Journalist: Dylan Davis (OSU)
On Thursday afternoon on the OIL Senate Floor, Sen. Wick (OU) introduced the
“Missing Middle Housing Act.” This act, which passed the Senate and will be heard in the House
in the coming days, would increase state involvement in the zoning process and allow developers
to build duplexes, apartments and neighborhood commercial establishments, such as corner
stores, in all residentially zoned districts. This act would accomplish this by overriding much of
the current control that cities have on residential zoning rules and transferring it to the state
government.
One way the act does this is by ending city governments’ ability to override the
construction of a residential project on the sole basis of its type of construction. For example, if a
city government denied a residential permit for an apartment complex solely because of its kind
of construction, that practice would no longer be legal under this new law and would be
considered “discriminatory” permitting. This would greatly ease developers’ ability to obtain
permits for non-single-family housing and open the door to higher-density developments across
Oklahoma.
Cities would have over a year to comply with these new regulations. To assist with this
transition, within six months of the bill’s passage, the Oklahoma Department of Commerce
would establish and publish new zoning guidance to “assist municipalities” with transitioning to
the new guidelines.
Cities would still be able to deny permits, but would be required to prove that their denials are based on quantifiable metrics rather than on reasons this bill deems discriminatory. For example, if a city deems that a residential apartment would harm current residents through increased light pollution, noise pollution and other metrics like these, then they still would retain the right to refuse to permit certain projects on residentially zoned land. Sen. Wick will present the bill in the OIL House of Representatives within the coming days. There, the bill will look to pass once again and continue on its path towards changing the landscape of Oklahoma cities.