+---------------------------+-----------------+------------------------+
| **America\'s Affordable   | **U.S.          | OMB approval no.       |
| Communities Initiative**  | Department of   | 2510-0013              |
|                           | Housing and     |                        |
|                           | Urban           | (exp. 01/01/2006)      |
|                           | Development**   |                        |
+---------------------------+-----------------+------------------------+

# Questionnaire for HUD's Initiative on Removal of Regulatory Barriers

A. Local Jurisdictions and Other Applicants Applying for Projects
Located in Incorporated Jurisdictions ("Jurisdiction")

+-----------------------------------------------------------+-----+----+
|                                                           | **  | *  |
|                                                           | 1** | *2 |
|                                                           |     | ** |
+-----------------------------------------------------------+-----+----+
| 1.  Does your Jurisdiction\'s comprehensive plan (or in   | No  |    |
|     the case of a tribe or TDHE, a local Indian Housing   |     | Y  |
|     Plan) include a "housing element? A local             |     | es |
|     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  | No  |    |
|     housing element, does the plan provide estimates of   |     | Y  |
|     current and anticipated housing needs, taking into    |     | es |
|     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   | No  |    |
|     subdivision regulations or other land use controls    |     | Y  |
|     conform to the jurisdiction\'s comprehensive plan     |     | es |
|     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      | Yes | No |
|     housing or health code or is otherwise not based upon |     |    |
|     explicit health standards?                            |     |    |
+-----------------------------------------------------------+-----+----+

+-----------------------------------------------------------+----+----+
| 5.  If your jurisdiction has development impact fees, are |    |    |
|     the fees specified and calculated under local or      | No | Y  |
|     state statutory criteria? If no, skip to question #7. |    | es |
|     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   | No | Y  |
|     of capital investments that have a direct             |    | es |
|     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  | No | Y  |
|     fees for affordable housing?                          |    | es |
+-----------------------------------------------------------+----+----+
| 8.  Has your jurisdiction adopted specific building code  |    |    |
|     language regarding housing rehabilitation that        | No | Y  |
|     encourages such rehabilitation through gradated       |    | es |
|     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*"                    |    |    |
|     ([w                                                   |    |    |
| ww.huduser.org/publications/destech/smartcodes.html](http |    |    |
| ://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    | No | Y  |
|     version has been published, the last version          |    | es |
|     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?                                       |    |    |
|                                                           |    |    |
| > 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    | No | Y  |
|     "as of right" in all residential districts and zoning |    | es |
|     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?                                           |    |    |
+-----------------------------------------------------------+----+----+

+-----------------------------------------------------------+----+----+
| 11. Within the past five years, has a jurisdiction        | No |    |
|     official (i.e., chief executive, mayor, county        |    | Y  |
|     chairman, city manager, administrator, or a tribally  |    | es |
|     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 | No | Y  |
|     of the above study or as a result of information      |    | es |
|     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   | No | Y  |
|     the use of new infrastructure technologies (*e.g*.    |    | es |
|     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     | No | Y  |
|     below market units as an incentive for any market     |    | es |
|     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   | No | Y  |
|     development that includes building, zoning,           |    | es |
|     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    | No | Y  |
|     housing projects in your community?                   |    | es |
+-----------------------------------------------------------+----+----+
| 17. Has your jurisdiction established time limits for     |    |    |
|     government review and approval or disapproval of      | No | Y  |
|     development permits in which failure to act, after    |    | es |
|     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: 1) a special exception or conditional use  | No | Y  |
|     in all single-family residential zones or, 2) "as of  |    | es |
|     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   | No | Y  |
|     all affordable housing developments?                  |    | es |
+-----------------------------------------------------------+----+----+
| 20. Does your jurisdiction require affordable housing     |    |    |
|     projects to undergo public review or special hearings | Y  | No |
|     when the project is otherwise in full compliance with | es |    |
|     the zoning ordinance and other development            |    |    |
|     regulations?                                          |    |    |
+-----------------------------------------------------------+----+----+
| > **Total Points:**                                       |    |    |
+-----------------------------------------------------------+----+----+

B. State Agencies and Departments or Other Applicants for Projects
Located in Unincorporated Areas

+-----------------------------------------------------------+-----+-----+
|                                                           | **  | **  |
|                                                           | 1** | 2** |
+-----------------------------------------------------------+-----+-----+
| > 1 Does your state, either in its planning and zoning    | No  |     |
| > enabling legislation or in any other legislation,       |     | Yes |
| > 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  | No  |     |
| > **comprehensive** plan estimate current and anticipated |     | Yes |
| > 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       | No  |     |
| > require that a local jurisdiction's zoning ordinance    |     | Yes |
| > 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       | No  |     |
| > includes a specific mission to determine whether local  |     | Yes |
| > governments have policies or procedures that are        |     |     |
| > raising costs or otherwise discouraging affordable      |     |     |
| > housing?                                                |     |     |
+-----------------------------------------------------------+-----+-----+
| > 5\. Does your state have a legal or administrative      | No  |     |
| > requirement that local governments undertake periodic   |     | Yes |
| > 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      | No  |     |
| > education program for local jurisdictions that includes |     | Yes |
| > assisting them in identifying regulatory barriers and   |     |     |
| > in recommending strategies to local governments for     |     |     |
| > their removal?                                          |     |     |
+-----------------------------------------------------------+-----+-----+
| 7.  Does your state have specific enabling legislation    | No  |     |
|     for local impact fees? If no skip to question #9.     |     | Yes |
+-----------------------------------------------------------+-----+-----+
| 8.  If yes to the question #7, does the State statute     | No  |     |
|     provide criteria that sets standards for the          |     | Yes |
|     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         | No  |     |
|     assistance to local governments for housing,          |     | Yes |
|     community development and/or transportation that      |     |     |
|     includes funding prioritization or linking funding on |     |     |
|     the basis of local regulatory barrier removal         |     |     |
|     activities?                                           |     |     |
+-----------------------------------------------------------+-----+-----+

+-----------------------------------------------------------+-----+-----+
| 10. Does your state have a mandatory state-wide building  | No  |     |
|     code that a) does not permit local technical          |     | Yes |
|     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?      |     |     |
|                                                           |     |     |
| > 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  | No  |     |
|     language regarding housing rehabilitation that        |     | Yes |
|     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*"                    |     |     |
|     ([w                                                   |     |     |
| ww.huduser.org/publications/destech/smartcodes.html](http |     |     |
| ://www.huduser.org/publications/destech/smartcodes.html)) |     |     |
+-----------------------------------------------------------+-----+-----+
| 12. Within the past five years has your state made any    | No  |     |
|     changes to its own processes or requirements to       |     | Yes |
|     streamline or consolidate the state's own approval    |     |     |
|     processes involving permits for water or wastewater,  |     |     |
|     environmental review, or other State-administered     |     |     |
|     permits or programs involving housing development. If |     |     |
|     yes, briefly list these changes.                      |     |     |
+-----------------------------------------------------------+-----+-----+
| 13. Within the past five years, has your state (i.e.,     | No  |     |
|     Governor, legislature, planning department) directly  |     | Yes |
|     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   | No  |     |
|     major regulatory reforms either as a result of the    |     | Yes |
|     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  | No  |     |
|     local jurisdiction's regulation of housing            |     | Yes |
|     development including permitting, land use, building  |     |     |
|     or subdivision regulations, or other related          |     |     |
|     administrative procedures? If yes, briefly list these |     |     |
|     actions.                                              |     |     |
+-----------------------------------------------------------+-----+-----+
| > **Total Points:**                                       |     |     |
+-----------------------------------------------------------+-----+-----+