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KY HB617

KY HB617
AN ACT relating to planning and zoning.


summary

Introduced
02/11/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Create a new section of KRS Chapter 100 to define "qualifying planning unit," "qualifying residential development," "small lot," "service document," and "transitional buffer"; prohibit a qualifying planning unit from establishing certain restrictions on a qualifying residential development or small lot; allow a qualifying planning unit to adopt generally applicable regulations related to specified environmental features, and other matters for which a planning unit is authorized to regulate; establish that there is no effect on property owner's associations; establish a cause of action and recovery costs and awarding of attorney's fees if successful; establish limitations on when a qualifying planning unit may deny a development; allow a developer to modify and resubmit development plans after a denial; require a qualifying planning unit alleging substantial negative impacts to articulate those impacts and demonstrate them under clear and convincing evidentiary standard; establish a cause of action by a developer to bring suit for a development plan denial; permit a local government to require a transitional buffer between existing development and a qualifying residential development; create a new section of KRS Chapter 100 to prohibit a planning unit from adopting certain space requirements for parking; direct that the prohibition does not alleviate responsibility to provide accessible parking; allow a planning unit to deny a development if there would be substantial negative impacts; allow a developer to modify and resubmit plans to remediate negative impacts; require a planning unit alleging substantial negative impacts to articulate those impacts and demonstrate them under clear and convincing evidentiary standard; establish a cause of action by a developer for a denial due to a substantial negative impact; create a new section of KRS Chapter 100 to define "mixed-use residential development," "multifamily residential development," and "qualifying planning unit"; direct that in a qualifying planning unit mixed-use and multifamily developments are permitted use in commercial zones; prohibit a qualifying planning unit from imposing requirements on those developments more restrictive than other uses in the zone or to have certain parking requirements; EFFECTIVE July 1, 2027.

AI Summary

This bill, effective July 1, 2027, aims to streamline planning and zoning regulations for certain types of residential developments in Kentucky by defining terms like "qualifying planning unit" (referring to specific sizes and compositions of cities and counties), "qualifying residential development" (a tract of five acres or more zoned for single-family homes), "small lot" (a residential lot of 4,000 square feet or less), "service document" (proof of water and sewer availability), and "transitional buffer" (a visual or natural barrier between developments). It prohibits these qualifying planning units from imposing overly restrictive size, width, depth, setback, or architectural requirements on qualifying residential developments and small lots, while still allowing regulations for environmental features and requiring service documents. The bill also establishes that it does not affect homeowners' associations and provides a legal avenue for individuals or developers to sue if a planning unit violates these provisions, with the possibility of recovering attorney's fees and court costs. Furthermore, if a planning unit alleges substantial negative impacts from a development, it must clearly articulate and prove these impacts with strong evidence before denying a plan, and developers can modify and resubmit plans to address these concerns, with a right to legal challenge if a denial is deemed improper or unsupported. Additionally, the bill limits parking requirements for residential units to one space per unit, with exceptions for certain affordable housing and assisted living facilities, and clarifies that this does not override the Americans with Disabilities Act's requirements for accessible parking. Finally, it permits mixed-use and multifamily residential developments as permitted uses in commercial zones within qualifying planning units, prohibiting more restrictive regulations or parking requirements than other uses in those zones.

Committee Categories

Government Affairs

Sponsors (4)

Last Action

to Local Government (H) (on 02/19/2026)

bill text


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