House Bill 443 (KRS 100.275) implementation shifts some development approvals to TRC; staff outlines new ministerial review rules

Planning staff and the division director briefed the Technical Review Committee on implementation of House Bill 443 (codified as KRS 100.275), a state law that requires ordinances implementing subdivisions and development plan review to be expressed as objective standards and applied ministerially. The change means TRC will approve final development plans that meet the objective standards and will refer only cases with waiver requests or where strict application of an objective standard would produce a documented public health, safety or welfare threat.

Tracy (Planning staff) described key changes: updated definitions, removal of discretionary criteria where possible, creation of objective standards for items previously reviewed by other divisions, and changes to notification procedures (sign posting and mailed notice for certain change‑of‑use items). The memo noted an updated subdivision regulation package remains to be finalized and that the council sent the drive‑through stacking standard to committee for further review.

Staff asked TRC members to prepare checklists to ensure consistent application of the new objective standards, to circulate comments in Accela before meetings, and to expect emailed alerts when new documents are uploaded. Planning staff said applicants will be required to post a $25 site sign for cases that now require public notification and that applicants will provide mailed notice and affidavits for certain change‑of‑use development plans and waiver requests.

Questions from members focused on timing (how revised plans will be handled if an application was filed before the new rule), sign‑off workflow in Accela, and the timing for required exhibits such as photometric lighting plans and tree inventories. Staff said they will post checklists, offer a preliminary pre‑TRC meeting for the first month of implementation and provide training to attorneys and applicants. There was consensus that TRC members should sign off in Accela when they approve a plan and that staff will implement email notifications for new documents and certifications.

Why it matters: The law centralizes technical approvals at TRC for plans that meet objective standards, potentially shortening approval timelines when applicants provide complete, compliant filings; it increases the importance of complete submittals at time of filing and of clear, documentable criteria for reviewers.

Next steps: Planning division to finalize sub‑regulatory changes, publish checklists and training materials, add Accela notification processes, and establish a waiver fee and administrative procedures.