August 27, 2026

By: Aaron M. McDonough

The Municipalities Planning Code, 53 P.S. § 10101 et seq. (“MPC”), has served since 1968 as the foundational framework governing land use planning, zoning ordinances, subdivision, and land development decisions for municipalities across Pennsylvania. However, amid a growing housing crisis and persistent development delays, state lawmakers and executive agencies are evaluating whether this 1968 framework still serves 21st-century needs.

With the passage of Senate Resolution 211 (“SR 211”) and a flurry of pending zoning legislation in Harrisburg, Pennsylvania has set the stage for the most significant overhaul of local land use laws in decades. This article will explain the current state of play under the MPC, what SR 211 aims to accomplish, and the specific legislative proposals currently seeking to update the code.

The MPC Framework

The MPC delegates land use authority to municipalities (excluding Philadelphia and Pittsburgh), authorizing them to enact zoning ordinances, adopt subdivision and land development ordinances (“SALDO”), and establish planning commissions. Key real estate processes governed by the MPC include:

• Zoning Controls (Article VI): Regulating lot sizes, building heights, land uses, and “fair share” housing requirements.
• Subdivision and Land Development (Article V): Mandating infrastructure layout, stormwater rules, and plan approval timelines.
• Variances and Appeals (Articles IX & X-A): Governing Zoning Hearing Board procedures, validity challenges, and land use appeals.

Though incrementally amended over time, the MPC reflects 1960s planning priorities by favoring single-family sprawl and heavy local discretionary control. Applied to the current landscape, this framework is susceptible to procedural bottlenecks that significantly increase project costs and delay development timelines.

Senate Resolution 211

SR 211 was introduced to address concerns that the MPC’s procedural mechanisms have become outdated and burdensome in light of modern economic, housing, and growth realities. Passed with broad bipartisan support, and acting as a fact-finding catalyst rather than immediate legislation, SR 211 tasks the Legislative Budget and Finance Committee (“LBFC”) with evaluating three key areas:

1. Housing and Economic Impact: Analyzing how current MPC rules affect housing affordability, economic growth, municipal revenues, and developer costs caused by zoning delays and litigation.
2. Administrative Burden: Measuring compliance costs and operational hurdles for local governments and private applicants during plan reviews.
3. State Agency Support: Evaluating how effectively state agencies, such as the Department of Community and Economic Development (“DCED”), assist municipalities with planning and code enforcement.

The LBFC must issue a final report with actionable legislative recommendations to the General Assembly by October 19, 2026.

Potential Changes in an Updated MPC

SR 211 should not be viewed in a vacuum. Proposals to modernize the MPC are already embodied in active legislation, executive strategy documents, and bipartisan coalition agendas in Harrisburg.

Permitted By-Right Uses & “Missing Middle” Housing

To eliminate subjective approval processes for multi-family projects, lawmakers are proposing mandatory by-right allowances:

• Duplexes & Triplexes By-Right: House Bill 2185 proposes amending the MPC (and Title 53) to require municipalities with populations over 5,000 in growing counties to permit duplex, triplex, and quadplex housing by-right in areas currently zoned exclusively for single-family residences.
• Commercial Corridor Conversions: House Bill 1459 would revise zoning laws to allow multi-family residential and mixed-use development by-right in commercial zones (office, retail, parking) served by existing public water and sewer infrastructure.
• Accessory Dwelling Units: House Bill 2186 (passed by the House in June 2026) and companion Senate Bill 1346 and SB 1256 establish statewide baseline standards permitting Additional Dwelling Units (e.g., basement apartments, garage suites) by-right in single-family residential zones.

Overhauling Density, Setback, and Parking Mandates

State initiatives seek to limit local authority to impose artificially restrictive dimensional rules:

• State Model Land Use Ordinances & “Housing-Ready” Incentives: Under Governor Shapiro’s Housing Action Plan, the Department of Community and Economic Development (DCED) is task-forced with issuing model zoning templates to curb excessive parking minimums and restrictive setbacks. Municipalities that adopt these updates receive “Housing-Ready Community” designations with priority access to state grant programs (e.g., Main Street Matters, PHFA PHARE funds).
• Statutory Density Relief: Senate Bill 1239 specifically proposes amending Article VI of the MPC to cut regulatory red tape surrounding lot size and density restrictions for residential builders.

Modernizing SALDO Timelines & Review Fees

To resolve review delays and high soft costs under Article V (SALDO):

• Review Clock Enforcement: SR 211 specifically mandates that the LBFC investigate Section 508 review clock compliance and applicant fee reimbursements billed by municipal professionals.
• Pre-Approved Housing Plans: Senate Bill 1281 (passed by the Senate) amends the MPC framework to permit municipalities to utilize standardized, pre-approved residential building plans to accelerate local land development plan reviews.
• Streamlined Permitting: Senate Bill 1279 creates designated regulatory compliance oversight to streamline multi-agency permit coordination for housing projects.

Reforming Validity Challenges & Curbing Frivolous Appeals

To mitigate against validity challenges and third-party appeals that often stall viable developments for years:

• Litigation Cost Analysis: SR 211 directs the state to measure the direct financial drag caused by protracted zoning appeals on housing production costs.
• Appeals & “Builder’s Remedy” Reform: Legislative proposals supported by statewide housing coalitions aim to raise appeal bond requirements for third-party objectors and create expedited dockets for residential development appeals under Section 1006-A.

Strengthening Regional Housing Equity (Article XI)

Article XI allows municipalities to satisfy regional housing obligations through joint municipal planning. Under Governor Shapiro’s Housing Action Plan and related legislative proposals, reforms aim to establish tighter equity standards so suburban municipalities cannot use joint plans to shift multi-family obligations entirely onto neighboring boroughs or urban centers.

Conclusion

Senate Resolution 211 and the current slate of reform legislation signal a clear policy pivot in Harrisburg toward land use modernization, housing expansion, and administrative efficiency. The Municipalities Planning Code has served as Pennsylvania’s development blueprint since 1968, but the momentum building across the General Assembly and in the Governor’s Mansion suggest that comprehensive updates to this framework are within reach.

For real estate developers and land use applicants, this changing regulatory landscape represents a major opportunity. Modernizing the MPC stands to unlock new development potential by easing long-standing zoning barriers for higher-density residential, infill, and commercial conversion projects, while streamlining review clocks and curbing costly procedural delays.

As the Legislative Budget and Finance Committee prepares to issue its recommendations to state lawmakers, staying ahead of these statutory shifts will be essential for navigating the future of Pennsylvania real estate. For strategic guidance on navigating Pennsylvania’s changing land use landscape or assistance with your current building and development needs, contact Aaron McDonough and the attorneys of the Business Group at Pietragallo Gordon Alfano Bosick & Raspanti, LLP.