KansasSB 4182025–2026 Regular SessionSenateWALLET

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)

Signed by Governor

commerce

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

8 provisions identified: 6 benefits, 0 costs, 2 mixed.

Faster by-right permits for housing

Housing that meets by-right rules is approved without discretionary review. This covers single-family homes, townhomes (up to 12 attached units), and accessory dwelling units. Projects in historic districts, that need discharge permits or stormwater studies, or that worsen special flood hazard drainage are excluded. A complete application is deemed approved if not denied in time: 30 days normally, 60 days if a subdivision plat is needed, and 90 days if the plat covers more than 40 single-family homes. Cities and counties cannot make applicants waive these timelines.

Simpler rules for small single-family homes

For new single-family homes under 2,500 sq. ft. on their own lot, cities must allow certain standards. These include using the 2018 International Residential Code (or a locally adopted version), one-car garages, and architectural finish on only one side. Minimum lot size is 3,000 sq. ft., with reasonable setbacks for safety. Local rules that conflict with these small-home allowances are void for qualifying homes.

Single-family allowed on all residential land

Inside city limits, any land zoned for residential use is also zoned for single-family use. Cities may still apply reasonable rules on setbacks, development standards, utilities, subdivision, street and utility connections, grading plans, and platting.

Appeals and court review for permits

Applicants may appeal a conditional approval, denial, or inspection decision within 15 days. If the governing body or appeal board does not act by majority vote within 60 days, the plan is approved or the inspection is waived. Courts review denied by-right permits anew, checking fairness and abuse of discretion. If the authority acted in bad faith, a winning applicant can recover attorney fees; governments and third-party challengers cannot.

HOA and covenant rules still apply

The act does not change private covenants or homeowners association rules. Courts continue to recognize and enforce them under existing law.

Third-party plan reviews and inspections

Cities and counties can opt in to allow third-party reviews and inspections. In opted-in places, if the authority does not act in 30 days, a qualified, independent reviewer or inspector can step in. Allowed reviewers and inspectors include authority staff, approved staff from another city or county, ICC-certified inspectors, or licensed professional engineers. Third parties must follow the law and send results to the authority within 15 days. The authority cannot charge extra local fees for these third-party services.

Enforcement for by-right housing projects

Local regulators monitor by-right projects for compliance. If a project breaks the rules, they may fine the developer or require changes to fix it. These steps protect safety and standards but can add costs for builders and owners.

Rezoning notices and protest rights updated

Owner-initiated rezonings to single-family still require publication and a hearing, but no mailed notice or protest petitions. When five or more owners holding 10+ same-zoned lots seek a more restrictive rezoning, only publication and a hearing are required; no mailed notice or protest petitions. For city- or county-initiated rezonings of 10+ lots with 5+ owners, mailed notice goes only to the owners being rezoned, and only those owners may file a protest petition.

Sponsors & Cosponsors

Sponsor

  • TJ Rose

    Republican • Senate

Cosponsors

  • Ty Masterson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 284 • No: 41

Senate vote 4/23/2026

Yea: 117 Nay: 5

Yes: 117 • No: 5

Senate vote 4/23/2026

Yea: 97 Nay: 27

Yes: 97 • No: 27

Senate vote 4/23/2026

Yea: 35 Nay: 4

Yes: 35 • No: 4

Senate vote 4/23/2026

Yea: 35 Nay: 5

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

    4/9/2026Senate
  3. Conference Committee Report was adopted; Yea: 35 Nay: 4

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

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

    3/26/2026House
  6. Nonconcurred with amendments; Conference Committee requested; appointed Senator Alley , Senator Owens and Senator Faust Goudeau as conferees

    3/23/2026Senate
  7. Motion to accede adopted; Representative Tarwater, Representative Ward and Representative 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 Representative Hoheisel

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

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

    3/18/2026House
  12. Emergency Final Action - Passed as amended; Yea: 97 Nay: 27

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

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

    3/4/2026House
  15. Received and Introduced

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

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

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

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

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

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

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

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

    1/29/2026Senate
  24. Introduced

    1/28/2026Senate

Bill Text

  • As Amended by House Committee

  • As Amended by House Committee of the Whole

  • As Amended by Senate Committee

  • As introduced

  • Enrolled

Related Bills

Back to State Legislation