Preemption of Local Building Design Standards

The legislation would prohibit local governments from regulating "Building design elements" in one or two family dwellings. Building standards proposed to be preempted are as follows: 
  • Exterior building color;
  • Type or style of exterior cladding material;
  • Style or materials of roof structures or porches;
  • Exterior nonstructural architectural ornamentation;
  • Location or architectural styling of windows and doors, including garage doors;
  • The number and types of rooms;
  • The interior layout of rooms; and
  • Types of foundation structures approved under state minimum standard codes.
The legislation would not apply to state or federal historic districts, mobile homes and homes governed by a neighborhood association or covenant. 

What's at Risk?
  • Design standards attract high quality builders and ensure that the investments builders and developers make are protected. HB 302 would put this at risk.
  • City officials strive to make development reflect their community and its standards. HB 302 would take that ability away from local leaders.
  • Cities use design standards to protect property values and block incompatible development. A lack of local design standards would result in diminished property values.
  • While historic districts are protected in this bill, which indicates an understanding that standards do in fact make sense, downtown overlays or other similar special zoning districts are not. They should be treated no differently than a “historic” district.
  • Communities and builders/developers both win when appropriate design standards are incorporated with basic zoning districts and land use policies, thereby creating a diverse, stable, profitable and sustainable residential development landscape. This bill puts that in jeopardy. 
  • Design standards and regulation of materials helps local officials create the communities they want 25 years from now. This bill would limit local officials' ability to do that.

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