Permitting reform: The key to unlocking housing and energy affordability

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For years, homeowners and builders have been trapped in a cycle of waiting — waiting for permits, waiting for inspections, and waiting for approvals that can take months or even years to arrive. Now, policymakers across the country are taking a fresh look at outdated permitting processes, and they’re beginning to cut the red tape that has made building so costly.

With support from homeowners, environmental advocates, and small businesses alike, reforming outdated permitting systems is becoming a bipartisan, cross-industry priority.

Last year, Texas passed legislation to reduce unnecessary permit delays and encourage clean-energy upgrades. Senate Bill 1202 streamlines approval for residential solar panels and energy storage systems by allowing qualified third parties to review plans and conduct inspections. Under the law, reviewers must deliver results within 15 days, and regulators then have just two days to issue approvals — after which construction can begin immediately. The reform earned support from solar companies, environmental advocates, and pro-business groups, all of whom agreed that home improvements should not be stalled by bureaucratic delays.

AMERICA CANNOT AFFORD TO WAIT ON PERMITTING REFORM

In Florida, pending House Bill 1049 would require timely reinspection scheduling and limit permit requirements for small home improvement projects, a reform that would make a meaningful difference to homeowners trying to make repairs after hurricanes. It would also ease restrictions on residential backup power systems, ensuring that properly licensed contractors can install them without unnecessary layers of review.

Texas and Florida are not alone. Arizona has pending legislation to expedite permit reviews for applicants “with a history of compliance.” California passed a bill to streamline housing approvals, reducing median approval times and promoting affordable housing development in Los Angeles and San Francisco. These aren’t one-offs. Between 2017 and 2024, at least 10 states have passed laws to simplify permitting.

Unsurprisingly, permit reform is hugely popular. A national Pew survey from 2023 found 86% of respondents favored requiring “local governments to use a quick and clear process for making decisions about building permits.”

Pacific Legal Foundation has been at the forefront of the movement through its right-to-build initiative, drafting policy recommendations, and offering legal representation to homeowners blocked from renovating by arbitrary fees, permits, and zoning rules.

For John Carbin, those restrictions were frustrating enough to take to court. Carbin is a federally certified aircraft mechanic and former Black Hawk crew chief who was barred from performing basic plumbing work in his own home in Massachusetts. Despite his technical expertise and willingness to comply with inspections, Massachusetts law robbed him of his right to build and replaced it with two equally unsatisfying options: hire a licensed plumber or abandon his plans.

After lower courts dismissed his challenge, PLF petitioned the Supreme Court, arguing that the right to repair and improve one’s own home is deeply rooted in American history and cannot be brushed aside with vague nods to “public health or safety.” To uphold such a restriction, the government would have to prove that it actually addresses a real health or safety risk.

If states would restore the right to build and renovate, Carbin could upgrade the home he lawfully owns. More housing could ease shortages and reduce homelessness, young families could once again see a path to homeownership, and clean energy could become more affordable and accessible.

Permit Power, a nonprofit group promoting faster, lower-cost clean-energy upgrades, has been working on streamlining permitting to enable more families to install clean energy solutions, reap the cost savings, and support the grid.

According to Permit Power, “The key driver of high rooftop solar costs and delays in the U.S. is the burdensome red tape from the local government permitting and utility interconnection processes.” As a result, American families end up paying astronomical prices for energy upgrades — if they aren’t priced out altogether. Fewer homes go solar. Sustainability initiatives slow. Everyone loses.

Research from The Brookings Institution has proven just how much “permitting-related bottlenecks have stymied both the speed and the scale of the clean energy transition.” Sustainability efforts built on abundance and innovation are buried in red tape, leaving scarcity-driven restrictions to dominate the environmental movement.

RECLAIMING AFFORDABILITY: A HOUSING AGENDA THAT WILL MOVE WOMEN FORWARD

By streamlining permitting and modernizing outdated rules, Permit Power aims to restore choice to homeowners, allowing clean energy technologies to compete on a level playing field with incumbent energy providers.

The path forward is clear: If we want more housing, lower costs, and cleaner energy, we must make it easier to build. Permitting should empower growth, not stifle it.

Jaimie Cavanaugh is senior state policy counsel at Pacific Legal Foundation.

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