HUD 273000 America's Affordable Communities Initiative

America's Affordable Communities
Initiative

U.S. Department of Housing
and Urban Development

OMB approval no. 2535-0120
(exp. 11/30/2014)

Public reporting burden for this collection of information is estimated to average 3 hours. This includes the time for collecting,
reviewing, and reporting the data. The information will be used for encourage applicants to pursue and promote efforts to remove
regulatory barriers to affordable housing. Response to this request for information is required in order to receive the benefits to be
derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently
valid OMB control number.

Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers
Part A. Local Jurisdictions. Counties Exercising Land Use and Building Regulatory Authority and
Other Applicants Applying for Projects Located in such Jurisdictions or Counties
[Collectively, Jurisdiction]
1
2
1. Does your jurisdiction's comprehensive plan (or in the case of a tribe or TDHE, a local
No
Yes
Indian Housing Plan) include a “housing element? A local comprehensive plan
means the adopted official statement of a legislative body of a local government that
sets forth (in words, maps, illustrations, and/or tables) goals, policies, and guidelines
intended to direct the present and future physical, social, and economic development
that occurs within its planning jurisdiction and that includes a unified physical plan
for the public development of land and water. If your jurisdiction does not have a
local comprehensive plan with a “housing element,” please enter no. If no, skip to
question # 4.
2. If your jurisdiction has a comprehensive plan with a housing element, does the plan
provide estimates of current and anticipated housing needs, taking into account the
anticipated growth of the region, for existing and future residents, including low,
moderate and middle income families, for at least the next five years?
3. Does your zoning ordinance and map, development and subdivision regulations or
other land use controls conform to the jurisdiction's comprehensive plan regarding
housing needs by providing: a) sufficient land use and density categories
(multifamily housing, duplexes, small lot homes and other similar elements); and, b)
sufficient land zoned or mapped “as of right” in these categories, that can permit the
building of affordable housing addressing the needs identified in the plan? (For
purposes of this notice, "as-of-right," as applied to zoning, means uses and
development standards that are determined in advance and specifically authorized by
the zoning ordinance. The ordinance is largely self-enforcing because little or no
discretion occurs in its administration.). If the jurisdiction has chosen not to have
either zoning, or other development controls that have varying standards based upon
districts or zones, the applicant may also enter yes.
4. Does your jurisdiction’s zoning ordinance set minimum building size requirements
that exceed the local housing or health code or is otherwise not based upon explicit
health standards?

No

Yes

No

Yes

Yes

No

Page 1 of 5
Form HUD-27300 (4/04)

5. If your jurisdiction has development impact fees, are the fees specified and calculated
under local or state statutory criteria? If no, skip to question #7. Alternatively, if your
jurisdiction does not have impact fees, you may enter yes.
6. If yes to question #5, does the statute provide criteria that sets standards for the
allowable type of capital investments that have a direct relationship between the fee
and the development (nexus), and a method for fee calculation?
7. If your jurisdiction has impact or other significant fees, does the jurisdiction provide
waivers of these fees for affordable housing?
8. Has your jurisdiction adopted specific building code language regarding housing
rehabilitation that encourages such rehabilitation through gradated regulatory
requirements applicable as different levels of work are performed in existing
buildings? Such code language increases regulatory requirements (the additional
improvements required as a matter of regulatory policy) in proportion to the extent of
rehabilitation that an owner/developer chooses to do on a voluntary basis. For further
information see HUD publication: “Smart Codes in Your Community: A Guide to
Building Rehabilitation Codes”
(www.huduser.org/publications/destech/smartcodes.html)
9. Does your jurisdiction use a recent version (i.e. published within the last 5 years or, if
no recent version has been published, the last version published) of one of the
nationally recognized model building codes (i.e. the International Code Council
(ICC), the Building Officials and Code Administrators International (BOCA), the
Southern Building Code Congress International (SBCI), the International Conference
of Building Officials (ICBO), the National Fire Protection Association (NFPA))
without significant technical amendment or modification. In the case of a tribe or
TDHE, has a recent version of one of the model building codes as described above
been adopted or, alternatively, has the tribe or TDHE adopted a building code that is
substantially equivalent to one or more of the recognized model building codes?

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

Alternatively, if a significant technical amendment has been made to the above model
codes, can the jurisdiction supply supporting data that the amendments do not
negatively impact affordability.
10. Does your jurisdiction’s zoning ordinance or land use regulations permit
manufactured (HUD-Code) housing “as of right” in all residential districts and zoning
classifications in which similar site-built housing is permitted, subject to design,
density, building size, foundation requirements, and other similar requirements
applicable to other housing that will be deemed realty, irrespective of the method of
production?

Page 2 of 5
Form HUD-27300 (4/04)

11. Within the past five years, has a jurisdiction official (i.e., chief executive, mayor,
county chairman, city manager, administrator, or a tribally recognized official, etc.),
the local legislative body, or planning commission, directly, or in partnership with
major private or public stakeholders, convened or funded comprehensive studies,
commissions, or hearings, or has the jurisdiction established a formal ongoing
process, to review the rules, regulations, development standards, and processes of the
jurisdiction to assess their impact on the supply of affordable housing?
12. Within the past five years, has the jurisdiction initiated major regulatory reforms
either as a result of the above study or as a result of information identified in the
barrier component of the jurisdiction’s “HUD Consolidated Plan?” If yes, attach a
brief list of these major regulatory reforms.
13. Within the past five years has your jurisdiction modified infrastructure standards
and/or authorized the use of new infrastructure technologies (e.g. water, sewer,
street width) to significantly reduce the cost of housing?
14. Does your jurisdiction give “as-of-right” density bonuses sufficient to offset the cost
of building below market units as an incentive for any market rate residential
development that includes a portion of affordable housing? (As applied to density
bonuses, "as of right" means a density bonus granted for a fixed percentage or
number of additional market rate dwelling units in exchange for the provision of a
fixed number or percentage of affordable dwelling units and without the use of
discretion in determining the number of additional market rate units.)
15. Has your jurisdiction established a single, consolidated permit application process for
housing development that includes building, zoning, engineering, environmental, and
related permits? Alternatively, does your jurisdiction conduct concurrent, not
sequential, reviews for all required permits and approvals?
16. Does your jurisdiction provide for expedited or “fast track” permitting and approvals
for all affordable housing projects in your community?
17. Has your jurisdiction established time limits for government review and approval or
disapproval of development permits in which failure to act, after the application is
deemed complete, by the government within the designated time period, results in
automatic approval?
18. Does your jurisdiction allow “accessory apartments” either as: a) a special exception
or conditional use in all single-family residential zones or, b) “as of right” in a
majority of residential districts otherwise zoned for single-family housing?
19. Does your jurisdiction have an explicit policy that adjusts or waives existing parking
requirements for all affordable housing developments?
20. Does your jurisdiction require affordable housing projects to undergo public review
or special hearings when the project is otherwise in full compliance with the zoning
ordinance and other development regulations?

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

Yes

No

Total Points:

Page 3 of 5
Form HUD-27300 (4/04)

Part B. State Agencies and Departments or Other Applicants for Projects Located in Unincorporated
Areas or Areas Otherwise Not Covered in Part A
1

Does your state, either in its planning and zoning enabling legislation or in any other
legislation, require localities regulating development have a comprehensive plan
with a “housing element?” If no, skip to question # 4

2.

Does you state require that a local jurisdiction’s comprehensive plan estimate
current and anticipated housing needs, taking into account the anticipated growth of
the region, for existing and future residents, including low, moderate, and middle
income families, for at least the next five years?

3.

Does your state’s zoning enabling legislation require that a local jurisdiction’s
zoning ordinance have a) sufficient land use and density categories (multifamily
housing, duplexes, small lot homes and other similar elements); and, b) sufficient
land zoned or mapped in these categories, that can permit the building of affordable
housing that addresses the needs identified in the comprehensive plan?

4.

Does your state have an agency or office that includes a specific mission to
determine whether local governments have policies or procedures that are raising
costs or otherwise discouraging affordable housing?

5.

Does your state have a legal or administrative requirement that local governments
undertake periodic self-evaluation of regulations and processes to assess their impact
upon housing affordability address these barriers to affordability?

6.

Does your state have a technical assistance or education program for local
jurisdictions that includes assisting them in identifying regulatory barriers and in
recommending strategies to local governments for their removal?

7.

Does your state have specific enabling legislation for local impact fees? If no skip to
question #9.

8. If yes to the question #7, does the state statute provide criteria that sets standards for
the allowable type of capital investments that have a direct relationship between the
fee and the development (nexus) and a method for fee calculation?
9. Does your state provide significant financial assistance to local governments for
housing, community development and/or transportation that includes funding
prioritization or linking funding on the basis of local regulatory barrier removal
activities?

1

2

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

Page 4 of 5
Form HUD-27300 (4/04)

10. Does your state have a mandatory state-wide building code that a) does not permit
local technical amendments and b) uses a recent version (i.e. published within the last
five years or, if no recent version has been published, the last version published) of
one of the nationally recognized model building codes (i.e. the International Code
Council (ICC), the Building Officials and Code Administrators International (BOCA),
the Southern Building Code Congress International (SBCI), the International
Conference of Building Officials (ICBO), the National Fire Protection Association
(NFPA)) without significant technical amendment or modification?

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

Alternatively, if the state has made significant technical amendment to the model
code, can the state supply supporting data that the amendments do not negatively
impact affordability?
11. Has your jurisdiction adopted specific building code language regarding housing
rehabilitation that encourages such rehabilitation through gradated regulatory
requirements applicable as different levels of work are performed in existing
buildings? Such code language increases regulatory requirements (the additional
improvements required as a matter of regulatory policy) in proportion to the extent of
rehabilitation that an owner/developer chooses to do on a voluntary basis. For further
information see HUD publication: “Smart Codes in Your Community: A Guide to
Building Rehabilitation Codes”
(www.huduser.org/publications/destech/smartcodes.html)
12. Within the past five years has your state made any changes to its own processes or
requirements to streamline or consolidate the state’s own approval processes
involving permits for water or wastewater, environmental review, or other Stateadministered permits or programs involving housing development. If yes, briefly list
these changes.
13. Within the past five years, has your state (i.e., Governor, legislature, planning
department) directly or in partnership with major private or public stakeholders,
convened or funded comprehensive studies, commissions, or panels to review state or
local rules, regulations, development standards, and processes to assess their impact
on the supply of affordable housing?
14. Within the past five years, has the state initiated major regulatory reforms either as a
result of the above study or as a result of information identified in the barrier
component of the states’ “Consolidated Plan submitted to HUD?” If yes, briefly list
these major regulatory reforms.
15. Has the state undertaken any other actions regarding local jurisdiction’s regulation of
housing development including permitting, land use, building or subdivision
regulations, or other related administrative procedures? If yes, briefly list these
actions.
Total Points:

Page 5 of 5
Form HUD-27300 (4/04)