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Developers push committee for targeted study to limit discretionary review in tier‑one zones

Senate Natural Resources & Energy Committee · March 12, 2026
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Summary

A housing advocacy group urged the committee to commission a focused study on limiting discretionary review in tier‑one areas and to include stakeholder representatives; DHCD said its 802‑homes pilot may offer a path forward with results and designs due by mid‑to‑late 2027.

Let's Build Homes and other housing advocates asked the committee to pursue a targeted study that would identify options for reducing the negative impacts of discretionary review in tier‑one growth areas and for expanding pre‑approved designs (the "802 homes" concept) to speed housing production.

Corey Parent (representing Let’s Build Homes) told the committee the group supports a focused study — rather than a broad appeals review — that looks specifically at administrative or pre‑approved approaches in mapped growth areas, model codes, incentives and possible financial supports for municipalities adopting limited discretionary review. Parent asked for a report by Jan. 15, 2027 that would include stakeholder representation from housing advocates, municipal groups, planners and the Department of Housing and Community Development (DHCD).

DHCD response and existing pilots: Nate, deputy commissioner at DHCD, said the department supports the goals and pointed to ongoing 802‑homes pilot work and model designs that are expected to be complete later in the year, noting draft by‑right pilot language in S.267 becomes effective July 1, 2027. DHCD suggested combining pilot design work with any targeted study so that implementation and evaluation can proceed in parallel.

Why it matters: committee members and witnesses said that discretionary review — particularly for small infill projects — can impose long delays or add conditions that reduce unit counts; advocates argue administrative review or pre‑approved designs could reduce appeals and accelerate housing production.

Quote

"We want a comprehensive solution to address permanent appeals in areas targeted for housing growth," Corey Parent said, urging urgency and stakeholder inclusion.

Ending

Committee members asked counsel to include DHCD and pilot reporting language in future drafts and to consider whether by‑right pilot language in other bills could be coordinated with a study or report back to the committee.