Land Use and Development Regulations

Owners of agricultural enclaves can now apply for administrative approval of development regardless of comprehensive plan conflicts, with a rebuttable presumption that such amendments are not urban sprawl if they meet specific density and use requirements.

Deleted language allowing agricultural enclave owners to apply for comprehensive plan amendments, replaced with administrative approval process that requires negotiation in good faith with local governments.

New requirements mandate that recreational covenants recorded on or after July 1, 2025 must specify amenity fee structures, collection methods, and disclosure summaries before property sales, with annual fee increases capped at CPI or 25% of prior expenses.

Counties and municipalities are prohibited from requiring applicants to install works of art or pay fees for art as conditions of processing development permits or orders.

Administrative agencies must approve plat submittals within 45 days and comprehensive plan amendments within 180 days, with automatic withdrawal if deadlines are missed without agreement.

Property owners can file civil actions for relief if comprehensive plan amendments are not adopted within 180 days or if applicants are denied hearings, shifting the burden of proof to local governments.

New definitions created for 'agricultural enclave' (up to 1,280 acres with specific surrounding development requirements), 'recreational covenant,' 'amenity dues,' and 'private amenity owner' to standardize regulatory language.

New section clarifies that ethanol production from plants through fermentation and distillation is not considered chemical manufacturing or refining for regulatory purposes.