And a couple more bills out.
This one is interesting. Not sure it will really go anywhere, but we’ll see. HB544 – County Land Use Authority Amendments. As the title says, this applies to counties only, and appears to be addressing a situation I think happens not infrequently where a property has dubious credentials, or none at all, and it’s hard to figure out if it is entitled to a building permit as a legal lot. What this bill does is define what a “qualifying parcel” is (several ways to do that), and then says if the parcel can meet currently required setback provisions, can be approved by utility and health authorities, and a portion can be dedicated for street frontage, then the parcel is entitled to a building permit. So far to movement on the bill, but it was just released a couple days ago.
This next bill, from what I understand, was originally a much more “onerous” bill, but after consultation with local land use experts, was toned down and is now much more acceptable. The bill, SB284 – Local Land Use Modifications, is sponsored by Senate Rules Chair and current Commission on Housing Affordability Co-Chair Lincoln Fillmore, so it has some juice behind it. And indeed, since being released day before yesterday, the bill has already been assigned to a committee for hearing, which meets again next Tuesday. Here’s a quick rundown of what this bill does:
- Strikes the language from LUDMA that says a failure by the Planning Commission to make a recommendation to the governing body on an application may be considered a negative recommendation
- Requires local governments to have their land use regulations and associated fees online (an exception if the jurisdiction is not in the digital age yet)
- The legislative body can proceed with action on a proposed land use regulation if the PC fails to make a “timely” recommendation (doesn’t say what “timely” is)
- Requires local governments to publish online checklists, fees, and standards for specific land use applications and processes
- Pulls all the language regarding exactions for water interests into a new section, and makes some changes
- Prohibits the local governing body from acting as an appeal authority
- Limits those who can participate in or speak at an appeal hearing to those directly involved
There are some other more technical corrections, but these are the main ones.
I’m hearing plenty of churn going on over other bills, but so far nothing to report. Likely will be soon…
