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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1545 By: Kirt
AS INTRODUCED
An Act relating to cities and towns; creating the Yes
In God’s Backyard Act; providing short title;
providing legislative intent; defining terms;
allowing faith-based organizations to apply to
construct certain project; providing certain
requirements for certain project; requiring municipal
approval within certain time frame; prohibiting
municipality from taking certain actions; preempting
certain zoning regulations; permitting certain
benefits for certain projects; providing for certain
ineligibility; requiring the Oklahoma Housing Finance
Agency to monitor certain compliance; providing for
noncodification; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the “Yes In
God’s Backyard Act”.
B. 1. It is the policy of this state, in order to address
housing shortages and enhance affordability of housing, to authorize
faith-based organizations to develop affordable housing as a use-by-
right on properties owned by such organizations.
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2. This act aims to leverage underutilized properties owned by
faith-based organizations for community benefit by increasing
housing access, reducing regulatory barriers, and promoting mixed-
use community-focused development.
3. The approval of projects under the provisions of this act
are to be made based on objective and transparent standards,
ensuring both operational flexibility for faith-based organizations
and alignment with local housing needs.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 38-150 of Title 11, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Active ground floor” means a portion of the ground floor of
a structure dedicated to public-facing or commercial uses,
including, but not limited to, retail spaces, restaurants, or
community centers;
2. “Affordable housing” means housing units designated for
households earning no more than eighty percent (80%) of the Area
Median Income (AMI), as defined by the United States Department of
Housing and Urban Development (HUD) income limits and rent schedules
that are mandated to maintain affordability restrictions for a
minimum period of thirty (30) years;
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3. “Ancillary uses” means additional uses within eligible
developments that support and complement the primary mission of the
faith-based organization, including, but not limited to:
a. child care,
b. social services,
c. educational spaces, and
d. small-scale commercial spaces, including, but not
limited to, bookstores, cafés, or food distribution
centers, that are less than or equal to three thousand
(3,000) square feet in area;
4. “Development site” means land owned, leased, or controlled
by a faith-based organization that is eligible for residential,
commercial, or mixed-use development. This term includes sites
located in an area zoned for single-family, duplex, commercial,
office, institutional, civic, and multifamily zones, but does not
include sites in an area zoned for light and heavy industrial use
unless residential uses are specifically permitted by such zoning;
5. “Faith-based organization” means a religious institution,
including a church, temple, mosque, synagogue, or religious higher
education institution, that directly owns or leases a development
site involved in a project;
6. “Housing unit” means a residential dwelling, including an
apartment, townhome, or single-family residence, that is intended
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for use by one household and provides such household with areas for
living, sleeping, cooking, and sanitation;
7. “Mature trees” means trees on a development site that have
either:
a. a minimum trunk diameter of twelve (12) inches
measured at four and one-half (4 1/2) feet above
ground level, or
b. a height of thirty-five (35) feet or more above ground
level;
8. “Ministerial review” means a nondiscretionary approval
process based on whether a project is eligible under the provisions
of this act and on objective planning and zoning standards, not
including public hearings or subjective local review. If a
municipality does not have planning or zoning standards, such
approval process shall only be based on whether a project is
eligible under the provisions of this act;
9. “Mixed-use development” means a project that includes both a
residential use and an ancillary use;
10. “Net habitable square feet” means the total floor area of a
building that is finished, heated, and fully enclosed. Such term
shall not be construed to include spaces including, but not limited
to, garages, parking areas, or unfinished attics or basements;
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11. “Project” means any proposed residential, commercial, or
mixed-use development, construction, or renovation undertaken by a
faith-based organization on an eligible development site;
12. “Public benefit incentive” means an additional allowance or
bonus granted to a project in exchange for providing public
benefits, such as affordable housing, community services, or the
preservation of mature trees;
13. “Serviced lot” means a legal parcel of land connected to
both municipal water and sewer systems in a manner that enables
higher-density development and reduces environmental constraints;
14. “Setback” means the minimum distance required between a
building and the front, rear, and sides of the boundaries of a
property, as specified by local zoning regulations, to ensure space
for public infrastructure, privacy, and emergency access; and
15. “Steep slope” means any land area with a rise of ten (10)
feet or more over a horizontal distance of twenty-five (25) feet,
with an inclination of at least forty percent (40%), that requires
additional stabilization measures during development.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 38-151 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. A faith-based organization may apply for approval to
construct a project on a development site located within a
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municipality. Such organization shall demonstrate that such
project:
1. Shall be controlled or operated by the faith-based
organization, through either direct ownership or a long-term lease
of no less than fifty-five (55) years;
2. Is located on a development site allowing for the proposed
usage of such project;
3. Complies with all applicable building, fire, health, and
safety codes;
4. Complies with nondiscrimination rules as defined by the
federal Fair Housing Act; and
5. Has designated all properties or units for residential use
as affordable housing. Up to forty percent (40%) of properties or
units for residential use may not be designated as affordable
housing if such properties or units are to be reserved exclusively
for:
a. on-site managers,
b. security personnel, or
c. staff employed by the faith-based organization or
religious personnel, such as clergy, who require on-
site or nearby housing to fulfill their roles.
B. 1. A faith-based organization that seeks to apply for
approval for mixed-use development shall demonstrate that such
development shall include a combination of residential and ancillary
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uses. A minimum of sixty percent (60%) of the net habitable square
feet of such proposed development shall be designated for
residential use.
2. A faith-based organization that seeks to apply for a project
that includes an ancillary use shall demonstrate that any property
designated for ancillary use shall be accessible from an active
ground floor, with at least one entrance every fifty (50) feet along
the primary street frontage of such property.
3. A project on a development site located within a floodplain
area shall be subject to a full flood risk assessment, demonstrating
that such construction will not substantially increase flood risks
or disrupt natural water flows. Compliance with the flood
management standards of the Federal Emergency Management Agency and
this state, including elevation and flood-proofing requirements,
shall be mandatory.
4. A project on a development site located in a steep slope
area shall be subject to a geotechnical analysis to assess and
address potential erosion and landslide risks. The faith-based
organization applying for such project shall demonstrate the
intention to implement stabilization measures, including retaining
walls and drainage systems, as necessary to ensure slope stability.
C. 1. A municipality shall approve or disapprove a project
within fifteen (15) days of the submission of an application for
approval by a faith-based organization. The municipality shall
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review such application by subjecting such to ministerial review,
with objective standards applied to expedite approvals without
discretionary oversight.
2. Any and all building permit reviews, inspections, and
approvals for a project shall be conducted by the municipality
concurrently rather than sequentially. Final inspections and
permits shall be issued within sixty (60) business days of an
application, with any required adjustments communicated to the
faith-based organization within thirty (30) business days.
3. A municipality may not adopt or enforce any code, ordinance,
regulation, standard, stipulation, or other requirement that
establishes, directly or indirectly, any of the following:
a. minimum square footage or dimensional requirements for
housing units within proposed projects,
b. maximum or minimum lot coverage requirements for
proposed projects, and
c. regulations imposing mandatory open space requirements
within a project.
4. The provisions of this act preempt any local zoning
restrictions or ordinances that conflict with such provisions. A
municipality shall not impose any conditions, fees, or discretionary
requirements on projects provided for by the provisions of this act
beyond those the municipality would apply to a comparable project
permitted on a by-right basis.
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5. A municipality is prohibited from applying targeted
regulations or policies that specifically address projects provided
for under this act in ways that reduce standard zoning allowances,
add regulatory burden, or alter project eligibility. Any local
measures that attempt to override or conflict with the provisions of
this act shall be deemed invalid.
D. 1. An approved project shall be permitted a base density of
seventy-five dwelling units per acre. If the zoning where such
development site is located, or a property adjoining such site,
allows for greater residential density, the project shall be
permitted the greater density.
2. An approved project shall be permitted a height increase of
up to one story or fifteen (15) feet above the maximum height limit
allowed in the zoning where the development site is located. If the
zoning where such site is located, or a property adjoining such
site, allows for greater building height, the project shall be
permitted the greater height.
3. Steeples or other non-inhabitable structures that serve an
aesthetic or decorative use shall be permitted an additional height
allowance of fifteen (15) feet above the maximum height limit
established in paragraph 2 of this subsection.
4. An approved project shall be permitted a base floor area
ratio of two to one (2:1). Projects with areas designated for
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ancillary use that include an active ground floor shall receive an
additional floor area ratio increase of one-half (1/2).
5. An approved project in which forty percent (40%) or more of
properties designated for residential use contain two or more
bedrooms shall qualify for:
a. a floor area ratio increase of one-half (1/2) greater
than that established in paragraph 4 of this
subsection, and
b. a maximum height limit of up to eleven (11) feet
greater than that established in paragraph 2 of this
subsection.
6. Up to one thousand five hundred (1,500) square feet of
active ground floor space contained within properties for ancillary
use within an approved project shall be exempt from floor area ratio
calculations.
7. An approved project that preserves existing mature trees
located on the development site shall be entitled to a maximum
height limit of up to eleven (11) feet greater than that established
in paragraph 2 of this subsection.
8. An approved project that utilizes public benefit incentives
shall be permitted a maximum floor area ratio of three to one (3:1)
and a maximum height limit of forty-five (45) feet, except in areas
where zoning regulations or municipal standards allow for a greater
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floor area ratio or maximum height limit. In such case, the project
shall be permitted the greater ratio or limit.
9. No minimum parking requirements shall be imposed on any part
of an approved project designated for either residential or
ancillary use.
10. Any setback requirements implemented by a municipality
shall remain consistent with local zoning regulations on the
development site for an approved project, unless specifically
waived.
E. 1. No project located on a development site that is within
one thousand six hundred (1,600) feet of an area zoned for heavy
industrial uses shall be eligible under the provisions of this act.
2. No project located on a development site in a designated
environmental protection zone, including, but not limited to, a
wetlands, wildlife habitat, or area subject to critical
environmental regulations, shall be eligible under the provisions of
this act.
3. A municipality may subject a development site located
adjacent to critical infrastructure, including, but not limited to,
highways, railroads, or major utility lines, to larger setbacks and
additional restrictions to ensure public safety and infrastructure
maintenance access.
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F. 1. No additional municipal ordinance or rule from an entity
of this state shall be required to implement the provisions of this
act.
2. The Oklahoma Housing Finance Agency shall monitor compliance
with the provisions of this act and refer instances of noncompliance
by municipalities to the Office of the Attorney General, who shall
be empowered to take necessary actions to ensure compliance with the
provisions of this act.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2761 MSBB 1/12/2026 4:57:16 PM