Zoning Deregulation Act

Economy
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Section 1: Findings and Purpose

(a) Findings

  1. Restrictive zoning laws have contributed to high housing costs, limited land use, and reduced economic opportunities for millions of Americans.

  2. Current zoning laws hinder property owners’ rights, stifle small business growth, and create unnecessary barriers to community development.

  3. Empowering property owners to develop land freely, in accordance with their needs and community agreements, aligns with American principles of individual liberty and economic freedom.

(b) Purpose
The purpose of this Act is to:

  1. Reduce unnecessary restrictions on land use to enhance property rights and economic opportunities.

  2. Empower local communities to implement voluntary, private community standards in place of traditional zoning laws.

  3. Promote economic growth, housing affordability, and efficient land use.

Section 2: Elimination of Single-Use Zoning Restrictions

(a) General Prohibition on Single-Use Zoning

  1. No federal, state, or local government may enforce zoning laws that restrict a property to a single use (such as exclusively residential or exclusively commercial zoning).

  2. Mixed-use developments shall be permissible, allowing residential, commercial, and industrial uses within a single zoning area, subject to property rights protections.

(b) Right of Appeal for Mixed-Use Development Proposals

  1. Property owners may petition for mixed-use development on existing single-use zones, with the right to appeal to an independent review board if denied.

  2. Appeals must be reviewed within 90 days to ensure timely consideration.

Section 3: Cap on Local Zoning Authority

(a) Limitation of Municipal Zoning Power

  1. Local governments shall retain authority to set general guidelines for development but may not enforce zoning regulations that infringe upon the property rights of landowners to use their land as they see fit.

  2. Local zoning guidelines must be no more restrictive than necessary to protect public safety, health, and fundamental rights.

(b) Oversight Mechanism

  1. A commission within the Department of Housing and Urban Development (HUD) will review complaints of overreach by local zoning authorities and may mandate compliance with this Act.

Section 4: Incentives for Private Community Development

(a) Establishment of Voluntary Community Standards

  1. Property owners in residential areas may enter into private, voluntary land-use agreements with neighbors to establish local community standards.

  2. Standards shall be non-binding on those outside the agreement and may not infringe upon fundamental property rights.

(b) Encouragement of Covenant Communities

  1. This Act encourages the creation of covenant communities, wherein residents may set agreed-upon standards for land use without imposing public zoning restrictions.

  2. HUD shall publish guidance on best practices for establishing and managing covenant-based community standards.

Section 5: Reduction of Regulatory Compliance Costs

(a) Simplification of Building Permit Process

  1. Federal, state, and local governments shall reduce the compliance requirements for obtaining building permits by eliminating non-essential zoning regulations.

  2. HUD will issue guidance to reduce fees and streamline applications, prioritizing efficiency and transparency in the permit process.

(b) Cost Reduction for Small Businesses

  1. The Small Business Administration (SBA) will provide grants to small businesses to offset costs associated with compliance in areas transitioning from traditional zoning laws to the provisions of this Act.

Section 6: Homesteading and Private Ownership of Public Lands

(a) Homesteading Opportunities

  1. Federal lands deemed underutilized may be opened for homesteading, giving citizens the opportunity to acquire and develop land according to their needs.

(i) For the purposes of this section, “underutilized” refers to federal lands that are not actively used for government purposes, such as conservation, military operations, or essential public infrastructure, and are not being developed or maintained for productive economic activity.

(ii) Underutilized lands may include vacant, non-cultivated lands, lands not designated for environmental protection, and areas not meeting the criteria for immediate or foreseeable public development.

(iii) An independent panel within the Department of the Interior will review and certify lands as underutilized before they are made available for homesteading.

  1. Homesteading participants must commit to productive and sustainable use within five years.

(b) Competitive Bidding for Public Land Use

  1. Public lands not suitable for homesteading may be made available for private development through a competitive bidding process, promoting economically productive land use.

  2. Proceeds from land bids shall fund infrastructure and public services in economically disadvantaged areas.

Section 7: Reporting Requirements and Oversight

(a) Annual Report to Congress

  1. HUD shall submit an annual report detailing the impact of zoning deregulation on housing affordability, property rights, and economic growth.

  2. Reports shall include an assessment of any unintended consequences and recommendations for amendments.

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