Similar to SB 172, this mammoth preemption legislation prohibits cities and counties from regulating "building design elements" in single or double family dwellings.  Local governments could no longer enact standards on:

-      exterior building color,

-      type or style of exterior cladding material, 

-      style or materials of roof structures or porches,

-      exterior nonstructural architectural ornamentation,

-      location or architectural styling of windows and doors, including garage doors,

-      the number and types of rooms, 

-      the interior layout of rooms, and

-      types of foundation structures approved under state minimum standard codes.  

In short, if a house meets state minimum standard building codes, it can be built.  The legislation would not apply to state or federal historic districts, mobile homes and homes governed by a neighborhood association or covenant.  

If applicable, please share examples of how this would impact any local design standards that your county has adopted with Todd Edwards (tedwards@accg.org).    

This preemption legislation, following on the heels of HB 302 and SB 172, prohibits cities and counties from regulating any building material, product or construction practice for single-family homes if these are approved in the state minimum standard codes - unless permission is granted from an advisory committee at DCA through a lengthy building code amendment process. Residential building design standards for aesthetic purposes would not be allowed (even with the DCA committee's permission) since the only local building code amendments allowed under state law must be based solely on local climatic, geologic, topographic, or public safety factors.  ACCG opposes state preemption of local land use decisions, to include design standards, believing these decisions are best made at the local level by county commissioners elected by, and accountable to, the communities they serve.

To view ACCG and GMA's talking points on HB 937, please click here.