SB388 Changes Explanation One Pager

Explainer: SB 388 (Faith in Housing) Amendments

SB 388 (Faith in Housing) continues to do what it was designed to do: Allow faith institutions and certain property-tax-exempt nonprofits to build affordable homes on their land with greater predictability, lower cost, and without a rezoning process.

Changes have been made to address concerns and clarify processes. We believe these changes meaningfully address the concerns raised by stakeholders while maintaining the core of the legislation.

1. Infrastructure Requirements

Water and sewer lines must already be located within 500 feet of the property line

This ensures the bill applies only to infrastructure-ready sites and does not create significant new utility costs for local governments or facilitate sprawl

2. Environmental & Archaeological Protections

All projects must comply with existing local, state, and federal environmental laws

Archaeological protections are explicitly included

Environmental & siting rules already contained in zoning and land-use codes still apply

3. Setbacks

Setbacks are standardized and predictable at either 10 feet, or the smallest existing setback within 500 feet, whichever is less

4. Military Base Protections (AICUZ)

The bill does not apply to land located within Air Installation Compatible Use Zones

5. Historic Preservation & Local Authority

Local governments fully retain their existing authority to:

Protect historic and archaeological resources

Establish and enforce historic districts

Within designated historic districts height may only reach a maximum of 60 feet, and only where similar-height buildings already exist nearby. Otherwise, the 45-foot cap applies

Outside of designated historic districts, height may reach 45 feet, or the height of the tallest existing building nearby, whichever is tallest

House Explainer: SB 388 is Different than HB 1279 in 7 Ways:

1. Water & Sewer Requirement

Projects can only proceed where public water and sewer already exist within 500 feet of the property line. This ensures the bill applies only in places that are already served by infrastructure and does not shift infrastructure costs onto localities.

2. Environmental, Archaeological, and Siting Compliance

Nothing in the bill overrides existing environmental or archaeological protections. Projects must comply with all local, state, and federal environmental, archaeological, and siting laws, including those already embedded in zoning and land-use codes. Amendments clarify this requirement by explicitly reaffirming these requirements.

3. Height Limits, Including Historic Districts

Outside historic districts, height is capped at 45 feet or the tallest building within 500 feet.

Within designated historic districts, height may go up to 60 feet only if similar-height buildings already exist nearby. Otherwise, the lower 45 foot cap applies.

4. Setbacks

Setbacks are simple and predictable: a flat 10-foot setback, or matching the lowest existing nearby setbacks.

5. Military Base (AICUZ) Exclusion

The bill does not apply to land within Air Installation Compatible Use Zones near military air installations or auxiliary landing fields. This directly addresses military readiness concerns and livability concerns.

6. Explicit Preservation of Local Historic & Archaeological Authority

Local governments fully retain their existing legal authority to protect historic and archaeological resources and to establish historic districts. The bill does not weaken or preempt those powers.

7. No Reenactment Clause

The bill that passed the Senate does not have the harmful re-enactment clause that was a part of the adopted House bill. This means that faith communities can get to work sooner on developing affordable housing projects.

COMMONWEALTH HOUSING COALITION

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