City attorney: SB 180 narrows local land-use power after disasters, retroactive limits could constrain ordinances

5552003 ยท July 1, 2025

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Summary

The City Attorney warned the commission that Senate Bill 180 places new obligations on municipalities for post-disaster permitting and limits the ability to implement more restrictive land-use rules after federal disaster declarations.

The city attorney told the commission that Senate Bill 180 (SB 180) was signed by the governor on June 27 and contains provisions that limit certain local land-use actions following federal disaster declarations.

The attorney highlighted two provisions he described as most consequential: a new obligation for municipalities to ensure sufficient personnel are available to manage post-disaster building inspection, permitting and enforcement, and a restriction that prevents a local government from adopting moratoria, more restrictive comprehensive-plan or land-development amendments, or more burdensome review procedures for properties in counties listed in a federal disaster declaration for specified hurricanes. He said the restriction is retroactive to Aug. 1, 2024 and remains in effect through June 30, 2028, and that, in his view, the law reduces local home-rule authority.

Commissioners and staff discussed the practical implications: the attorney said the statute could constrain a city's ability to impose new or stricter land-use rules in the wake of a qualifying disaster and that cities should review recent changes in case they might be affected by the retroactivity language.

The city attorney presented the briefing as an informational item; no formal action was taken during the meeting.