SB 418 — Enacting the by-right housing development act to provide a streamlined permit approval process for by-right housing developments, allowing third-party review of new residential construction development documents and inspection of improvements, requiring political subdivisions to allow certain building provisions for certain single-family residences of a certain size, excluding owner initiated rezoning to a single-family residential district from protest petition provisions and providing for all land within the corporate limits of a city that is zoned for any type of residential use to be considered zoned for single-family residential use.

{As Amended by House Committee of the Whole} As Amended by House Committee As Amended by Senate Committee Session of 2026 SENATE BILL No.

418 By Senators Rose and Masterson 1-28 AN ACT concerning housing;

enacting the by-right housing development act providing a streamlined permit approval process for by-rightby- right housing developments;

requiring political subdivisions to allow certain building provisions for certain single-single-family family residences of a certain size;

(2) "By-right housing development" refers to the approval of proposed housing projects as a matter of right if such projects comply with established land use regulations, without the need for discretionary review or approval if such projects comply with established land use regulations and:

(A) Are(A) Do lessnot thanrequire 1federal acreor instate size;discharge permits or stormwater drainage studies;

SB(B) have 418—Am.a maximum of 12 attached units as part of any townhouse project;

by(C) comply HCWwith 2the (B) havecondition athat maximumthe construction of 12public units;infrastructure extensions or improvements:

(C) do(i) Is not requirerequired nofor {any}the publicdevelopment; infrastructure extensions or improvements;

(ii) has been completed;

or (iii) is a condition of the regulatory authority's approval of the application for a by-right housing development that has been agreed to by the applicant;

and (E) are not inlocated within a planneddistrict zoninglisted district;on the national register of historic places or otherwise subject to historic preservation review under applicable state, federal or local law.

and (F) are not located within a district listed on the national register of historic places or otherwise subject to historic preservation review under applicable state, federal or local law.

(2) ASENATE completeBILL applicationNo. for a by-right housing development that demonstrates that such development meets the criteria outlined in the zoning code and land use regulations shall be deemed approved unless the application is denied within 15 30 days of receipt by the permitting or regulatory authority, or within 60 days for an application that requires approval of a subdivision plat pursuant to K.S.A.

418—page 2 (2) A complete application for a by-right housing development that demonstrates that such development meets the criteria outlined in the zoning code and land use regulations shall be deemed approved unless the application is denied within 30 days of receipt by the permitting or regulatory authority, or within 60 days for an application that requires approval of a subdivision plat pursuant to K.S.A.

12-752, and amendments thereto, or within 90 days for an application that requires approval of a subdivision plat of more than 40 single-family homes pursuant to K.S.A.

Nothing in this section shall be SBconstrued 418—Am.to invalidate or limit the legality, enforceability or effect of restrictive covenants or condominium association or homeowners association regulations.

by HCW 3 construed to invalidate or limit the legality, enforceability or effect of restrictive covenants or condominium association or homeowners association regulations.

12-760, and amendments thereto, {except}except that if the regulatory authority has established an administrative appeal process to consider such appeals, such administrative appeal process may be completed first.

(4) The court retains the authority to exercise equitable authority where appropriate and shall may, upon a finding that the permitting authority acted in bad faith, award reasonable attorney fees and costs to a prevailing applicant.

(2) "Development inspection" means the inspection of an improvement to land for new residential construction required by a regulatorySENATE authorityBILL asNo. part of a project to develop the land for residential construction or construct or improve an improvement to the land for new residential construction.

418—page 3 regulatory authority as part of a project to develop the land for residential construction or construct or improve an improvement to the land for new residential construction.

SB(4) "Regulatory 418—Am.authority" means the governing body of a political subdivision or a department, board, commission or other entity of the political subdivision responsible for processing or approving a development document or conducting a development inspection that has elected to be subject to this section.

by HCW 4 (4) "Regulatory authority" means the governing body of a political subdivision or a department, board, commission or other entity of the political subdivision responsible for processing or approving a development document or conducting a development inspection that has elected to be subject to this section.

(1) If a regulatory authority does not approve, conditionally approve or deny a development document within 15 30 days of receipt, any required review of the document may be performed by a person:

(2) If a regulatory authority does not conduct a required development inspection within 15 30 days after receipt of a request for an inspection, the inspection may be conducted by a person:

(1) A person who reviews a SBdevelopment 418—Am.document or conducts a development inspection under subsection (b) shall:

by HCW 5 development document or conducts a development inspection under subsection (b) shall:

(2) A regulatory authority may prescribe a reasonable format for theSENATE noticeBILL requiredNo. under paragraph (1).

418—page 4 the notice required under paragraph (1).

(3) Notwithstanding any provision of law to the contrary, if the governing body or designated appeal board hearing the appeal does not affirm or modify the decision being appealed by a majority vote within 60 days after the date that the appeal is filed, then:

3. (a) Notwithstanding any provision of law to the contrary, for new construction of single-family residences that are less than 3,0002,500 2,000 square feet of total livable floor area, or gross floor area minus garages and basements, in size, and are constructed on each such residence's own separate lot or parcel with its own individual legal description, all political subdivisions shall allow the following:

(B) the version of the 2018 edition of the IRC previously adopted by SBthe 418—Am.political subdivision;

by HCW 6 the political subdivision;

12-757.12- 757.

AAproposal proposal for such amendment may be initiated by the governing body or the planning commission.

If such proposed amendment is not a general revision of the existing regulationsSENATE andBILL affectsNo. specific property, the amendment may be initiated by application of the owner of property affected.

418—page 5 regulations and affects specific property, the amendment may be initiated by application of the owner of property affected.

In addition to such publication notice, written notice of such proposed SBamendment 418—Am.shall be mailed at least 20 days before the hearing to all owners of record of real property within the area to be altered and to all owners of record of real property located within at least 200 feet of the area proposed to be altered for regulations of a city and to all owners of record of real property located within at least 1,000 feet of the area proposed to be altered for regulations of a county.

by HCW 7 amendment shall be mailed at least 20 days before the hearing to all owners of record of real property within the area to be altered and to all owners of record of real property located within at least 200 feet of the area proposed to be altered for regulations of a city and to all owners of record of real property located within at least 1,000 feet of the area proposed to be altered for regulations of a county.