An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, providing for expedited high density housing approval.

PRINTER'S NO. 3239
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2434
Session of
2026
INTRODUCED BY SOLOMON, HOGAN, MAJOR, KHAN, BURGOS, HILL-EVANS,
SANCHEZ, K. HARRIS, WAXMAN, MADDEN, MADSEN, GALLAGHER,
CERRATO, SHUSTERMAN AND SMITH-WADE-EL, APRIL 21, 2026
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
APRIL 21, 2026
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in zoning, providing for expedited high
density housing approval.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
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Section 603.2. Expedited High Density Housing Approval.--(a)
No later than one year after the effective date of this
subsection, the department shall adopt rules and an application
process requiring the governing body of a municipality to issue
a land use decision that fast tracks the land use approval
process.
(b) This section shall apply to planned residential
developments and to residential zoning districts in which the
proposed housing type is permitted by right under the applicable
zoning ordinance.
(c) A municipality shall implement the provisions of this
section in accordance with housing development initiatives
administered by the department to the extent permitted by law.
(d) A rule established under this section shall only apply
to lots or parcels that are:
(1) Lawfully established units of land.
(2) Within a designated growth area or future growth
area.
(3) Zoned to allow residential use.
(4) Not within an area identified in an inventory or map
that is part of the municipality's comprehensive plan as:
(i) environmentally sensitive or containing
significant natural resources;
(ii) open space or scenic areas; or
(iii) natural hazard areas, including floodplains,
river greenways, landslide zones or wildfire risk areas.
(5) Vacant, including a lot or parcel:
(i) Created by any lawful division of land,
regardless of when the division occurred.
(ii) Improved with a nonresidential structure that
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is nonconforming or not suitable for any lawful use.
(e) Residential development approved under this section
shall only include:
(1) Attached or detached housing, including accessory
dwelling units.
(2) Housing that complies with applicable minimum
density requirements of the municipality's comprehensive plan
or land use regulations.
(3) Housing development plans that require new or
repaired roads or new or modified utility lines.
(f) The department shall specify for the approved
residential development types allowed under this section:
(1) Applicable design standards and the scope of the
design review, which shall include requiring the approval of
the use of any material, design or method of construction
that is approved under the applicable building code or
approved under subsection (i).
(2) Limits on land use, including establishing
appropriate minimum or maximum setbacks, parking
requirements, floor-to-area ratios or minimum dwelling units
per acre.
(3) Municipal standards for tree removal, replacement or
planting, including requiring a developer and builder to
replace or replant trees for development resulting in a loss
of existing tree canopy.
(g) Specifications adopted under subsection (f) may not
establish standards that have the effect of suppressing efforts
to increase residential density and the construction of housing
units.
(h) (1) In adopting rules under this section, the
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department shall coordinate with the review of building
construction plans by the department under subsection (i).
(2) In implementing this section, the department shall
coordinate with approvals of land use plans by the department
under this section.
(i) The department shall designate a process by which an
applicant for a building permit for a residential structure of a
type described in subsection (e)(1) shall receive expedited
building construction plan approval from the municipality,
including through the use of:
(1) Typical drawings and specifications created by the
department.
(2) Review of plans and specifications approved by the
department, which shall remain proprietary unless the
submitter requests otherwise.
(3) An expedited and concurrent approval process that
may include third-party review and deemed approval language.
(j) In implementing this section, the department and
municipalities shall coordinate with a Commonwealth Housing
Ombudsman to facilitate expedited review, resolve interagency or
municipal delays and promote compliance with applicable
permitting timelines.
(k) The department shall establish or designate a technical
assistance and expertise hub to support municipalities in
implementing this section, including assistance with developing
preapproved building plans, updating zoning or land use
procedures, streamlining permitting processes and ensuring
compliance with applicable statutory timelines.
(l) A municipality may build capacity at the municipal or
regional level to support the planning, permitting,
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administration and implementation of housing development under
this section, including through technical assistance, planning
support and assistance provided by housing coalitions,
redevelopment authorities or other qualified entities.
(m) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Municipality." A county, city, borough, incorporated town
or township.
Section 2. This act shall take effect immediately.
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