Vested Rights

What are vested rights?

Vested rights are rights established by different means to undertake and complete the development and use of property. There are two types of vested rights:

are rights pursuant to North Carolina General Statutes (NCGS) §153A-344.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. Applications for vested rights may be made by the owner(s) of a property. You may pursue an application for development vested rights if you wish to undertake and complete the development and use of a property under the terms and conditions of an approved site specific development plan. The submission of a site specific development plan and development vested rights application does not guarantee approval.

are rights established by common law to undertake and complete the development and use of property based on substantial expenditures in good faith reliance on a valid governmental approval. Applications for common law vested rights may be made by the owner(s) of a property. You may pursue an application for common law vested rights if you have made substantial expenditures in good faith reliance on a valid governmental approval. The submission of a common law vested rights application does not guarantee approval.

How are vested rights regulated?

Chapter 42A, Land Development Code, Article XI (Review Processes and Procedures) Subpart F (Vested Rights) §42A-363 and §42A-365 provides the standards, regulations and procedures necessary to obtain vested rights.

Are any vested rights requests currently being considered?

Henderson County is not currently considering any vested rights requests. Current and previous vested rights requests may be viewed by clicking here.

How do I request vested rights?

Requesting vested rights involves specific steps and submission of certain required materials including an application. For specific information about requesting development vested rights please click here. For specific information about requesting common law vested rights please click here.