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House approves changes to building-permit rules and limits local design controls to reduce housing costs

Utah House of Representatives · May 19, 2021
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Summary

The Utah House passed HB1003, which tightens permit-application requirements and bars municipalities from regulating many nonstructural architectural elements (color, cladding, ornamentation) the sponsor said add thousands to home prices; the bill passed after floor debate about historic districts and local control.

The Utah House on May 19 approved House Bill 1,003, Government Building Regulation Amendments, a measure that standardizes what must be included in a building-permit application and restricts local governments from regulating many nonstructural architectural design elements that sponsors said raise the cost of new homes.

Representative Ray, the bill sponsor, said the legislation lays out a clear checklist so a permit application clock starts when an applicant submits required documents, reducing multi-month delays. He also said the bill prohibits municipalities from zoning for exterior nonstructural architectural ornamentation, certain cladding requirements and other stylistic mandates. "Regulation accounts for $93,870 of that $397,000 home," Ray said in floor debate, arguing the changes will help first-time buyers by lowering construction costs.

Lawmakers pressed the sponsor on several fronts. Representative Briscoe asked whether the bill restricts building standards for areas substantially built after 1950; Ray confirmed the 1950 cutoff applies in the bill's provisions. Members also asked whether the bill would prevent the creation or expansion of historic districts; Ray said existing historic districts may continue prior restrictions but newly created districts after the bill's effective date would face the bill's limits.

Members raised questions about homeowners' association covenants and whether the measure would supersede CC&Rs; Ray said recorded CC&Rs and HOAs are not affected when they were established in advance as part of a development agreement. Representative Hawkes sought clarification that water-wise landscaping and other drought-related landscaping rules would remain available to cities; the sponsor said those public-safety and health rules were not intended to be restricted.

Opponents warned the bill could limit local control over design standards. Supporters said it would reduce costly, nonessential requirements and help address housing affordability. The House passed HB1003 by a recorded vote and transmitted it to the Senate.

The bill will now be available for Senate consideration; proponents said they hope the changes reduce delays and costs in home construction, while opponents said the bill requires careful monitoring to preserve local planning authority where safety or historic preservation is concerned.