On March 12, Executive Director Michael Sanderson and Director of Intergovernmental Affairs Dominic Butchko submitted written testimony to the Economic Matters Committee in opposition to HB 1517 – Land Use – Qualified Project – Retaliatory Downzoning.
This bill would require, in certain circumstances, that if a local elected official acknowledges or responds to constituent concerns regarding a development project, the local government may then be compelled to approve that project and allow a higher residential density than would otherwise be authorized under local law.
While counties share the State’s commitment to expanding housing supply and have accordingly partnered with lawmakers on several recent housing initiatives, this proposal creates significant legal and policy concerns.
Particularly, tying development approvals to public statements by elected officials would undermine local planning processes, conflict with constitutional protections for political speech, and discourage meaningful engagement between residents and their representatives.
A central focus for the Administration, local governments, and the public
has been assessing how housing-related processes can be improved. While HB 1517 aims to respond to those concerns, connecting public statements about policy issues with eventual official actions is an unfair and ineffective solution. HB 1517 would create sweeping legal, policy, and implementation problems while also striking at the heart of representative local government.
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