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SECOND REGULAR SESSION
HOUSE BILL NO. 2291
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CASTEEL.
5780H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 67, RSMo, by adding thereto one new section relating to applications for
property developments.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be
2 known as section 67.486, to read as follows:
67.486. 1. As used in this section, the following terms mean:
2 (1) "Political subdivision", a local public body cr eated under the Constitution of
3 Missouri or by the general assembly that exercises governmental functions for purposes
4 of a r equest made under this section;
5 (2) "Request", an application for a permit or any other kind of prior appr oval
6 fr om a political subdivision for a permit r elated to the construction of a new res idential,
7 commer cial, or industrial building or the r epair or re novation of any such existing
8 building.
9 2. (1) If an applicant submits a req uest to a political subdivision, the political
10 subdivision shall appr ove or deny the applicant's reque st within thirty calendar days.
11 (2) If no res ponse is r eceived by an applicant within thirty calendar days, the
12 r equest shall be deemed appr oved and the applicant is authorized to pr oceed with the
13 construction as pr ovided in the requ est.
14 (3) If the r equest is appr oved, the political subdivision shall not impose on the
15 applicant additional req uirements rela ted to the r equest.
16 (4) (a) If the political subdivision denies the requ est, the political subdivision
17 shall state in writing to the applicant the reas ons for the denial.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (b) The written denial shall consist of the following:
19 a. If the r equest relat es to work that is stamped by a certified design pr ofessional
20 and such r equest is denied on the basis of the political subdivision's rej ection of such
21 work, a detailed description of why the work of the design pr ofessional who stamped
22 such work is so inferior or so insufficient that the political subdivision cannot appr ove
23 the requ est; or
24 b. If the req uest is denied on the basis of a violation of a code prov ision
25 governing any part of the development or impro vement that is the subject of the
26 r equest, a citation to the code provi sion the political subdivision determines has been
27 violated.
28 (5) The time limit in this subsection begins upon the political subdivision's
29 r eceipt of the applicant's request as indicated by the political subdivision's notification
30 to the applicant that the applicant's electr onic submission was r eceived or a receip t
31 pr ovided to the applicant upon the in-person submission of such reque st.
32 3. (1) A political subdivision may deny an applicant's requ est under subsection 2
33 of this section as incomplete.
34 (2) The requ est is incomplete if the political subdivision determines the req uest
35 fails to contain all information req uired by law , or by rule, ordinance, or policy of the
36 political subdivision, adopted prior to the submission of the r equest.
37 (3) If the political subdivision denies a requ est as incomplete, the political
38 subdivision shall state in writing to the applicant the reas ons for the denial of the
39 r equest as incomplete and pr ovide the applicant ten calendar days during which such
40 applicant may res ubmit the application with the r equested information for a revi ew in
41 the application's entiret y for appr oval or denial as pro vided under subsection 2 of this
42 section.
43 (4) If an applicant re submits a subsequent incomplete requ est after receivi ng a
44 written denial as incomplete, the political subdivision shall not issue a subsequent denial
45 of the requ est as incomplete for r easons not included in the denial for incompleteness of
46 the initial req uest.
47 (5) Nothing in this subsection preven ts a political subdivision fr om denying any
48 r esubmitted incomplete re quest for a r eason relat ed to the merits of the req uest rather
49 than the completeness of the req uest as prov ided under subsection 2 of this section.
50 4. If an applicant r esubmits a r equest after rece iving a written denial as r equir ed
51 under subsection 2 of this section, the political subdivision shall not issue a subsequent
52 denial that includes additional unr elated reas ons for denial that were unspecified and
53 not included in the denial of the initial r equest.
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54 5. (1) The time limit in subsection 2 of this section shall r eset only if, within
55 twenty calendar days of recei pt of the applicant's initial r equest, the political subdivision
56 sends written notice to the applicant of the denial of the req uest as incomplete as
57 pr ovided under subsection 3 of this section.
58 (2) If the denial of the requ est as incomplete by the political subdivision is after
59 twenty calendar days and before the time limit in subsection 2 of this section and the
60 applicant r esubmits the application with the r equested information for a rev iew in the
61 application's entirety , the political subdivision shall have ten calendar days to appr ove
62 or deny the application based on the merits.
✔
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