HF1136

Purpose

This bill establishes standardized procedures for how government entities review and decide on building-related applications. It aims to speed up decisions, increase transparency about why a request is denied, and clarify what happens if a decision is delayed or if votes fail.

Key Definitions and Players

• Agency: any state department/agency, city/county/town, school district, metropolitan or regional entity, or other political subdivision that reviews building-related requests.
• Request: a written application for a building permit or related matters (zoning, septic systems, watershed district reviews, soil and water conservation district reviews, or expansion of the metropolitan urban service area) for which the applicant seeks a permit, license, or other government approval. Requests must be written on an agency form if one exists; can be rejected as incomplete if not on the proper form; must clearly identify the specific permit or approval being sought on the first page.
• Applicant: the person submitting the request, who may designate a designee to act on their behalf; actions or notices to the designee are treated the same as if given to the applicant.

Main Provisions

• Timeframe for decisions: Agencies must approve or deny certain building-related requests within 60 days (with some specified exceptions). This applies to building permits and related requests for zoning, septic systems, watershed district reviews, soil and water conservation district reviews, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval.
• Consequences of not deciding:
  • In general, if an agency does not deny a request within 60 days, there are rules about what that delay means (with specific language about determinations that may or may not constitute approval depending on the context).
  • For building permit decisions, failure to deny within 60 days is subject to additional rules, including potential fee refunds when the decision takes longer than 60 days.
• Denial decisions and written reasons:
  • If an agency denies a request, it must provide written reasons at the time of denial.
  • For denials by a multimember governing body, the reasons must be stated on the record and provided to the applicant in writing. If the written statement is not adopted immediately, it must be adopted at the next meeting before the decision window expires. The written statement must align with the reasons stated on the record and must be provided to the applicant upon adoption.
  • If an agency other than a multimember body denies the request, it must provide written reasons at the time of denial.
• Record of votes and denial:
  • If a vote on a motion to approve a request fails, that failure constitutes a denial, provided those voting against the motion state their reasons on the record.
  • A denial based on a failure to approve a resolution does not prevent the applicant from immediately submitting a same or similar request.
• Fee refunds:
  • If a building permit decision is issued more than 60 days after receipt of the application, the agency must refund all relevant permitting fees to the applicant within five business days of the decision.

Significant Changes to Law

• Introduces a uniform 60-day decision deadline for a broad set of building-related requests.
• Mandates written, on-record reasons for denials by both single-entity agencies and multimember governing bodies.
• Requires written statements of reasons to be provided to applicants, with timing rules for adoption.
• Establishes consequences for delays in building permit decisions, including mandatory fee refunds.
• Clarifies procedures for incomplete requests, designees, and how decisions are recorded and communicated.

Practical Impact

• Applicants can expect clearer timelines and faster progress on building-related applications.
• Government entities face a structured process for decision-making with explicit timeframes and documented rationales.
• The process improves transparency, accountability, and consistency in how denials are communicated and recorded.
• The possibility of fee refunds introduces a financial incentive for timely decisions on building permits.

Potential Considerations

• Some provisions about automatic approvals versus denials after 60 days may interact with other laws, requiring careful interpretation of the 60-day rule in different contexts (e.g., building permits vs. other approvals).
• The requirement for on-record reasons and timely written statements may affect meeting procedures and recordkeeping for multimember bodies.

Relevant Terms agency request building permit permit application zoning septic systems watershed district review soil and water conservation district review expansion of the metropolitan urban service area applicant designee incomplete request written reasons denial approval on the record multimember governing body written statement refund of fees 60 days expeditiously compliance decision timeline notice of denial