Landowners could protect approved projects from later zoning changes

A landowner’s approved project would remain governed by the zoning rules in effect when it was approved after the project’s rights become vested. This covers projects supported by specified government actions, such as approved rezoning, special exceptions, variances, subdivision plans, site plans, or final administrative decisions. The landowner must rely in good faith on the government action and incur extensive obligations or substantial expenses while diligently pursuing the project. Minor changes that do not materially alter the approved project would not require new local approval. Material changes, such as major increases in density, more intensive uses, added height, changed major access, or excessive new stormwater or utility demand, may require new approval. A zoning administrator would decide within 14 days whether a proposed change is material. The decision could be appealed if the change is found material. The protections would apply once the project’s rights become vested and would govern uncompleted projects after approval.

Property owners would be allowed to repair, rebuild, or replace certain nonconforming buildings after a natural disaster or accidental fire. This covers residential and commercial buildings damaged or destroyed by listed disasters, including floods, storms, earthquakes, lightning fires, wildfires, and accidental fires. Owners would still need a building permit and must follow the statewide building code and local floodplain rules. If damage exceeds 50 percent and the building cannot be restored in another way, the owner could restore its original nonconforming condition. The text would not allow a property owner to cause an arson to obtain these rights. Work generally must be completed within two years after the disaster. A building covered by a federal disaster declaration would receive an additional two years when the damage directly resulted from that disaster.

Property owners would be permitted to replace certain existing on-site sewage systems and qualifying manufactured homes. The sewage rule covers an existing building’s system in roughly the same location. The manufactured-home rule covers valid nonconforming homes in or outside mobile or manufactured home parks. A new sewage system could be installed only if public sanitary sewer access is unavailable; available sewer service would require connection instead. New sewage systems would have to follow Department of Health rules in effect when installed. A replacement manufactured home would have to meet the current federal HUD manufactured-housing code and retain the prior home’s valid nonconforming status. In a park, a single-section home could replace only a single-section home, and a multi-section home could replace only a multi-section home. The text does not state a separate deadline for these replacements.