No. CS/CS/HB 691
Filed under Development & Land Use.
Agricultural Enclaves; Authorizes owners of certain parcels to apply to governing body of local government for certification of parcels as agricultural enclaves; authorizes owner of parcel certified as agricultural enclave to submit certain development plans; prohibits local government from enacting or enforcing certain laws or regulations; requires local government to treat certain agricultural enclaves as if they are within urban service districts; requires local government & owner of parcel certified as agricultural enclave to enter certain written agreement; authorizes development of certain certified agricultural enclaves for commercial, industrial, or single-family residential purposes; revises definition of term "agricultural enclave"; provides for future expiration & reversion of specified provisions.
Plain English Summary
AI-GENERATEDOwners of qualifying agricultural parcels can now apply for certification as an agricultural enclave, bypassing standard local planning controls. This new process replaces the previous comprehensive plan amendment requirement with a streamlined local government review.
Once certified, the land can be developed for single-family housing, or for commercial and industrial uses if adjacent to a highway. Local governments are prohibited from imposing regulations on these enclaves that are more burdensome than those applied to comparable developments elsewhere.
The bill mandates that local governments treat certified enclaves adjacent to urban service districts as if they are within those districts. This ensures access to public services like water and wastewater, which are required for the certification to be granted.
These new provisions are temporary and will expire on January 1, 2028. At that time, the law reverts to its pre-2026 version, though any other amendments made to the statutes during that period will remain in effect.
AILocal governments must certify eligible parcels as agricultural enclaves within 90 days, and owners may then develop them for single-family housing, commercial, or industrial uses without local zoning or comprehensive plan approval.
AILocal governments are forbidden from enacting or enforcing laws or regulations for certified agricultural enclaves that are more burdensome than those applied to comparable uses or densities.
AIThe definition is broadened to include multiple parcels, parcels adjacent to interstate highways, and parcels in counties with populations of 1.75 million or less, while raising the maximum size limit to 4,480 acres for high-density residential areas.
AIThe new provisions automatically expire on January 1, 2028, reverting the statutes to their pre-2026 text, though any other amendments enacted in the interim are preserved.