The proposed bill would amend current statutes to prohibit municipalities from imposing certain requirements on home design and shared features in planned communities. Specifically, it would prevent municipalities from requiring the establishment of homeowners' associations for maintaining shared amenities or features, such as gates or fences, unless mandated by federal law. Additionally, the bill would restrict municipalities from interfering with a home buyer's right to choose various aspects of their home, including design elements and structural features. It would also prohibit municipalities from adopting codes or regulations that impose aesthetic standards or requirements on single-family homes and accessory dwelling units (ADUs).
Furthermore, the bill clarifies that these restrictions do not override existing building codes, fire codes, or public health regulations. It allows municipalities to require utility plans and specifies that the design restrictions do not apply to homes on historically significant land, tribal land, or in high noise zones near military facilities. The bill also includes definitions for terms such as "accessory dwelling unit" and "building codes," ensuring clarity in its application. Overall, if enacted, the bill would significantly limit municipal authority over home design and community features, promoting greater autonomy for homeowners and developers.
Statutes affected: Introduced Version: 9-461.15, 9-461.21, 33-1802, 33-1202
Senate Engrossed Version: 9-461.15, 9-461.21, 33-1802, 33-1202