The By-Right Housing Development Act aims to simplify the permit approval process for various housing developments, including single-family homes, townhouses, and accessory dwelling units (ADUs). It establishes a framework for by-right housing developments that can be approved without discretionary review if they meet specific criteria, such as not requiring federal or state discharge permits and not increasing impervious surfaces in flood hazard areas. The bill also allows political subdivisions to permit certain building provisions for single-family residences under 2,500 square feet and introduces third-party reviews of development documents and inspections if regulatory authorities do not act within designated timeframes.

In addition to streamlining the approval process, the bill amends existing zoning regulations by removing protest petition provisions for owner-initiated rezonings to single-family residential districts and clarifying that all land within city limits zoned for any residential use is considered zoned for single-family residential use. It also updates the procedures for considering zoning amendments, requiring a majority of planning commission members present and voting to recommend approval or denial, and stipulating that a three-fourths majority vote is needed for adoption if a protest petition is filed by property owners representing 20% or more of the affected area. The bill repeals certain existing statutes to facilitate housing development and will take effect upon publication in the statute book.

Statutes affected:
As introduced: 12-757, 12-758
As Amended by Senate Committee: 12-757, 12-758
As Amended by House Committee: 12-757, 12-758
{As Amended by House Committee of the Whole}: 12-757, 12-758
Enrolled: 12-757, 12-758