Legislative Updates

Land Use Task Force Update 12/20

December 20, 2020

Merry after-Christmas! Hope you all had a good one, even with all the COVID limitations.

Things are starting to roll out at the legislature. A few of the anticipated planning-related bills have been posted, so here they are:

HB63 – Impact Fee Amendments – this bill mainly just clarifies that an allowable cost that can be included in calculating impact fees are those for developing the facilities plan, the calculations for the impact fee, and the overhead costs for imposing the fees. This was always assumed to be permissible to include, but this bill now makes it more explicit.

HB23 – Voter Referendum Amendments – this bill relates primarily to land use referenda. It further defines what a land use law is that can be subject to a referendum, specifying that rezones of individual properties, as well as those for multiple properties, can be subject to referenda. This is in keeping with court rulings and generally accepted understanding that rezones are legislative actions, and thus are subject to referenda. The bill also allows for a referendum approved for the ballot after April 15 can, if all parties agree, be placed on a ballot in that same calendar year, rather than have to wait for an election the following year.

HB28 – Land Use and Eminent Domain Advisory Board Amendments – this bill simply removes the sunset provision for this Board, which advises the State Property Rights Ombudsman.

Some other bills that are in process are:

Impact Fees Exemptions Amendments

Initiatives and Referenda Amendments

Legislative Land Use Amendments

Municipal Boundary Modifications

Municipal Incorporation Amendments

Single-family Housing Modifications

Code Enforcement Records Amendments

Community Reinvestment Agency Amendments

Local Government Building Regulation Amendments

Municipal Annexation/Incorporation Amendments

Some of these we have talked about in previous reports. Others we’re not sure about yet.