KY lawmakers passed a new law on development. Let’s be clear about what it means | Opinion

Let’s take a look at the impact of a new state law, HB 443, on the process Lexington uses to approve plans for new building developments. It’s important to focus on the facts after a recent opinion piece in this space written by Raquel Carter distorted the truth.

The law, passed last year by the Kentucky General Assembly, requires changes in the way Lexington reviews and approves these plans. Development plans include the specifics about a building project … size, access, landscaping, parking, etc.

To comply with the law, the Planning Commission has proposed changes to our development plan approval process. In early May, those proposed changes will go to the Urban County Council for its consideration.

The state law is short — two paragraphs long. It requires establishment of a process for approval of development plans; and creation of objective standards for these plans.

Lexington did not advocate for the state law. We are simply adjusting to its requirements. On the other hand, Commerce Lexington, Lexington’s Chamber of Commerce, did advocate in Frankfort for its passage.

The most significant impact of HB 443 is on public input in the development plan process. Proposed changes that are required by HB 443 have raised public concerns.

Before HB 443, in Lexington every development plan was reviewed and approved by the Planning Commission after a public hearing. HB 443 removes this public hearing process.

Beginning July 1, the state law will require staff-level review of development plans.

The second part of the new law requires the establishment of objective standards for developments. That is exactly what Commerce Lexington’s “Lexington for Everyone” asked the legislature to do.

Curiously, Mrs. Carter, a Realtor who is a member of Commerce Lexington’s “Lexington for Everyone” Board, and of the Board of Adjustment, said that the changes proposed in Lexington’s process will “add cost and bureaucracy” and “red tape” to the development process.

If anything, the changes proposed because of HB 443 will make our development approval process faster because the new standards depend upon meeting specific and basic objective standards.

It’s also important to understand that the changes proposed in response to HB 443 were developed after meetings with many individuals and groups, including the development community. Oddly enough, Mrs. Carter has never requested a discussion about the proposed changes even though, as a member of the Board of Adjustment, she has frequent contact with planning staff.

As Commissioner of the Planning Department, my focus is on complying with the new state law, while also assuring the safe and timely development of property in Lexington. I believe the changes proposed will accomplish those goals.

Keith Horn is commissioner of Planning and Preservation for the Lexington Fayette Urban-County Government.

This story was originally published April 23, 2025 at 2:32 PM.