26RS HB 530

House Bill 530

Actions

Last Action	01/30/26: to Committee on Committees (H)
Title	AN ACT relating to permits.
Bill Documents	Introduced
Fiscal Impact Statement	Local Mandate
Bill Request Number	1688
Sponsors	R. White, W. Williams
Summary of Original Version	Create new sections of KRS Chapter 61 to require a permitting authority to issue a decision on any permit application within 60 days; automatically grant any permit if a permitting authority fails to render a decision within 60 days; require any denial or conditional approval of a permit to be based on clearly established applicable laws or regulations; grant Circuit Court jurisdiction over any permitting matter; require the Circuit Court to determine whether a permitting decision by the permitting authority was based on clear and convincing evidence; require the Circuit Court to award the applicant attorney's fees and costs if the court finds against the permitting authority; allow third-party challenges to permitting decisions only if the third-party has property adjacent to property that has been granted a permit and where the third-party can demonstrate concrete and particularized harm resulting from issuance of a permit; allow an applicant to appeal any adverse decision from a third-party challenge; require a third party to pay applicant's attorney's fees and costs if the permit is finally approved following a third-party challenge; create a new section of KRS Chapter 100 to grant by-right approval to housing projects which meet a planning unit's code or regulations; grant Circuit Court jurisdiction over any denial of a housing project under the section; require the Circuit Court to determine whether a denial by the planning unit was based on clear and convincing evidence; require Circuit Court to award the applicant attorney's fees and costs if the court finds against the planning unit; provide that the section does not prevent monitoring by the planning unit or affect restrictions in rules or regulations of a homeowners association, condominium association, or other property owners association; amend KRS 198B.060 to permit third-party plan review and inspections under new procedures; create a new section of KRS Chapter 198B to define terms; require regulatory authorities to provide information to prospective applicants regarding requirements to apply for a permit; require a regulatory authority to inform an applicant of whether the application is complete within 3 days and include whether the regulatory authority is able to perform plan review and inspection within specified time limits; require a regulatory authority to conduct plan review within 7 days of receipt of a complete application and inspections within 5 days of any request for an inspection being made; permit an applicant to use a qualifying third-party inspector; set out circumstances under which a regulatory authority may collect fees depending on use of a third-party inspector; set out what a third-party inspector may review and set out qualifications and requirements the third-party inspector must meet; require a regulatory authority to issue a permit within 1 business day of the completion of required plan reviews and inspections associated with an otherwise complete application; state that any ordinance, rule, or regulation contrary is void and unenforceable; state that a regulatory authority may issue a stop work order if a condition of a project constitute an immediate threat to public safety and welfare; establish immunity for the regulatory authority for action of an applicant or third-party inspector.
Index Headings of Original Version	State Agencies - Permitting, review and approval process, timeliness, appeals Local Mandate - Permits for residential construction, third-party inspections, allowing Administrative Regulations And Proceedings - Permitting, review and approval process, timeliness, appeals Administrative Regulations And Proceedings - Permits for residential construction, third-party inspections, allowing Cities - Permitting, review and approval process, timeliness, appeals Civil Actions - Permitting, third-party challenge, civil actions, requirements Counties - Permitting, review and approval process, timeliness, appeals Housing, Building, And Construction - Permitting, review and approval process, timeliness, appeals Housing, Building, And Construction - Permits for residential construction, third-party inspections, allowing Land Use - Permitting, review and approval process, timeliness, appeals Local Government - Permitting, review and approval process, timeliness, appeals Local Government - Permits for residential construction, third-party inspections, allowing Planning And Zoning - Permitting, review and approval process, timeliness, appeals