Section 620.6006

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 620

Effective - 28 Aug 2026, see footnote   

  620.6006.  Policy requirements — definitions — participating city duties and responsibilities — one-stop shop requirements — TIF and nonTIF properties, requirements — noncompliance procedure — report — nonseverability clause — rules — sunset provision. — 1.  As a condition of certification and continued participation as a Missouri innovation zone under sections 620.6000 to 620.6033, a participating city shall establish and maintain the policies set forth in this section within the geographic boundaries of the Missouri innovation zone.

  2.  For purposes of this section, the following terms mean:

  (1)  "Application", a written submission seeking any permit, zoning approval, variance, rezoning, site plan approval, subdivision approval, incentive, certificate, license, registration, or other prior authorization required by the participating city for construction, alteration, repair, renovation, expansion, change of use, occupancy, or lawful business operation;

  (2)  "Business application", any application for a municipal business license, occupancy authorization, use permit, or similar approval required for lawful operation of a business within the certified Missouri innovation zone;

  (3)  "Complete application", an application that includes all materials, plans, studies, forms, and fees expressly required by statute, ordinance, regulation, or written policy of the participating city adopted prior to the date of submission.  Completeness shall be determined solely on the presence of required materials and shall not involve substantive evaluation of the merits of the application;

  (4)  "Locally administered development initiative", any property tax abatement, tax increment financing, or other local economic development incentive administered by a participating city;

  (5)  "One stop review authority", the office or administrative body designated by the participating city to coordinate review under this section;

  (6)  "One stop shop", a coordinated business, development, and incentive review process in compliance with this section;

  (7)  "Submission", receipt of an application by the participating city through its designated electronic filing system.  The date and time reflected on the electronic filing system receipt shall constitute the official date of submission for purposes of this section.  If electronic submission is temporarily unavailable due to documented technical failure, physical submission may be accepted and a written date-stamped receipt shall constitute the official date of submission.  Internal routing, assignment, acknowledgment, or administrative processing shall not delay or alter the official date of submission.

  3.  A participating city shall establish and maintain a one-stop shop.

  4.  The provisions of this section shall apply to:

  (1)  Development applications for property located within the geographic boundaries of a designated Missouri innovation zone;

  (2)  Applications for locally administered development incentives, including property tax abatement and tax increment financing, as governed by the master scorecard; and

  (3)  Business-related applications for permits, licenses, registrations, or approvals required by the participating city for businesses operating within the innovation zone, to the extent such approvals are city-controlled.

  5.  This section does not alter the administration of state-administered incentives, applications, or approvals governed by separate statutory procedures.

  6.  Each participating city shall provide for electronic submission of applications subject to this section through a publicly accessible online filing system capable of generating an automatic dated receipt upon submission.

  7.  Each participating city shall publish and maintain on its website standardized checklists identifying all materials required for a complete application under this section for:

  (1)  Development applications;

  (2)  Business applications; and

  (3)  Applications for locally administered development incentives governed by the master scorecard.  No application shall be deemed incomplete for failure to include materials not identified on such checklists.

  8.  For projects meeting the threshold in subdivision (14) of subsection 9 of this section or otherwise designated by ordinance as major projects, the one stop review authority shall offer a preapplication conference process intended to reduce deficiencies and streamline review.  Participation in a preapplication conference shall not be mandatory unless required by ordinance adopted prior to submission.

  9.  (1)  Each participating city shall designate a one stop review authority responsible for:

  (a)  Receiving and coordinating all development applications;

  (b)  Receiving and coordinating applications for locally administered development incentives;

  (c)  Receiving and coordinating business applications; and

  (d)  Issuing consolidated determinations or coordinating required approvals by relevant departments, boards, commissions, or governing bodies.

  (2)  All departmental, board, commission, or legislative review required for development approvals, local development incentives, or business applications shall occur through this coordinated process.

  (3)  Where approval requires action by a governing body, board, or commission, the one stop review authority shall coordinate scheduling, notice, and presentation to ensure such action occurs within the applicable review period established under this subsection.

  (4)  Failure of any reviewing department, agency, or administrative body to act within the applicable review period shall be treated as no objection for purposes of coordinated review under this subsection.

  (5)  Where an affirmative vote of a governing body, board, or commission is required by statute, ordinance, or charter, such vote shall be scheduled and considered within the applicable review period established under subdivision (15) of this subsection.  Failure of such governing body, board, or commission to take action within the applicable review period shall be treated as a denial subject to the written denial requirements of subdivision (17) of this subsection.

  (6)  Within fifteen calendar days after submission, the one stop review authority shall:

  (a)  Issue written acknowledgment that the application is complete; or

  (b)  Issue a written notice of incompleteness.

  (7)  A notice of incompleteness shall:

  (a)  Identify each missing item;

  (b)  Cite the specific statute, ordinance, regulation, or written policy requiring such item;

  (c)  Be based solely on requirements adopted prior to submission; and

  (d)  Identify all deficiencies known at the time of issuance.  The participating city shall not subsequently deny an application as incomplete for deficiencies not identified in the initial notice unless arising from material changes submitted by the applicant.

  (8)  If no written acknowledgment or notice of incompleteness is issued within fifteen calendar days of submission, the application shall be deemed complete by operation of law on the sixteenth day.

  (9)  The applicable review period shall commence:

  (a)  On the date of written acknowledgment of completeness; or

  (b)  If deemed complete, on the sixteenth day after submission.

  (10)  The applicant shall have fifteen calendar days from issuance of a notice of incompleteness to cure identified deficiencies in order to retain its place in the review queue.

  (11)  Upon resubmission curing identified deficiencies, the application shall be deemed complete on the date of resubmission unless a written notice identifying deficiencies solely related to the resubmitted materials is issued within ten calendar days.

  (12)  The review period shall not be tolled except:

  (a)  By a written extension under subdivision (18) of this subsection;

  (b)  By written consent of the applicant; or

  (c)  Under subdivision (22) of this subsection relating to declared emergencies.

  (13)  Submission shall not be deemed incomplete solely due to a good-faith dispute concerning fee calculation, provided the applicant remits the undisputed portion of such fees.

  (14) (a)  Development application checklists shall require only materials reasonably necessary to determine compliance with adopted law, and shall include, as applicable:

  a.  Site plan and narrative of proposed use and scope;

  b.  Stamped architectural drawings where required by adopted code;

  c.  Stamped structural drawings where structural modifications are proposed;

  d.  Fire and life-safety documentation where required by adopted code;

  e.  Civil, storm water, or utility plans where required by adopted code; and

  f.  Any additional engineering plans required by adopted code.

  (b)  A traffic impact study shall be required only where:

  a.  Required by ordinance adopted prior to submission; or

  b.  The proposed change of use materially increases expected daily trip generation under objective criteria established by ordinance.

  (c)  A project shall be treated as subject to the sixty-day review period under subdivision (15) of this subsection if it involves:

  a.  New construction exceeding one hundred thousand square feet;

  b.  A change of use affecting more than one hundred thousand square feet; or

  c.  A substantial renovation involving structural alteration affecting more than one hundred thousand square feet.

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Square footage alone shall not trigger the sixty-day review period absent the conditions stated herein.

  (15)  (a)  Applications not requiring a variance, rezoning, public hearing, or governing body action shall be approved or denied within thirty calendar days after commencement of the review period.

  (b)  Applications requiring a variance, rezoning, public hearing, governing body action, or meeting the threshold in paragraph (c) of subdivision (14) of this subsection shall be approved or denied within sixty calendar days after commencement of the review period.

  (c)  Review periods include required public notice and hearing periods but exclude post-approval appeal periods.

  (16)  (a)  For any application seeking a locally administered development incentive governed by the master scorecard, the applicant shall submit:

  a.  A sworn scoring worksheet demonstrating the claimed score and tier eligibility; and

  b.  Supporting documentation sufficient to substantiate claimed points under the master scorecard criteria.

  (b)  The applicant shall certify under penalty of perjury that the scoring worksheet and supporting documentation are true, correct, and complete to the best of the applicant's knowledge.

  (c)  The one stop review authority shall verify the accuracy of the applicant's score ministerially and shall not alter scoring methodology or tier thresholds established by the department by rule.

  (17)  (a)  An application may be approved with conditions.  Such conditions:

  a.  Shall be reasonably related to ensuring compliance with statutes, ordinances, and regulations in effect on the date of submission; and

  b.  Shall not impose requirements not authorized by preexisting law.

  (b)  Any denial shall be issued in writing.  A written denial shall:

  a.  Identify with specificity each applicable ordinance, statute, or regulation not satisfied; and

  b.  Provide a brief explanation of how the application fails to meet such provision.

  (c)  If denial is based on plans prepared and sealed by a licensed design professional, the denial shall describe the specific deficiencies in such plans.

  (d)  A participating city shall not issue a subsequent denial of the same application based on grounds not included in the initial written denial unless such grounds arise from material changes submitted by the applicant.

  (18)  (a)  The participating city may extend the applicable review period once for no more than fifteen calendar days by issuing written notice to the applicant before expiration of the original review period.

  (b)  The notice shall state the specific reason for the extension.

  (c)  Any further extension requires written consent of the applicant.

  (19)  (a)  If the participating city fails to issue a written approval or denial within the applicable review period, the application shall be deemed approved by operation of law, except as provided in subdivision (5) of this subsection regarding affirmative legislative votes.

  (b)  An approval deemed granted under this subsection shall vest the applicant with the right to proceed under the ordinances and regulations in effect on the date the application was deemed complete.

  (c)  Upon request, the one stop review authority shall issue written confirmation of deemed approval.

  (d)  Deemed approval shall not:

  a.  Waive compliance with building codes, fire codes, life-safety codes, environmental codes, or health codes;

  b.  Authorize violation of zoning limitations;

  c.  Supersede state or federal approval requirements; or

  d.  Override the requirement of an affirmative legislative vote where expressly required by law.

  (e)  For locally administered development incentives evaluated under the master scorecard, failure of the participating city to act within the applicable review period shall constitute approval consistent with the project's verified tier eligibility under sections 620.6000 to 620.6033, provided all required variances and zoning approvals have been granted.

  (20)  (a)  An application for a phase of a larger development shall be reviewed based solely on the scope of that phase.

  (b)  Nothing in this section permits intentional segmentation solely to evade applicable review requirements.

  (c)  A phase shall be considered independently functional if capable of lawful occupancy and use without reliance on unpermitted future phases.

  (21)  Nothing in this section shall:

  (a)  Waive compliance with adopted codes, including but not limited to building codes, fire codes, life-safety codes, environmental codes, or health codes;

  (b)  Limit inspection authority;

  (c)  Prevent enforcement of violations discovered during construction or occupancy; or

  (d)  Require issuance of permits contingent upon state or federal approval.

  (22)  In the event of a declared local or state emergency that materially impairs the participating city's ability to process applications, review periods under this subsection may be suspended for the duration of such emergency, provided the delay is no longer than thirty calendar days.

  (23)  An applicant aggrieved by a participating city's failure to comply with this subsection may seek declaratory or injunctive relief in the circuit court of the county in which the certified Missouri innovation zone is located.  The court shall give such action priority on its docket.

  10.  (1)  A participating city shall adopt and implement a policy providing that any permit, plan review, inspection, or development-related fee applicable to projects located within a certified Missouri innovation zone:

  (a)  Shall be limited to the actual, reasonable, and direct costs incurred by the applicable department or reviewing authority in processing, reviewing, inspecting, and administering such project or application; and

  (b)  Shall not be calculated as a percentage of project value, construction cost, financing amount, or other project-based metric unrelated to the actual cost of providing such services.

  (2)  Nothing in this subsection shall require the waiver or reduction of fees necessary to support the baseline health, staffing, and operational capacity of the building department or other reviewing agencies, provided such fees reflect documented cost recovery and not revenue generation.

  (3)  A participating city may distinguish between:

  (a)  Essential operational cost-recovery fees; and

  (b)  Discretionary, percentage-based, duplicative, or extraordinary charges.

  11.  (1)  Any property subject to an existing tax increment financing plan or tax abatement agreement at the time of Missouri innovation zone certification shall continue to be governed by the terms of such existing agreement, and nothing in sections 620.6000 to 620.6033 shall be construed to impair, modify, or terminate such agreement.

  (2)  (a)  For properties within a Missouri innovation zone that are not subject to a project-specific tax increment financing plan or property tax abatement agreement, fifty percent of the net-new incremental local property tax revenue generated after certification shall be treated as tax increment and shall be deposited into the applicable innovation zone public safety fund, established under section 620.6012.  If, after certification of the Missouri innovation zone, any such property becomes subject to such a plan or agreement, this subdivision shall not apply to such property for the duration of the plan or agreement.  The reallocation of such funds shall be determined by the executive branch under sections 620.6000 to 620.6033.

  (b)  For purposes of this subdivision, "local property tax revenue" means real property taxes levied by political subdivisions within the certified Missouri innovation zone and shall not include any real property taxes levied by the state of Missouri including, but not limited to, taxes levied under section 209.130.

  (3)  For development projects within a Missouri innovation zone that are not subject to an existing agreement, a project may elect, at the time of project approval, whether to:

  (a)  Utilize a project-specific tax increment financing plan, subject to the percentage, duration, and terms corresponding to the project's incentive tier under the master scorecard, and not exceeding the maximum term authorized under chapter 99;

  (b)  Utilize a property-specific property tax abatement, subject to the percentage, duration, and terms corresponding to the project's incentive tier under the master scorecard, and not exceeding the maximum term authorized under chapter 353; or

  (c)  Proceed without either incentive.

  12.  (1)  A participating city shall provide building code flexibility for adaptive reuse projects within the zone.  Such flexibility shall:

  (a)  Permit alternative or performance-based compliance pathways that achieve equivalent health, safety, and operational outcomes, including flexibility in the application or prescriptive standards where strict compliance is impracticable due to existing building conditions;

  (b)  Recognize the environmental and economic benefits associated with adaptive reuse, including reductions in embodied carbon and material waste; and

  (c)  Maintain compliance with applicable structural requirements, fire safety codes, life-safety standards, and applicable building codes containing feasible alternative compliance pathways.

  (2)  Nothing in this subsection shall be construed to require adoption of any specific building, fire, or energy code standard.

  13.  (1)  If the department determines that a participating city has failed to maintain one or more requirements of this section, the department shall provide written notice of such noncompliance.

  (2)  The participating city shall have forty-five calendar days from receipt of such notice to cure the noncompliance.

  (3)  If the noncompliance is not cured within forty-five calendar days, the department shall suspend the participating city's Missouri innovation zone certification until such time as compliance is restored.

  (4)  Any suspension or revocation of Missouri innovation zone certification under this section shall apply prospectively only and shall not:

  (a)  Impair, modify, or terminate any incentive, agreement, approval, or benefit previously awarded;

  (b)  Affect the validity or enforceability of any incentive, agreement, approval, or benefit previously awarded; or

  (c)  Give rise to any claim for damages against an applicant arising solely from the suspension or revocation of Missouri innovation zone certification.

  (5)  Projects that have received approval or entered into binding agreements in reliance on Missouri innovation zone certification prior to notice of noncompliance shall be permitted to proceed in accordance with the terms of such approvals or agreements.

  14.  (1)  The department shall prepare and submit a biennial written report to the general assembly summarizing the status, performance, and outcomes of the Missouri innovation zone program.  The purpose of the report is to provide transparency, accountability, and aggregate information regarding the implementation and performance of certified Missouri innovation zones and the incentives authorized under sections 620.6000 to 620.6033.  The report shall be informational in nature and shall not be used to impose additional approval requirements, conditions, or penalties on any certified Missouri innovation zone or approved projects.

  (2)  Information included in the report shall be presented in aggregate or summary form, by district and statewide where appropriate, and shall not disclose confidential taxpayer information or identify individual projects unless otherwise required by law.

  (3)  The report shall include the following categories of information relating to certified Missouri innovation zones:

  (a)  The number of zones and the participating cities during the reporting period;

  (b)  The number and types of projects approved and the distribution of incentives authorized under sections 620.6000 to 620.6033;

  (c)  Aggregate counts of new housing, commercial, or mixed-use activation, and other redevelopment;

  (d)  Aggregate counts of employment impacts, including new jobs or retained employment where such data is available;

  (e)  A summary of public safety, infrastructure, or other public investment activities; and

  (f)  Any observations or recommendations the department determines may assist the general assembly in evaluating the effectiveness of the program.

  15.  The department may retain, subject to appropriation, a limited portion of net-new state revenue generated under sections 620.6000 to 620.6033 solely for the administration of the Missouri innovation zone program.  Such retained amounts shall be derived exclusively from net-new state revenue attributable to certified Missouri innovation zones and shall not reduce or impair any existing state or local revenues.  The department may charge an application, participation, or administrative fee to the recipient of any tax credits issued by the department under sections 620.6000 to 620.6033, in an amount up to two and one-half percent of the amount of tax credits issued, as provided in section 620.1900.  The fee shall be paid by the recipient upon the issuance of the tax credits.

  16.  The provisions of sections 620.6000 to 620.6033 are severable.  If any provisions of such sections or the application thereof to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such invalidity shall not affect other provisions or applications of such sections which can be given effect without the invalid provision or application, and to this end the provisions of sections 620.6000 to 620.6033 are declared to be severable.

  17.  Notwithstanding any provisions of section 32.057, or any other law to the contrary, the department of revenue shall disclose to the department, the state treasurer, and any other state agency or local governments administering economic development tools under sections 620.6000 to 620.6033 such state tax information as is necessary to verify eligibility for, calculate, administer, audit, or enforce any economic development tool authorized under sections 620.6000 to 620.6033.  Any information disclosed under this subsection shall otherwise remain confidential and shall be used solely for purposes of administering sections 620.6000 to 620.6033.

  18.  The department shall promulgate such rules and regulations as are necessary to implement and administer sections 620.6000 to 620.6033, provided that such rules are consistent with and reasonably necessary to carry out the purposes, structure, and operative provisions of sections 620.6000 to 620.6033.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 620.6000 to 620.6033 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

  19.  Notwithstanding section 23.253 to the contrary:

  (1)  The provisions of the Missouri innovation zone program authorized under sections 620.6000 to 620.6033 shall sunset ten years after August 28, 2026, unless reauthorized by an act of the general assembly;

  (2)  Sections 620.6000 to 620.6033 shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under sections 620.6000 to 620.6033 is sunset;

  (3)  Notwithstanding the sunset or termination of sections 620.6000 to 620.6033, any designation, certification, approval, award, allocation, agreement, abatement, tax increment financing, tax credit, or withholding benefit approved, awarded, certified, or incurred before the date of such sunset or termination shall remain in full force and effect for the duration, amount, term, period, or schedule authorized at the time of approval, award, or certification, subject to all applicable compliance, reporting, recapture, audit, enforcement, and administrative provisions of sections 620.6000 to 620.6033 as if such sections had not sunset or terminated; and

  (4)  Unless reauthorized, reinstated, or otherwise renewed by an act of the general assembly, no new Missouri innovation zone shall be certified and no new incentive, award, allocation, approval, or benefit shall be authorized under sections 620.6000 to 620.6033 after the date of such sunset or termination, except as necessary to administer, enforce, or give continuing effect to any designation, certification, approval, award, allocation, agreement, incentive, benefit, or obligation described in subdivision (3) of this subsection.

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(L. 2026 H.B. 3231 & 2531)

Sunset date 8-28-36

Termination date 9-01-37