Legislative Update – 1/30/2023

Last week was relatively quiet for land use planning legislation. Most of the introduced bills that we are tracking were actively moving through the Senate and House floors. We didn’t testify on any legislation last week. We expect a busier week ahead of us.

The week ahead

HB 337: Revise municipal zoning laws to prohibit certain minimum lot sizes. Katie Zolnikov (R) HD 45.

Hearing-01/31/23 (H)Local Gov. 3pm. Rm 472

Oppose

This bill is a zoning preemption bill for municipalities targeting lot sizes and setbacks. This bill grabs some language out of the first Governor’s Housing Task Force report that was later dropped for the final recommendations for a different approach. The specifics in the bill are not really in question as concepts, zoning reforms are something we support, but statewide mandates as specific as this bill proposes without due considerations of the implications are not something we support. There is a reason the Governor’s Housing Task Force recommended reforms that focuses on a menu of zoning reforms rather than this very specific mandate.

HB 299: Revise resolution and ordinance requirements re: land use regulation enforcement. Jedediah Hinkle (R) HD 67

Support

HB 299 fixes language that was adopted into law through passage of HB 257 during the 2021 legislative session that some jurisdictions have interpreted as compromising their authority to enforce lawfully adopted zoning regulations in certain instances.

On the horizon

These bills could have hearings as early as this week.

LC1465 – Require referendum to adopt growth policy. – This does exactly what is says it will do. It would require a referendum to adopt or amend a growth policy in cities or counties. We are opposed.

LC0590 – Revise Zoning Laws – This bill would prohibit counties from adopting minimum lot sizes in zoning, it would have a retroactive effect meaning it is applicable to existing zoning. If you work in or for a county that has Part II zoning, make your County Commissioners aware of this bill. We are opposed.

LC0624 – Revise municipal zoning to allow multifamily and mixed-use development – This is very much like HB 337 discussed above except it is focused specifically on multi-family. This bill draft just became available and the Legislative Committee has not reviewed it yet, but the arguments against HB 337 are applicable here as well.