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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1051 By: Dollens
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38	38	AS INTRODUCED
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40	40	An Act relating to cities and municipalities;
41	41	creating the Fair Zoning Act of 2025; providing
42	42	definitions; directing certain cities and
43	43	municipalities to amend zoning ordinances and
44	44	regulations; directing for zoning areas to not be
45	45	exclusively designated for single -family housing;
46	46	providing clarification; requiring comprehensive
47	47	reports; providing report contents; requiring reports
48	48	be made public; prohibiting certain restrictions;
49	49	providing exceptions; clarifying th at act does not
50	50	apply to certain federal or state restrictions;
51	51	granting the Oklahoma Uniform Building Code
52	52	Commission and the Oklahoma Housing Finance Agency
53	53	enforcement power; permitting legal action; providing
54	54	for codification; and providing an effective date .
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60	60	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	61	SECTION 1. NEW LAW A new section of law to be codified
62	62	in the Oklahoma Statutes as Section 43-120 of Title 11, unless there
63	63	is created a duplication in number ing, reads as follows:
64	64	This act shall be known and may be cited as the "Fair Zoning Act
65	65	of 2025".
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92	92	SECTION 2. NEW LAW A new section of law to be codified
93	93	in the Oklahoma Statutes as Section 43-120.1 of Title 11, unless
94	94	there is created a duplication in numbering, reads as follows:
95	95	As used in this act:
96	96	1. "City and municipality" refers to any incorporated city,
97	97	town, township, or any local government entity responsible for land
98	98	use regulation within its jurisdiction.
99	99	2. "Commercial building" means a building that contains
100	100	businesses that contribute to the economy, including retailers,
101	101	restaurants, offices, or manufacturing.
102	102	3. "Multi-family housing zone" is a zoning designation where
103	103	multiple households can reside in residential structures such as
104	104	apartment buildings, townhouses, duplexes, and condominiums,
105	105	fostering higher population density and housing diversity within a
106	106	community.
107	107	4. "Residential building" is a building that contains separate
108	108	residences where a person or persons l ive or regularly stay.
109	109	5. "Single-family housing zone" is a zoning designation that
110	110	permits only the construction of single -family residential housing.
111	111	SECTION 3. NEW LAW A new section of law to be codified
112	112	in the Oklahoma Statutes as Section 43-120.2 of Title 11, unless
113	113	there is created a duplication in numbering, reads as follows:
114	114	A. Cities and municipalities with populations exceeding twenty
115	115	thousand (20,000) residents shall amend their zoning ordinances and
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142	142	regulations to ensur e that zoning areas are not exclusively
143	143	designated for single -family residential housing and must aim to
144	144	foster diverse and inclusive urban development as defined by the
145	145	United States Department of Housing and Urban Development.
146	146	1. In furtherance of diversification and inclusivity, zoning
147	147	ordinances and regulations shall be comprehensively updated. They
148	148	must permit the construction of various housing types, including but
149	149	not limited to multi-family housing, mixed -use developments, and
150	150	other innovative for ms of residential structures, in addition to
151	151	single-family housing, across all residential zones so long as these
152	152	structures do not pose an imminent threat to the communities the y
153	153	serve; and
154	154	2. Cities and municipalities shall be responsible for creating
155	155	comprehensive reports to be submitted to the Oklahoma Housing
156	156	Finance Agency every five (5) years, beginning December 10, 2026.
157	157	These reports shall detail the progress and initia tives taken to
158	158	promote diversity and inclusivity within their respective
159	159	communities, specifically in the context of urban development and
160	160	housing. The reports shall include, but are not limited to, the
161	161	following information:
162	162	a. a summary of zoning change s made to eliminate
163	163	exclusive single-family housing zones, including
164	164	specific zones affected,
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191	191	b. details on the construction of multi -family housing,
192	192	mixed-use developments, and other diverse housing
193	193	options within the municipality, including their
194	194	locations and the number of units created,
195	195	c. efforts were made to ensure the afforda bility of
196	196	housing, including the provision of income -based
197	197	housing and affordable housing initiatives,
198	198	d. any incentives or programs introduced to support
199	199	sustainable and diverse housing practices, and
200	200	e. collaborative efforts with community organizations,
201	201	educational institutions, and industry stakeholders to
202	202	promote diversity and inclusivity in urban
203	203	development; and
204	204	3. The reports shall be made publicly accessible through the
205	205	respective city or municipality 's website and be provided to the
206	206	Oklahoma Housing Finance Agency.
207	207	B. No municipality within the State of Oklahoma shall impose
208	208	height restrictions on multi -family residential structures that are
209	209	constructed within designate d residential zones, provided the
210	210	following conditions are met:
211	211	1. The multi-family residential structure has received the
212	212	necessary approvals from the Oklahoma Uniform Building Code
213	213	Commission, affirming its safety and structural integrity in
214	214	accordance with established safety standards. Municipalities may
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241	241	collaborate with the Ok lahoma Uniform Building Code Commission and
242	242	industry experts to establish guidelines, best practices, and
243	243	periodic inspections to ensure that multi -family structures remain
244	244	safe and resilient throughout their lifecycle;
245	245	2. The construction complies with all applicable state and
246	246	local building codes, regulations, and safety standards, ensuring
247	247	that it meets or exceeds the safety requirements established for
248	248	conventional building m aterials; and
249	249	3. The construction is in compliance with Federal Aviation
250	250	Association guidelines if the construction would hinder aviation
251	251	traffic.
252	252	C. No municipality shall place undue restrictions on the
253	253	construction of residential buildings within resid ential zones,
254	254	provided such construction does not pose a threat to the historical
255	255	characteristics and aesthetics of the surrounding area.
256	256	1. The determination of whether a building design complies with
257	257	the historical characteristics of the area shall be g uided by
258	258	considerations that respect the architectural heritage and visual
259	259	identity of the neighborhood, as established by local historical
260	260	preservation or zoning boards.
261	261	a. In cases where the design of a building is found to
262	262	potentially affect the area 's historical
263	263	characteristics, the municipality may require an
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290	290	extensive review by the Oklahoma Uniform Building Code
291	291	Commission.
292	292	b. The Oklahoma Uniform Building Code Commission shall
293	293	conduct a thorough evaluation of the building design,
294	294	assessing its compat ibility with the historical
295	295	context and ensuring that it harmonizes with the
296	296	surrounding architectural elements and ambiance. The
297	297	Commission shall verify that the proposed construction
298	298	adheres to all relevant safety and building codes .
299	299	2. If the design of a building is deemed unsuitable for the
300	300	historical area after the extensive review by the Oklahoma Uniform
301	301	Building Code Commission, the municipality may impose necessary
302	302	design modifications to ensure it aligns with the preservation of
303	303	the historical characteristics of the location.
304	304	D. This act shall not apply to any building su bject to federal
305	305	or state height restrictions.
306	306	E. The Oklahoma Uniform Building Code Commission and Oklahoma
307	307	Housing Finance Agency shall have the authority to enforce this law
308	308	through their defined sections of this act by means of approval or
309	309	disapproval of future projects and fining cities , not in excess of
310	310	Twenty-five Thousand Dollars ($25,000.00), that are found violating
311	311	this law.
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338	338	SECTION 4. NEW LAW A new section of law to be codified
339	339	in the Oklahoma Statutes as Section 43-120.3 of Title 11, unless
340	340	there is created a duplication in numbering, reads as follows:
341	341	Any citizen or organization may bring legal action against a
342	342	local government that fails to c omply with the requirements of this
343	343	act. Any citizen or organization that successfully brings suit
344	344	against a local government that is in noncompliance with this act
345	345	shall be entitled to injunctive relief and attorney fees.
346	346	SECTION 5. This act shall become effective November 1, 2025.
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348	348	60-1-10335 MJ 12/26/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1051 Compare Versions