Preemption of Local Building Design Standards

The legislation would prohibit local governments from regulating "Building design elements" in single or double family dwellings. Building standards proposed to be preempted are as follows: 

(A) Exterior building color;
(B) Type or style of exterior cladding material;
(C) Style or materials of roof structures or porches;
(D) Exterior nonstructural architectural ornamentation;
(E) Location or architectural styling of windows and doors, including garage doors;
(F) The number and types of rooms;
(G) The interior layout of rooms; and
(H) 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.

Concerns have been expressed about the constitutionality of this bill, as outlined in this letter from the Office of Legislative Counsel to Rep. Scot Turner (R-Holly Springs).

 

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