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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1051 By: Dollens
AS INTRODUCED
An Act relating to cities and municipalities;
creating the Fair Zoning Act of 2025; providing
definitions; directing certain cities and
municipalities to amend zoning ordinances and
regulations; directing for zoning areas to not be
exclusively designated for single -family housing;
providing clarification; requiring comprehensive
reports; providing report contents; requiring reports
be made public; prohibiting certain restrictions;
providing exceptions; clarifying th at act does not
apply to certain federal or state restrictions;
granting the Oklahoma Uniform Building Code
Commission and the Oklahoma Housing Finance Agency
enforcement power; permitting legal action; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 43-120 of Title 11, unless there
is created a duplication in number ing, reads as follows:
This act shall be known and may be cited as the "Fair Zoning Act
of 2025".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 43-120.1 of Title 11, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. "City and municipality" refers to any incorporated city,
town, township, or any local government entity responsible for land
use regulation within its jurisdiction.
2. "Commercial building" means a building that contains
businesses that contribute to the economy, including retailers,
restaurants, offices, or manufacturing.
3. "Multi-family housing zone" is a zoning designation where
multiple households can reside in residential structures such as
apartment buildings, townhouses, duplexes, and condominiums,
fostering higher population density and housing diversity within a
community.
4. "Residential building" is a building that contains separate
residences where a person or persons l ive or regularly stay.
5. "Single-family housing zone" is a zoning designation that
permits only the construction of single -family residential housing.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 43-120.2 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. Cities and municipalities with populations exceeding twenty
thousand (20,000) residents shall amend their zoning ordinances and
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regulations to ensur e that zoning areas are not exclusively
designated for single -family residential housing and must aim to
foster diverse and inclusive urban development as defined by the
United States Department of Housing and Urban Development.
1. In furtherance of diversification and inclusivity, zoning
ordinances and regulations shall be comprehensively updated. They
must permit the construction of various housing types, including but
not limited to multi-family housing, mixed -use developments, and
other innovative for ms of residential structures, in addition to
single-family housing, across all residential zones so long as these
structures do not pose an imminent threat to the communities the y
serve; and
2. Cities and municipalities shall be responsible for creating
comprehensive reports to be submitted to the Oklahoma Housing
Finance Agency every five (5) years, beginning December 10, 2026.
These reports shall detail the progress and initia tives taken to
promote diversity and inclusivity within their respective
communities, specifically in the context of urban development and
housing. The reports shall include, but are not limited to, the
following information:
a. a summary of zoning change s made to eliminate
exclusive single-family housing zones, including
specific zones affected,
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b. details on the construction of multi -family housing,
mixed-use developments, and other diverse housing
options within the municipality, including their
locations and the number of units created,
c. efforts were made to ensure the afforda bility of
housing, including the provision of income -based
housing and affordable housing initiatives,
d. any incentives or programs introduced to support
sustainable and diverse housing practices, and
e. collaborative efforts with community organizations,
educational institutions, and industry stakeholders to
promote diversity and inclusivity in urban
development; and
3. The reports shall be made publicly accessible through the
respective city or municipality 's website and be provided to the
Oklahoma Housing Finance Agency.
B. No municipality within the State of Oklahoma shall impose
height restrictions on multi -family residential structures that are
constructed within designate d residential zones, provided the
following conditions are met:
1. The multi-family residential structure has received the
necessary approvals from the Oklahoma Uniform Building Code
Commission, affirming its safety and structural integrity in
accordance with established safety standards. Municipalities may
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collaborate with the Ok lahoma Uniform Building Code Commission and
industry experts to establish guidelines, best practices, and
periodic inspections to ensure that multi -family structures remain
safe and resilient throughout their lifecycle;
2. The construction complies with all applicable state and
local building codes, regulations, and safety standards, ensuring
that it meets or exceeds the safety requirements established for
conventional building m aterials; and
3. The construction is in compliance with Federal Aviation
Association guidelines if the construction would hinder aviation
traffic.
C. No municipality shall place undue restrictions on the
construction of residential buildings within resid ential zones,
provided such construction does not pose a threat to the historical
characteristics and aesthetics of the surrounding area.
1. The determination of whether a building design complies with
the historical characteristics of the area shall be g uided by
considerations that respect the architectural heritage and visual
identity of the neighborhood, as established by local historical
preservation or zoning boards.
a. In cases where the design of a building is found to
potentially affect the area 's historical
characteristics, the municipality may require an
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extensive review by the Oklahoma Uniform Building Code
Commission.
b. The Oklahoma Uniform Building Code Commission shall
conduct a thorough evaluation of the building design,
assessing its compat ibility with the historical
context and ensuring that it harmonizes with the
surrounding architectural elements and ambiance. The
Commission shall verify that the proposed construction
adheres to all relevant safety and building codes .
2. If the design of a building is deemed unsuitable for the
historical area after the extensive review by the Oklahoma Uniform
Building Code Commission, the municipality may impose necessary
design modifications to ensure it aligns with the preservation of
the historical characteristics of the location.
D. This act shall not apply to any building su bject to federal
or state height restrictions.
E. The Oklahoma Uniform Building Code Commission and Oklahoma
Housing Finance Agency shall have the authority to enforce this law
through their defined sections of this act by means of approval or
disapproval of future projects and fining cities , not in excess of
Twenty-five Thousand Dollars ($25,000.00), that are found violating
this law.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 43-120.3 of Title 11, unless
there is created a duplication in numbering, reads as follows:
Any citizen or organization may bring legal action against a
local government that fails to c omply with the requirements of this
act. Any citizen or organization that successfully brings suit
against a local government that is in noncompliance with this act
shall be entitled to injunctive relief and attorney fees.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10335 MJ 12/26/24