HOUSE BILL No. 2088
AN ACT concerning housing; enacting the fast-track permits act; requiring local
governments to meet specified deadlines for issuing building permits for real estate
development; requiring the secretary of health and environment to issue a decision
within 45 days on an application for an authorization to discharge stormwater runoff
from construction activities under the federal national pollutant discharge elimination
system general permit or a rainfall erosivity waiver.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The provisions of sections 1 through 3, and
amendments thereto, shall be known and may be cited as the fast-track
permits act.
(b) The purpose of the fast-track permits act is to enhance
economic growth in local communities and reduce the regulatory
burden on entrepreneurs, developers and homeowners by streamlining
the review process for local building permits.
Sec. 2. For the purposes of the fast-track permits act:
(a) "Act" means the fast-track permits act, sections 1 through 3,
and amendments thereto.
(b) "Applicant" means a person that submits an application to a
local government, including a person designated to act on the
applicant's behalf.
(c) "Application" means a request to the appropriate local
governmental authority for a building permit related to the
development of a single-family residential improvement upon real
estate within the jurisdiction of such local governmental authority.
"Application" does not include an appeal to a zoning board of appeals
or planning commission designated as a zoning board of appeals.
(d) (1) "Complete application" means an application containing all
information and meeting all requirements pursuant to:
(A) A rule, resolution, ordinance or policy of the local government
that was adopted prior to the date that the complete application was
submitted to the local government by the applicant; or
(B) applicable state or federal law.
(2) A "complete application" shall also include the applicant's
mailing address, telephone number, email address, if the applicant has
an email address and facsimile number, if the applicant has a fax
number.
(e) "Local government" or "local governmental authority" means
the applicable governing body, commission, board or other authority of
a municipality, city, county, township, district or other political
subdivision of this state with jurisdiction over an application.
Sec. 3. (a) (1) (A) Except as provided by subparagraph (B), a local
government shall approve or deny an application and provide written
notice of such decision to the applicant within 60 days of receipt of a
complete application. If an application is not complete, the local
government shall provide written notice to the applicant of the reason
or reasons that the application is deemed not complete within 15 days
of receipt of the application and provide an opportunity for the
applicant to submit missing information, make required modifications
or cure any other deficiency. If the application is not complete when
received by the local government, the date that the applicant completes
the application shall constitute the date of receipt of the application,
except as provided by paragraph (2).
(B) The requirement that the local government approve or deny an
application and provide written notice of such decision to the applicant
within 60 days of receipt of a complete application pursuant to the
provisions of subsections (a) and (b) shall not apply if an applicant
agrees in writing to proceed with phased permitting.
(2) If the local government fails to provide written notice to the
applicant that an application is not complete within 15 days of receipt
of an incomplete application, the deadline of 60 days for the provision
of written notice of approval or denial by the local government
pursuant to paragraph (1) shall apply starting from the date that such
incomplete application was received. If any deficiency in the
application requires resolution prior to a decision by the local HOUSE BILL No. 2088—page 2
government and such deficiency cannot be cured by the applicant
within the period required that the local government may reasonably
approve or deny the application, the local government shall deny the
application as required by this act, with leave for the applicant to
resubmit the application. The provisions of paragraph (1) shall apply to
any resubmitted application in the same manner applicable to the initial
application. No additional filing fees shall be charged by the local
government with respect to such a resubmission of an application
following a denial. An application may be denied and resubmitted more
than once in the event that the applicant is unable to timely cure a
deficiency.
(b) If a local government fails to provide written notice to an
applicant of the approval or denial of an application within 60 days
from the date that such application is received or deemed received by
the local government pursuant to subsection (a)(1) or (2), the
application shall be deemed approved by the local government.
(c) (1) The local government shall state the reasons for a denial of
an application in the written notice to the applicant. A local government
shall not deny an application on the basis of a rule, resolution,
ordinance or policy of the local governmental authority or respective
municipality, city, county, township, district or other political
subdivision of the state that is adopted or amended subsequent to the
date the complete application was submitted by the applicant to the
local government.
(2) In approving an application, the local government shall not
require any conditions or requirements pursuant to a rule, resolution,
ordinance or policy of the local governmental authority or respective
municipality, city, county, township, district or other political
subdivision that was not adopted or amended prior to the date that the
complete application was submitted by the applicant to the local
government.
(d) For purposes of this act, any required signatures may be
electronic. A local government shall provide written notice of a
decision on an application or of an incomplete application, and an
applicant shall submit an application on the date that the:
(1) Notice is deposited in the United States mail by the local
government, addressed to the address provided by the applicant and
proof of the date of mailing is obtained;
(2) application of the applicant is received in the United States
mail by the local government;
(3) notice or application is written in the body of or in an
attachment to an email sent to the email address provided by the
applicant or local government. If possible, the email shall be sent with a
request for a delivery receipt confirming that the email was delivered to
the recipient's email server;
(4) notice or application is faxed to the facsimile number provided
by the applicant or local government; or
(5) notice or application is submitted to a private courier for
delivery addressed to the address provided by the applicant or local
government and proof of the date of submission to such courier is
obtained.
(e) For purposes of determining deadlines pursuant to this act,
weekends shall be included. Federal or state holidays shall not be
included.
(f) The provisions of this section shall not supersede any rule,
resolution, ordinance or policy of a municipality, city, county or other
political subdivision of this state providing for a shorter period of time
for a local governmental authority to issue decisions upon applications
or give notice of incomplete applications. The specified deadlines and HOUSE BILL No. 2088—page 3
provisions of this section shall apply in addition to any such
requirements.
Sec. 4. Within 45 days of the submittal by an applicant to the
department of health and environment of a complete notice of intent to
discharge stormwater runoff from construction activities requesting
authorization to discharge stormwater runoff from construction
activities under the federal national pollutant discharge elimination
system general permit or a rainfall erosivity waiver application and
including all supporting documentation pursuant to applicable federal
or state law, the secretary of health and environment shall issue an
authorization, waiver or denial, as determined by the secretary, to the
applicant. The provisions of this section shall not be construed to
supersede conflicting federal law.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.