HB 5934 (Michigan, 2025-2026) — Summary
Purpose
- Amend the Stille-DeRossett-Hale single state construction code act (1972 PA 230) to establish a formal timeframe for issuing or denying building permit applications and to provide a reimbursement remedy if the department misses the deadline on department-originated applications.
Key Provisions and Changes
1) Permit decision timelines
- Enforcing agencies (local or state entities responsible for administering the permit process) must:
- Approve, grant (in whole or in part), or deny a building permit within:
- 10 business days after receipt of the application, for typical cases; or
- 15 business days for unusually complicated buildings or structures.
- If the agency fails to act within these timeframes, the failure is deemed a denial for purposes of appeals to the appropriate board of appeals.
- The agency may approve amendments to plans and specifications previously approved, provided revised plans remain compliant with law.
2) Construction prior to permit
- Generally, construction or alteration may not commence until a building permit is issued.
- Construction must comply with the approved permit application, and the enforcing agency must ensure compliance through its own methods (as outlined in §12 and other provisions).
3) Enforcement actions
- The enforcing agency has authority to suspend, revoke, or cancel a permit for failure or neglect to comply with the act or the code.
- The agency may also cancel a permit if it finds that a false statement or representation was made in the permit application.
4) Reimbursement for delayed department-issued permits
- If an applicant submits an application for a building permit to the department (rather than a local enforcing agency) and the department fails to grant or deny within the specified timeframes, the department must reimburse the applicant the permit fee paid under section 10.
5) Application to department-issued permits
- The reimbursement provision specifically covers applications submitted to the department, ensuring financial relief if the department misses deadlines.
Timeline and Procedural Context
- Introduction and consideration timeline:
- Introduced April 30, 2026; read first time; referred to Committee on Regulatory Reform.
- Reproduced electronically May 12, 2026.
Impacted Parties
- Applicants seeking building permits (both at local enforcing agencies and the state department).
- Enforcing agencies (cities, townships, counties, and the Michigan department, depending on where the application is filed).
- Builders, developers, and property owners who rely on timely permit decisions.
- Boards of appeals, as the denial deemed by failure to act creates a path to appeal.
Notes for Readers
- The bill emphasizes timely permit decisions by clarifying specific decision deadlines and treating inaction as an appealable denial.
- It introduces a financial remedy (fee reimbursement) when the department processes permit applications but misses deadlines, adding an incentive to maintain timely processing.
- Changes affect how changes to plans are handled (allowing amendments that remain compliant).
Overall Impact
- Aims to increase predictability and efficiency in the building permit process.
- Seeks to deter undue delay by enforcing explicit deadlines and providing a financial remedy for department-originated permit delays.
- Maintains strong compliance and enforcement mechanisms to ensure adherence to the statewide construction code.
