HB46 Summary

• Amends Section 11-52-33 to clarify that valid and enforceable contracts for purchase or sale of lots in proposed subdivisions within municipal planning commissions are not impaired or limited by subdivision regulations.

• Adds new Section 11-24-2.1 allowing county engineers to authorize developers to secure pre-sale agreements for proposed subdivisions in unincorporated county areas if the developer has a viable preliminary plan and states reasons for the request.

• Requires developers to notify the county engineer within six months of receiving authorization that financing has been obtained; authority automatically revokes if notification is not received, and further pre-sale agreement efforts become a violation subject to fines.

• Mandates that all pre-sale agreements clearly state final sales cannot occur until the developer obtains a development permit; violations are punishable by fines and result in revocation of pre-sale authorization.

• Act takes effect immediately upon passage and approval by the Governor or upon otherwise becoming law.