Landowners; vested rights.

Plain English Breakdown

The exact scope of 'minor modifications' that do not materially alter the character of development is not defined in the provided source material.

Landowners' Vested Rights

This bill changes the criteria for when a landowner's rights to develop their property are considered 'vested,' allowing minor modifications without needing extra approval and limiting local governments' ability to change rules affecting vested rights.

What This Bill Does

• Changes the criteria for determining when a landowner's development plans are considered 'vested.'
• Allows landowners to make minor changes to approved development plans without needing additional approvals, as long as these changes do not materially alter the character of the original plan.
• Requires local zoning officials to decide if proposed changes are material and allows landowners to appeal this decision if they disagree.
• Limits when local governments can treat a use as nonconforming due to subsequent ordinance changes, protecting vested rights unless explicitly authorized by the General Assembly for public health and safety.

Who It Names or Affects

• Landowners with development plans approved by local government
• Local zoning officials

Terms To Know

Vested Rights

Rights that a landowner has to develop their property based on actions taken by the local government, which cannot be changed even if new laws are passed.

Nonconforming Use

A use of property that does not follow current zoning rules but was allowed before the rules were changed and can continue under certain conditions.

Limits and Unknowns

• The bill only applies to landowners who have already received approval from local governments for their development plans.
• It is unclear how this will affect future development projects that do not yet have approvals.
• Local governments still retain the power to change rules if it's necessary to protect public health and safety.

Official Summary Text

Vested rights.
Alters the criteria for determining when a landowner's rights shall be deemed vested in a land use. Under current law, such vesting occurs when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act that remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act. The bill provides that vesting in a land use includes the development of a specific project as contemplated by and consistent with a significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform and do not materially alter the character of the development contemplated by the significant affirmative governmental act. The bill further provides that a zoning administrator shall issue a written determination as to whether a proposed change is material or nonmaterial and that if a zoning administrator determines that a proposed change is material, an applicant may appeal the decision pursuant to general law. Finally, the bill narrows the circumstances by which a locality may treat a use as a valid nonconforming use by providing that if a landowner's rights are vested in a land use, that use shall not be rendered nonconforming by subsequent ordinance changes, except where the General Assembly explicitly authorizes retroactive application of new standards to protect public health and safety.

Current Bill Text

HB 1122

COUNTIES, CITIES AND TOWNS

1. Line 43, introduced, after
1.

strike

the remainder of line 43 and through
approval.
on line 44