The proposed bill introduces two significant acts: the By-Right Housing Development Act and the Permitting Approval Timeliness Act. The By-Right Housing Development Act mandates that all housing developments, including single-family homes, accessory dwelling units, and multifamily housing units that comply with zoning codes, must be approved by right without discretionary review from planning commissions or zoning boards. It also establishes definitions for key terms such as "accessory dwelling unit," "multifamily housing unit," and "permitting authority." Additionally, the act allows for regulatory authorities to monitor compliance with applicable regulations and provides a framework for appealing permit denials to district courts, ensuring that applicants can challenge decisions based on jurisdictional issues or abuse of discretion.
The Permitting Approval Timeliness Act requires permitting authorities to process permit applications within a specified timeframe, mandating a decision within seventy-five days of submission. If the authority fails to meet this deadline, the permit is automatically granted. The act also stipulates that if a permit is denied or approved with conditions, the authority must provide specific reasons for the decision based on established laws and regulations. Similar to the By-Right Housing Development Act, applicants have the right to appeal decisions to district courts, with the court reviewing the case de novo and having the authority to grant equitable relief and award attorney's fees to successful applicants.