Limitations on Local Anti-Growth Land Use Policies

Current law preempts any local governmental entity housing growth restriction (anti-growth law) that explicitly limits the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development unless it is a temporary, nonrenewable anti-growth law following a declared disaster emergency.

The bill clarifies that an anti-growth law also includes any restriction that explicitly seeks to impose additional restrictions or limitations on a particular housing type that exceed a governmental entity's zoning or building codes a generally applicable land use law that, in census urban areas as defined by the United States census bureau, explicitly decreases the permitted residential density or uses of land to less density or fewer uses than were allowed under its previous usage without ensuring a corresponding increase of residential density or uses elsewhere in the jurisdiction. The bill also clarifies when a local government must provide the option of paying a fee in lieu of land dedication for a private property owner whose property does not meet the local government's standards for dedication. The bill also permits a municipality to seek a judicial determination as to the legality of a proposed municipal initiative for a land use ordinance that restricts or limits the development or use of land that is submitted to the legislative body of the municipality, allows the owners of a property that is specifically subject to the proposed ordinance and persons designated as representing the petition proponents to intervene in the proceeding, and tolls the period within which the municipality is required to adopt the proposed initiated ordinance or call an election during the pendency of the judicial determination.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)