Since our initial discussion of House Bill 765 (HB 765) in April, the legislation has undergone revisions. While some controversial provisions have been removed, the bill still poses significant challenges to local governance, particularly for towns like Waxhaw.
North Carolina House Bill 765 — misleadingly titled the “Save the American Dream Act” — is one of the most aggressive preemption bills our state has ever seen. While its name evokes hope and opportunity, its actual effect is to strip towns like Waxhaw of the ability to shape their own growth, preserve community character, and protect residents from reckless development.
Let’s be clear: HB 765 doesn’t streamline development — it steamrolls local control.
What the Bill Does
HB 765 prohibits towns and counties from enacting or enforcing any land use regulation unless it is explicitly authorized by state law. This means:
- No more protective ordinances unless the state says you can have them.
- No more local innovation.
- And no more ability to say “no” when a project doesn’t fit your town’s vision.
Local governments would be reduced to rubber-stamping development that meets only minimal state requirements, no matter how harmful it might be to the community.
Local Rules That Would Be Wiped Out
Here are some examples of development regulations that would be invalidated under HB 765:
Tree Preservation
Waxhaw currently requires developers to preserve certain large trees and replant others to maintain the town’s green character. Under HB 765, this would be illegal unless state law expressly allows it — which it does not.
Impact: Clear-cutting would become the norm. Mature tree canopy that cools streets, filters stormwater, and increases property values would be lost.
Design Standards
Waxhaw’s code requires new developments to meet certain design standards that reflect the town’s historic charm and scale. This includes architectural styles, building materials, and façade guidelines.
Impact: Without these standards, developers could build generic, oversized, or even industrial-looking buildings next to historic homes, gutting the town’s character.
Traffic Impact Mitigation
Towns often require developers to help pay for or build road improvements (turn lanes, sidewalks, traffic signals) when large developments strain local infrastructure.
Under HB 765, local governments could not require this unless state law expressly says they can — which is very limited.
Impact: More traffic congestion, longer commutes, and unsafe roads — all paid for later by taxpayers, not developers.
Buffering and Landscaping
Many towns require landscape buffers between residential and commercial areas to protect quality of life and shield homes from noise, light, and traffic.
Impact: With no legal authority to require buffers, residents could wake up to gas stations or warehouses built just feet from their backyards.
The Hidden Costs of Preemption
Proponents of HB 765 claim it’s about affordability, but gutting local standards doesn’t lower housing costs — it just raises hidden costs for everyone else:
- Infrastructure failure: Roads, sewers, and stormwater systems will be overwhelmed.
- Neighborhood degradation: Without design standards and buffers, quality of life drops — and so do property values.
- Taxpayer burden: Developers walk away with profits, while towns are left holding the bag for fixing problems.
- Loss of identity: Unique towns like Waxhaw risk becoming indistinguishable sprawl.
Why This Matters to You
Towns across North Carolina are not all the same — and they shouldn’t be governed like they are. HB 765 is a top-down mandate that assumes Raleigh knows better than your town council, your planning board, or your neighbors.
It’s one-size-fits-all, and it doesn’t fit anyone.
What You Can Do
If you care about local control, responsible growth, and preserving the unique character of your community, now is the time to act. Click here for more resources.
📞 Call your state legislators.
✍️ Write emails.
📢 Speak up at town meetings.