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CS/SB 1080 — Local Government Land Regulation
by Rules Committee and Senator McClain
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Community Affairs Committee (CA)
Zoning Applications and Comprehensive Plan Amendments
The bill requires a local government to specify in writing the minimum information that must be submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. Such information must be available for inspection and copying, posted on the local government’s website, and provided to an applicant at a pre-application meeting.
The bill also provides that comprehensive plan amendments not approved at the second public hearing in the plan amendment adoption process must be approved within 180 days thereafter to avoid being deemed withdrawn.
Timeframes for Processing Development Permits and Orders
The bill establishes timeframes for which counties and cities must process applications for development permits and orders. Within five business days after receiving an application for the approval of a development permit or order, the local government must confirm receipt of the application to the applicant. Within 30 days of receiving an application, the local government must either notify the applicant in writing that the application is complete or specify any areas that are deficient. The local government must approve, approve with conditions, or deny the application within 120 days of deeming the application complete, or 180 days if the application requires a quasi-judicial or public hearing.
Additionally, the bill requires the local government to issue specified refund amounts to applicants for failing to meet the prescribed timeframes in the bill.
Impact Fees and Building Code Fees
Current law provides limitations on impact fee increases imposed by local governments, requiring an increase to be phased-in over specified time periods depending on the rate of the increase. However, the phase-in limitations do not apply if the local government completes a study justifying the increase and demonstrating extraordinary circumstances necessitating the need to exceed the limitations, holds two public hearings, and receives approval by at least a two-thirds vote of the governing body. The bill prohibits a local government from increasing impact fees using extraordinary circumstances methodology if the local government has not increased the impact fee within the past 5 years. The bill increases the vote threshold to a unanimous vote of the governing body and requires such increase to be implemented in at least two but not more than four equal annual increments. These provisions take effect on January 1, 2026.
The bill also provides that alternative fees to school district impact fees must meet certain concurrency tests in order to be collected, charged, or imposed; and expands the use of revenue from building code fees and fines to also be used for carrying out processes and enforcement related to obtaining or finalizing building permits.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect October 1, 2025, except as otherwise provided.
Vote: Senate 29-8; House 84-29