing Elected Officials
Shockingly, the bill attacks free speech by banning elected officials from having a “fixed opinion” on any rezoning case — the very issues they campaign on. Imagine voting for a council member who promises to fight overdevelopment, only to be told they’re not allowed to have an opinion about it once elected.
This is not just undemocratic — it’s Orwellian. It prevents leaders from leading, and instead demands they serve as rubber stamps for developer interests.
Inviting Lawsuits and Legal Chaos
By removing common legal protections for public officials making zoning decisions, the bill opens them up to personal liability and floods municipalities with the threat of costly litigation. It invites developers to use the courts as a cudgel to force approval of projects that local voters and elected bodies oppose — creating a climate of fear, not fairness.
In short, House Bill 765 is not just bad policy — it’s a morally bankrupt, ethically compromised attack on democracy. It’s time for citizens, local leaders, and lawmakers with a spine to call this what it is: a cash-grab disguised as legislation, designed to turn our communities into profit centers for the politically connected.