Planning Commission recommends compatibility policy to implement House Bill 399

Aug 14, 2026

Palm Beach County planners presented a comprehensive‑plan amendment to implement House Bill 399’s residential‑compatibility requirements; the commission unanimously recommended approval and staff will take the policy to the Board of County Commissioners with direction to draft zoning measures.

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Brian Davis, principal planner, told the commission the county’s amendment responds to recent state legislation (referred to in the presentation as House Bill 399 and Laws of Florida 26‑07) that added a residential compatibility requirement to the local comprehensive plan. Davis said the statute adds a subsection requiring local governments to include criteria in future‑land‑use elements to assess compatibility of residential uses, and that the county proposal creates a single new policy directing how to evaluate parcel assemblages, density changes and mitigation measures. “Most people regard it as more appropriately understood by Justice Potter Stewart where he says I know it when I see it,” Davis said to illustrate the challenge of turning compatibility into objective standards.

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