HOUSE BILL NO. 2291 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CASTEEL.
5780H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 67, RSMo, by adding thereto one new section relating to applications for property developments.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be 2 known as section 67.486, to read as follows: 67.486. 1. As used in this section, the following terms mean: 2 (1) "Political subdivision", a local public body created under the Constitution of 3 Missouri or by the general assembly that exercises governmental functions for purposes 4 of a request made under this section; 5 (2) "Request", an application for a permit or any other kind of prior approval 6 from a political subdivision for a permit related to the construction of a new residential, 7 commercial, or industrial building or the repair or renovation of any such existing 8 building. 9 2. (1) If an applicant submits a request to a political subdivision, the political 10 subdivision shall approve or deny the applicant's request within thirty calendar days. 11 (2) If no response is received by an applicant within thirty calendar days, the 12 request shall be deemed approved and the applicant is authorized to proceed with the 13 construction as provided in the request. 14 (3) If the request is approved, the political subdivision shall not impose on the 15 applicant additional requirements related to the request. 16 (4) (a) If the political subdivision denies the request, the political subdivision 17 shall state in writing to the applicant the reasons for the denial.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2291 2
18 (b) The written denial shall consist of the following: 19 a. If the request relates to work that is stamped by a certified design professional 20 and such request is denied on the basis of the political subdivision's rejection of such 21 work, a detailed description of why the work of the design professional who stamped 22 such work is so inferior or so insufficient that the political subdivision cannot approve 23 the request; or 24 b. If the request is denied on the basis of a violation of a code provision 25 governing any part of the development or improvement that is the subject of the 26 request, a citation to the code provision the political subdivision determines has been 27 violated. 28 (5) The time limit in this subsection begins upon the political subdivision's 29 receipt of the applicant's request as indicated by the political subdivision's notification 30 to the applicant that the applicant's electronic submission was received or a receipt 31 provided to the applicant upon the in-person submission of such request. 32 3. (1) A political subdivision may deny an applicant's request under subsection 2 33 of this section as incomplete. 34 (2) The request is incomplete if the political subdivision determines the request 35 fails to contain all information required by law, or by rule, ordinance, or policy of the 36 political subdivision, adopted prior to the submission of the request. 37 (3) If the political subdivision denies a request as incomplete, the political 38 subdivision shall state in writing to the applicant the reasons for the denial of the 39 request as incomplete and provide the applicant ten calendar days during which such 40 applicant may resubmit the application with the requested information for a review in 41 the application's entirety for approval or denial as provided under subsection 2 of this 42 section. 43 (4) If an applicant resubmits a subsequent incomplete request after receiving a 44 written denial as incomplete, the political subdivision shall not issue a subsequent denial 45 of the request as incomplete for reasons not included in the denial for incompleteness of 46 the initial request. 47 (5) Nothing in this subsection prevents a political subdivision from denying any 48 resubmitted incomplete request for a reason related to the merits of the request rather 49 than the completeness of the request as provided under subsection 2 of this section. 50 4. If an applicant resubmits a request after receiving a written denial as required 51 under subsection 2 of this section, the political subdivision shall not issue a subsequent 52 denial that includes additional unrelated reasons for denial that were unspecified and 53 not included in the denial of the initial request. HB 2291 3
54 5. (1) The time limit in subsection 2 of this section shall reset only if, within 55 twenty calendar days of receipt of the applicant's initial request, the political subdivision 56 sends written notice to the applicant of the denial of the request as incomplete as 57 provided under subsection 3 of this section. 58 (2) If the denial of the request as incomplete by the political subdivision is after 59 twenty calendar days and before the time limit in subsection 2 of this section and the 60 applicant resubmits the application with the requested information for a review in the 61 application's entirety, the political subdivision shall have ten calendar days to approve 62 or deny the application based on the merits. ✔
Statutes affected: