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New subdivision rules summarized: administrative approvals, 15/20‑day review timelines and four review cycles
Summary
State training summarized Senate Bill 174 (2023) changes that create an administrative land use authority for single‑family, two‑family and townhome subdivisions, require initial reviews within 15 business days, final reviews within 20 business days for larger cities, and limit review cycles to a maximum of four.
Rob Terry told the Centerville Planning Commission on Feb. 26 that Senate Bill 174 (2023) created a narrower administrative land use authority for certain subdivision applications and established firm review timelines.
Under the law Terry described, an applicant may request a pre‑application meeting; if requested staff must put the meeting on the calendar within 15 days. The administrative authority must complete an initial review of a complete preliminary plat within 15 business days. For municipalities with populations of 5,000 or more, review of a complete final plat must be finished within 20 business days. Terry said an application may proceed through a maximum of four review cycles; the clock for staff’s initial review starts when a complete application is received.
Terry explained that an administrative land use authority can be a staff member, board or commission but cannot include the municipal legislative body or a council member. He said the statutory intent was to remove politics from routine subdivision approvals for single‑family, two‑family and townhome developments and to speed the permitting process.
"You can only have a maximum of 4 review cycles that are being permitted," Terry said, detailing how review cycles begin and end when applicants submit complete written responses to staff comments. Terry also said that if an application meets all standards it must be approved regardless of the review cycle.
The statute provides that a complete application must include all required information and the applicable fee; once submitted, a complete application vests the applicant to the rules in effect that day. Terry cautioned that local agencies may choose to hold one public hearing in the administrative process but that doing so can confuse the public about the limited role of public opinion in administrative decisions.
Terry noted the administrative subdivision provisions took effect Feb. 1, 2024 for cities of Centerville’s size and acknowledged that implementing agencies have experienced growing pains as they apply the new timelines and processes.
He urged staff and commissioners to provide clear, documented findings and to communicate limits of administrative review to members of the public.
