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Regulating Local Housing Growth Restrictions

Concerning preemption of local regulations limiting the number of building permits issued for development.
2023 Regular Session
Local Government
Bill Summary

The act preempts any existing local governmental entity housing growth restriction that explicitly limits either the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year and forbids the enactment or enforcement of any such future local housing growth restriction unless the governmental entity has experienced a disaster emergency, has developed or amended land use plans or land use laws covering residential development or the residential component of a mixed-use development, or is extending or acquiring public infrastructure, public services, or water resources. A governmental entity that experiences one of these events may implement a growth cap for up to 24 months in a 5-year period.

APPROVED by Governor June 7, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details