Gilbert staff move to codify at‑risk grading permits after state law change

Justin Eisner, a staff member from the Development Services Group, told the Town Council at a study session that the proposed Land Development Code amendment would implement recent state law changes that require cities to authorize administrative review and approval of at‑risk grading permits.

"So with the passage of House Bill 2,447, all cities and towns are now required to authorize staff to review and approve the following items without a public hearing," Eisner said, describing the bill as the driver for the ordinance change. He said the amendment would allow preliminary on‑site grading and drainage work before final permit approval, permit the town to set review and processing fees, and establish application and design criteria.

Eisner told the council the proposal largely codifies work the town already permits administratively. He outlined conditions under which the town could revoke at‑risk grading permits, including noncompliance, failure to disclose material facts, lack of progress, fraud, site conditions and safety issues, and said the amendment would permit technical and conforming changes to plans.

The presentation did not include proposed fee amounts; staff said the item brings the town code into alignment with the statutory requirement and creates a framework for fees and revocation criteria. Council members asked clarifying questions and staff confirmed the change reflects a mandatory state standard rather than an optional local policy shift.

The council did not take formal action during the study session; staff indicated the amendment would be brought forward as an item for council consideration under the normal ordinance process.