HB 771: Land subdivision and development; mandatory provisions of a subdivision ordinance.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Land subdivision and development; mandatory provisions of a subdivision ordinance; periodic partial and final release of certain performance guarantees. Provides that the amount of a certified check, cash escrow, bond, or letter of credit required to be furnished by an owner or developer to a governing body related to certain improvements dedicated for public use within any subdivision shall not exceed the total estimated cost of construction as determined by a duly licensed professional engineer or land surveyor and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed five percent of the estimated construction costs. Current law requires that such amount not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and such reasonable allowance, which shall not exceed 10 percent of the estimated construction costs. The bill also provides that periodic partial releases of certain performance guarantees granted to subdividers or developers may not occur before the completion of at least 15 percent of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee. Current law provides such partial release may not occur before the completion of at least 30 percent of such public facilities. The bill also requires that a certification of partial or final completion of such public facilities from a duly licensed professional engineer or land surveyor be accepted without requiring further inspection of such public facilities. Current law allows, but does not require, such certifications be accepted without further inspection.

Sponsors

Sponsors by party (alphabetical): Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 18, 2026Left in Committee Counties, Cities and Towns
2. January 29, 2026Subcommittee recommends laying on the table (5-Y 1-N)
3. January 29, 2026House subcommittee offered
4. January 28, 2026Assigned HCCT sub: Subcommittee #3
5. January 13, 2026Referred to Committee on Counties, Cities and Towns
6. January 13, 2026Prefiled and ordered printed; Offered 01-14-2026 26103494D