Does a KY law mean Lexington has to end public comment on new developments?
Lexington will no longer consider public comments when approving new developments starting this summer.
The city has to change its zoning ordinances to comply with a new state law designed to speed up the approval process for new developments, officials say.
But opponents of the planned changes — including several lawmakers who backed the new law — say the city is overstepping the requirements.
House Bill 443, passed in 2024, requires “objective standards” to be outlined in local ordinances. The law, little more than 100 words long, does not elaborate on what it means to be “objective.”
City officials say that unambiguously eliminates the ability for planning staff to meaningfully consider public comment.
The bill’s own sponsor disagrees with Lexington’s interpretation of the law.
House Majority Floor Leader Steven Rudy, R-Paducah, said it was not his intention to limit public input but rather to help developers who had complained about standards being unevenly applied.
He said that public input should “absolutely” still be considered under the law.
“It was not intended to not have public input,” Rudy said. “It was all geared toward inspectors overstepping their bounds and taking loose interpretations to come up with subjective standards of ‘I would really prefer you do this.’”
The law was mostly geared at issues highlighted in Lexington. Rudy added that, to his knowledge, every other community applying the law has not interpreted it as Lexington, including Louisville.
“I have no idea why a liberal thinks the way a liberal thinks,” Rudy said.
“Everybody else has gotten on board. Lexington is just being Lexington,” he added. “If they don’t figure this out and get it right, we’re going to fix it legislatively again.”
What changes is Lexington making to zoning laws?
The new law says officials can only apply “discretion” if a developer submits a waiver to deviate from an objective standard, or if planning staff finds “substantial evidence” that the proposed plan would pose a threat to public health, safety or welfare. Both of those cases would trigger a public hearing where citizen comments can be considered.
Public hearings will still be held for proposed developments that require a zoning change.
Developers think the law imposes too strict of requirements, and neighbors are upset the city won’t be able to consider public comment on development issues.
Local officials said HB 443 is “a bad bill.”
The state law goes into effect July 1, which means Lexington has until then to update local ordinances to be in compliance. If the city don’t change its rules by then, it could face lawsuits, said Principal Planner Daniel Crum.
Council started debating changes to the local ordinances last week, but continued discussion to Tuesday after nearly four hours.
The council approved some amendments at Tuesday’s meeting.
Developers will now be required to post a sign on site detailing the plans for the lot. They will also be required to notify anyone living within 250 feet of the proposed development of the plans by mail.
The planning commission will have to list recently approved developments on its agenda and allow for public comment.
But that public comment won’t have any impact, since it comes after plans have already been approved.
Law Commissioner David Barberie said the issue isn’t that the government can’t hold public hearings for developments, it’s that the new state law prohibits the city from making changes or decisions based on public input, making it irrelevant.
Lexingtonians said city council is overstepping and not staying in line with the spirit of the law by eliminating meaningful public comment.
“The bill says absolutely nothing about public engagement, and for it to be interpreted in such a way that keeps the public out of the room during the final development plan conversation, it really puts us in the dark, and that’s never a good thing,” said Mike Brower, vice president of the Southern Heights Neighborhood Association, at the May 13 city council meeting.
“Public input might slow the process down a little bit, but the results will be better if the public has an opportunity to weigh in.”
Leon Slater, president of the Oakwood Subdivision Association, said the council is “on the verge of becoming authoritarian.”
HB 443 bill received unanimous support in both the state House and Senate last year and was signed into law by Gov. Andy Beshear.
Rep. George Brown Jr., a Democrat who represents part of Fayette County in the state legislature, said at the May 6 Lexington city council meeting that he didn’t realize the bill would take away the ability to consider public comment when he voted for it last year.
Co-sponsor of the bill Rep. Chad Aull, another Democrat who also represents part of Fayette County in the state legislature, said in an op-ed published by the Herald-Leader April 30 the bill does not prohibit public hearings for development plans, and he would never co-sponsor a bill that removed the public’s voice from the process.
Councilmember Emma Curtis said the legislature’s intent does not matter, the city has to follow what the law actually says.
“The authors of these bills are not lawyers. They are not otherwise qualified to provide legal advice or counsel to (Lexington Fayette Urban County Government),” she said.
“I don’t think it is appropriate for this body to disregard the text of state law and the advice and interpretation of our legal counsel all because some state representatives didn’t understand the impact of a bad bill that they worked to pass.”
Council is set to vote on the newly amended zoning ordinances May 29.
Herald-Leader staff writer Austin Horn contributed to this story.
This story was originally published May 15, 2025 at 12:06 PM.