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State law change raises threshold for protests to block denser residential rezoning; DeSoto to add online notices
Summary
City Attorney Caleb Smith briefed the commission on House Bill 24, which raises the practical protest threshold for rezoning that would allow more residential units and requires cities to post mailed notices online and offer an opt-in electronic notice portal.
The DeSoto Planning and Zoning Commission heard a legislative update on changes to the state protest law that will make it harder for opponents to block rezoning that allows more residential units, and on new electronic-notice rules for municipalities.
City Attorney Caleb Smith summarized the changes to protest thresholds enacted in House Bill 24. Under the revised law, the familiar 20% written-protest threshold remains relevant, but a new provision requires a higher protest test in some cases: if a proposed zoning change would allow a materially greater amount of residential development, protest must come from owners whose lots make up at least 60% of the land area within 200 feet of the proposed change to trigger a supermajority requirement for council approval. Smith described the change as aimed at easing approvals for additional housing density.
Smith also told the commission the law includes procedural updates: municipalities that publish mailed notices must also place that notice on the city’s website, and residents may opt in to receive mailed notices electronically through a city portal; electronic notice only counts if the recipient acknowledges receipt. Smith said the electronic-notice rule is effective immediately, while the other notice changes take effect in September.
Smith framed HB24 as intended to facilitate rezoning that increases residential capacity. “If you’re trying to say, ‘we want more houses in there,’ now you’ve got a higher protest number to trigger the supermajority,” he said. He also noted that staff will compute protest thresholds and prepare legal determinations before items reach the commission.
Commissioners asked how protests must be submitted; staff confirmed protests must be written. The change drew particular attention because it affects how citizens nearby a rezoning can trigger the higher voting threshold on City Council.
The commission did not take formal action on the update; staff said they will adjust local notice procedures and prepare for the Sept. effective dates.
