SB 647 - Requiring municipal attorneys to provide the reason for plat denial
Municipal attorneys,
OML found out last night SB 647 is being heard on the house floor today. This bill would require municipal attorneys to provide the reason for a preliminary or final plat denial. Some of the other problems are outlined below in the OML action alert. The full bill is accessed here: https://www.oklegislature.gov/cf_pdf/2025-26%20FLR/SFLR/SB647%20SFLR.PDF
If you have time, please reach out to your Senator, or urge your municipality to reach out to your Senator this morning and tell them to vote no. Even though we have been actively lobbying against this bill, it really helps to hear directly from the municipalities who will be negatively impacted by this bill.
I want to thank the OAMA board of directors for their helpful input and talking points on this bill. If you have any questions about the bill, please reach out to me separately at christian@oml.org.
ACTION ALERT – SENATE BILL 647
URGENT ACTION NEEDED ON LEGISLATION THAT DIRECTLY IMPACTS LOCAL CONTROL
SB 647 which overrides local control is on the Senate Floor to be heard today, Tuesday March 25th. Please reach out to your Senator and ask them to VOTE NO on SB 647https://www.oklegislature.gov/cf_pdf/2025-26%20FLR/SFLR/SB647%20SFLR.PDF.
SB 647 by Senator Avery Frix (R-Muskogee) severely limits the ability of a municipality to decide what is best for their growth and future development by overriding local control.
This bill removes discretion of the planning commission by stating decisions cannot be made based on the number of citizens who show up to the meeting and must be made based on "objective and relevant" facts which will severely limit a municipality’s ability to control development in the municipality and will change current case law.
Currently, unless the zoning decisions of a municipality are found not to have a substantial relation to the public health, safety, morals, or general welfare or to constitute an unreasonable, arbitrary exercise of police power, its judgements will not be overridden by the district court. If the validity of the challenged zoning ordinance is “fairly debatable” the legislative judgement of the municipality must stand.
This would severely curtail a city's ability to use future planning as a basis for agreeing to or denying a zoning decision. Currently, municipalities make decisions for zoning based upon what traffic flows will look like in the future, how development will cause or contribute to existing flooding, or future infrastructure matters.
Municipalities will have to endure the costly new issue of defending the reasoning for a denial in district court if a preliminary or final plat is denied by a municipality. If a plat is denied by a municipality, the city attorney must identify the basis for the denial on the record. The city attorney cannot know what was in the mind of any planning commissioner or council member when they cast their vote, making it impossible for the attorney to accurately identify the reasons for the denial. This also conflicts with Oklahoma law, which stipulates that there can be no inquiry into the reasons behind a council member or planning commissioner’s vote.
SB 647 erodes local control and changes long standing case law. Leave the decisions in the hands of the ones that know their municipalities best.
Christian Rinehart
DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE
201 Northeast 23rd Street
Oklahoma City, OK 73105
(405) 528-7515
[Image]
The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.
I meant to say that this bill is being head on the Senate floor today. I apologize for the Typo.
Get Outlook for iOShttps://aka.ms/o0ukef
From: Christian Rinehart christian@oml.org
Sent: Tuesday, March 25, 2025 7:14 AM
To: oama@lists.imla.org oama@lists.imla.org
Cc: Leslie Blair leslie@oml.org
Subject: SB 647 - Requiring municipal attorneys to provide the reason for plat denial
Municipal attorneys,
OML found out last night SB 647 is being heard on the house floor today. This bill would require municipal attorneys to provide the reason for a preliminary or final plat denial. Some of the other problems are outlined below in the OML action alert. The full bill is accessed here: https://www.oklegislature.gov/cf_pdf/2025-26%20FLR/SFLR/SB647%20SFLR.PDF
If you have time, please reach out to your Senator, or urge your municipality to reach out to your Senator this morning and tell them to vote no. Even though we have been actively lobbying against this bill, it really helps to hear directly from the municipalities who will be negatively impacted by this bill.
I want to thank the OAMA board of directors for their helpful input and talking points on this bill. If you have any questions about the bill, please reach out to me separately at christian@oml.org.
ACTION ALERT – SENATE BILL 647
URGENT ACTION NEEDED ON LEGISLATION THAT DIRECTLY IMPACTS LOCAL CONTROL
SB 647 which overrides local control is on the Senate Floor to be heard today, Tuesday March 25th. Please reach out to your Senator and ask them to VOTE NO on SB 647https://www.oklegislature.gov/cf_pdf/2025-26%20FLR/SFLR/SB647%20SFLR.PDF.
SB 647 by Senator Avery Frix (R-Muskogee) severely limits the ability of a municipality to decide what is best for their growth and future development by overriding local control.
This bill removes discretion of the planning commission by stating decisions cannot be made based on the number of citizens who show up to the meeting and must be made based on "objective and relevant" facts which will severely limit a municipality’s ability to control development in the municipality and will change current case law.
Currently, unless the zoning decisions of a municipality are found not to have a substantial relation to the public health, safety, morals, or general welfare or to constitute an unreasonable, arbitrary exercise of police power, its judgements will not be overridden by the district court. If the validity of the challenged zoning ordinance is “fairly debatable” the legislative judgement of the municipality must stand.
This would severely curtail a city's ability to use future planning as a basis for agreeing to or denying a zoning decision. Currently, municipalities make decisions for zoning based upon what traffic flows will look like in the future, how development will cause or contribute to existing flooding, or future infrastructure matters.
Municipalities will have to endure the costly new issue of defending the reasoning for a denial in district court if a preliminary or final plat is denied by a municipality. If a plat is denied by a municipality, the city attorney must identify the basis for the denial on the record. The city attorney cannot know what was in the mind of any planning commissioner or council member when they cast their vote, making it impossible for the attorney to accurately identify the reasons for the denial. This also conflicts with Oklahoma law, which stipulates that there can be no inquiry into the reasons behind a council member or planning commissioner’s vote.
SB 647 erodes local control and changes long standing case law. Leave the decisions in the hands of the ones that know their municipalities best.
Christian Rinehart
DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE
201 Northeast 23rd Street
Oklahoma City, OK 73105
(405) 528-7515
[Image]
The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.
