summary
Introduced
02/02/2026
02/02/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides that a unit of local government shall permit multifamily developments and mixed-use developments as allowable by-right uses on faith-based land. Provides that a unit of local government may not require a proposed multifamily or mixed-use development on faith-based land to obtain any discretionary approval in order to permit the proposed use and development or allow for the minimum development standards and limitations established by the Act. Provides that the by-right entitlement under the Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization. Provides that nothing in the Act affects the authority of a unit of local government to apply to a development authorized by this Act requirements that are (1) generally applicable to comparable developments within the jurisdiction; (2) objective and ascertainable on the face of the ordinance or code provision; and (3) related to public health and safety. Provides that a unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by the Act. Limits the concurrent use of home rule powers. Effective immediately.
AI Summary
This bill, titled the Faith-Based Housing and Mixed-Use By-Right Act, aims to address housing shortages by allowing faith-based organizations to develop multifamily (three or more dwelling units) and mixed-use (primarily residential with some non-residential space) housing on their land without needing special permission from local governments. This means such developments are considered "by-right," meaning they are permitted uses that only require ministerial review to ensure compliance with objective standards and general codes, rather than discretionary approvals like zoning changes or special permits. The bill clarifies that this entitlement applies even if the faith-based organization doesn't operate a facility on the same land or if a partner develops the housing. Local governments can still enforce generally applicable, objective rules related to public health and safety, but they cannot impose subjective design standards, excessive parking requirements, or unreasonable height or setback restrictions. The Act also sets timelines for local government approval and allows for legal action, including attorney fees, if a local government violates its provisions, and it limits the ability of home rule municipalities to enact conflicting regulations.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Assigned to Executive (on 02/10/2026)
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