Senators debate interim fix to Act 181 that would remove 10‑acre parcel cap for some Tier 1B projects
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Summary
Senator Chris Matos proposed an interim amendment to Act 181 that would strip a 10‑acre parcel-size limit for Tier 1B projects to allow denser, infill-style housing on parcels with appropriate soils and infrastructure; committee members debated disturbance metrics, infrastructure costs, and whether to adopt an interim exemption and revisit the policy.
Senator Chris Matos presented an amendment to the committee to change how the law treats parcel size in Tier 1B for the interim period under Act 181. Matos said the amendment responds to practical development scenarios where a 27‑acre parcel could support concentrated housing near the road but is disqualified from denser treatment because of a 10‑acre threshold in the statute.
"The premise of the amendment is for the Tier 1B areas ... there are parcels out there that are over that 10‑acre threshold that are in areas where we want this development done and providing ... housing," Matos said, describing the policy goal of placing housing where infrastructure and soils make it sensible.
Why it matters: Act 181 encourages compact development in certain tiers; opponents warned that removing the 10‑acre limit could encourage sprawl in practice or complicate stormwater and road infrastructure. Supporters said framing the metric around the area of disturbance or the project footprint — rather than overall parcel size — would better align with the compact-development goal.
Members and witnesses discussed several technical options: (1) keep the 10‑acre cap but apply it to the tract or the disturbed area rather than the whole parcel, (2) use an interim exemption allowing certain projects to proceed while the policy is reviewed, or (3) limit the change to narrowly defined circumstances such as parcels adjacent to existing village or transit corridors. Senator Matos and several colleagues indicated they would accept an interim exemption with a return to the question in the next legislative year to give staff time to evaluate consequences.
Senator David Weeks proposed a separate but related modest change for Tier 1A eligibility: allow municipalities to contract with regional planning commissions or other contractors to supply the specialized staff capacity required by Tier 1A status. Committee members expressed interest but flagged the need for more detail about long‑term capacity and day‑to‑day enforcement implications.
The panel did not take final votes on these amendments during the hearing; members asked Legislative Council and other staff to redraft language that would preserve compact development goals while addressing the practical problems Matos described. The committee indicated a willingness to consider an interim exemption tied to reporting and a permanent rewrite after additional review.