KansasSB 4182025–2026 Regular SessionSenate

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.

Sponsored By: TJ Rose (Republican), Ty Masterson (Republican)

Signed by Governor

house committee on commercesenate committee on commerce

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Restoration limits for badly damaged buildings

A building cannot be restored to a use that conflicts with applicable planning rules after damage exceeds 50% of its fair market value. Both the damage threshold and the nonconforming use must apply. Affected owners may need to change the building's use rather than restore its former use.

More building choices for smaller homes

Local governments must allow specified building options for new single-family homes under 2,500 square feet, excluding garages and basements. Each home must have its own separately described lot or parcel. Options include permitted versions of the 2018 International Residential Code, a single-car garage, architectural finish on only one side, and a 3,000-square-foot minimum lot. Setbacks must avoid unwarranted hardship while protecting safety and public welfare. Conflicting local requirements are void for these properties.

Stronger court review for housing applicants

Applicants denied a by-right housing permit can seek a fresh court review of the full record. The authority's findings must have clear and convincing evidence, or the court finds an abuse of discretion. Courts can send overturned denials back for reconsideration or order the permit issued. Successful applicants may receive reasonable attorney fees and costs when the authority acted in bad faith. Governments and third parties challenging a permit cannot receive attorney fees or costs.

Outside reviewers can ease housing delays

Local governments can opt in by majority vote to outside reviews and inspections for new residential construction. After 30 days without document approval, conditional approval, or denial—or without a requested inspection—qualified outside reviewers can step in. Document reviewers must be authorized government employees or licensed professional engineers; inspectors can also be certified building inspectors, and neither can review their own work. The local authority cannot charge an additional fee for this work, and reviewers must report results within 15 days after completion. Affected people have 15 days to appeal; without a majority decision affirming or modifying within 60 days, the document is approved or the inspection waived.

Faster housing approvals with continued oversight

The law requires approval without discretionary review for qualifying detached or semi-detached homes, duplexes, townhouses, and accessory dwelling units. Projects must meet zoning rules, need no state or federal discharge permits or stormwater drainage studies, and have no more than 12 attached townhouse units. Required public infrastructure must be completed or agreed to by the applicant; projects cannot worsen drainage into designated flood-hazard areas through added hard surfaces, lie in National Register historic districts, or require historic-preservation review. Complete applications are approved automatically unless denied within 30 days, 60 days when subdivision approval is needed, or 90 days for subdivisions exceeding 40 single-family homes; subdivision laws still apply. Regulators must monitor approved projects and may impose fines, penalties, or required changes for violations; private covenants and association rules remain enforceable.

More single-family zoning, fewer protest rights

Land inside city limits zoned for any residential use also counts as zoned for single-family homes, while keeping its other zoning. Cities retain reasonable rules for setbacks, development standards, utilities, streets, grading, subdivisions, and platting. When an owner other than a city or county requests single-family rezoning, publication notice and a hearing remain required. Zoning protest petitions cannot be used for those requests.

Sponsors & Cosponsors

Sponsors

  • TJ Rose

    Republican • Senate

  • Ty Masterson

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 568 • No: 82

Senate vote • 4/23/2026

Yea: 97 Nay: 27

Yes: 97 • No: 27

Senate vote • 4/23/2026

Yea: 35 Nay: 5

Yes: 35 • No: 5

Senate vote • 4/23/2026

Yea: 35 Nay: 4

Yes: 35 • No: 4

Senate vote • 4/23/2026

Yea: 117 Nay: 5

Yes: 117 • No: 5

Senate vote • 3/27/2026

Conference Committee Report was adopted

Yes: 35 • No: 4

House vote • 3/26/2026

Conference Committee Report was adopted

Yes: 117 • No: 5

House vote • 3/18/2026

Emergency Final Action - Passed as amended

Yes: 97 • No: 27

Senate vote • 2/18/2026

Final Action - Passed as amended

Yes: 35 • No: 5

Actions Timeline

  1. Enrolled and presented to Governor on Monday, March 30, 2026

    4/9/2026Senate
  2. Approved by Governor on Tuesday, April 7, 2026

    4/7/2026Senate
  3. Conference Committee Report was adopted; Yea 35, Nay 4, Absent 1

    3/27/2026Senate
  4. Conference committee report now available

    3/26/2026House
  5. Conference Committee Report was adopted; Yea 117, Nay 5, Absent 3

    3/26/2026House
  6. Nonconcurred with amendments; Conference Committee requested; appointed Sen. Larry Alley, Sen. Stephen Owens and Sen. Oletha Faust Goudeau

    3/23/2026Senate
  7. Motion to accede adopted; Rep. Sean Tarwater, Rep. Jill Ward and Rep. Stephanie Sawyer Clayton appointed as conferees

    3/23/2026House
  8. Committee of the Whole - Committee Report be adopted

    3/18/2026House
  9. Committee of the Whole - Motion to Amend - Offered by Rep. Nick Hoheisel

    3/18/2026House
  10. Committee of the Whole - Amendment by Rep. Nick Hoheisel was adopted

    3/18/2026House
  11. Committee of the Whole - Be passed as amended

    3/18/2026House
  12. Motion to advance to Emergency Final Action adopted

    3/18/2026House
  13. Emergency Final Action - Passed as amended; Yea 97, Nay 27, Absent 1

    3/18/2026House
  14. Committee Report recommending bill be passed as amended by House Committee on Commerce, Labor and Economic Development

    3/11/2026House
  15. Hearing: Wednesday, March 4, 2026, 1:30 PM — Room 346-S

    3/4/2026House
  16. Received and Introduced

    2/24/2026House
  17. Referred to House Committee on Commerce, Labor and Economic Development

    2/24/2026House
  18. Final Action - Passed as amended; Yea 35, Nay 5

    2/18/2026Senate
  19. Committee of the Whole - Committee Report be adopted

    2/17/2026Senate
  20. Committee of the Whole - Be passed as amended

    2/17/2026Senate
  21. Committee Report recommending bill be passed as amended by Senate Committee on Commerce

    2/16/2026Senate
  22. Hearing: Tuesday, February 3, 2026, 1:30 PM — Room 159-S

    2/3/2026Senate
  23. Referred to Senate Committee on Commerce

    1/29/2026Senate
  24. Introduced

    1/28/2026Senate

Bill Text

  • As Amended by House Committee on Commerce, Labor and Economic Development

  • As Amended by Senate Committee on Commerce

  • As Introduced

  • Enrolled

  • {As Amended by House Committee of the Whole}

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