By Kentucky Representative Chad Aull
It’s a rarity in politics these days – a bill that passes with bipartisan sponsorship and unanimous support in the Kentucky House and Senate. So it’s puzzling why 2024’s House Bill 443, which simply seeks to provide clarity to planning and zoning laws, has become a victim to misinformation and personal whims.
As a sponsor of HB 443, I can confidently state that it was enacted to ensure that every community in Kentucky covered by these codes has clear processes in place to remove delays and provide consistency during the planning process. We must reduce regulation and speed up the planning process so our communities can meet affordable housing needs in Kentucky, while maintaining local control of the rules and public hearings.
Kentucky courts have consistently held that local communities must have clear and objective rules for evaluating development plans to comply with Kentucky law. HB443 only codifies and clarifies existing law for the review of development plans. HB 443 does not prohibit public hearings for the review and approval of development plans. No sponsor of HB 443 supported the prohibition of a public hearing during its adoption. Lexington is the only community in Kentucky to propose removing a public hearing from its processes.
The language of HB 443 doesn’t say anything about removing public engagement. I would never have co-sponsored a bill that removed the public’s voice from the process. My record on public engagement and transparency is strong. Just this past session, I voted against legislation that reduces access to public records.
Attorneys can debate what legislation means, but these facts are not debatable: HB443 simply aims to ensure cities adhere to objective planning and zoning laws and regulations. It does not change any of Lexington’s current planning and zoning laws. In addition to being an outlier on removing the public from the process, Lexington is the only city claiming major changes are needed because of HB 443.
There is a housing crisis in Kentucky. In Fayette County alone, 22,000 housing units are needed to meet demand today. Our intent was to reduce regulation and speed up the process. Lexington’s proposed plans will do the opposite.
I urge the Council to keep the public involvement that has long been a hallmark of Lexington’s government but reject the bureaucracy that will erect roadblocks to solving our housing crisis.
Rep. Chad Aull, D-Lexington, was a co-sponsor of House Bill 443 and former president of the Lansdowne Neighborhood Association.