1. (1) As used in this section:

   1. (a) "Allowable feature" means:

      1. (i) a landing or walkout porch that:

         1. (A) is no more than 32 square feet in size; and
         2. (B) is used for ingress to and egress from the rear of the residential dwelling; or
      2. (ii) a window well.
   2. (b) "Landing" means an uncovered, above-ground platform, with or without stairs, connected to the rear of a residential dwelling.
   3. (c) "Setback" means the required distance between the property line of a lot or parcel and the location where a structure is allowed to be placed under an adopted land use regulation.
   4. (d) "Walkout porch" means an uncovered platform that is on the ground and connected to the rear of a residential dwelling.
   5. (e) "Window well" means a recess in the ground around a residential dwelling to allow for ingress and egress through a window installed in a basement that is fully or partially below ground.
2. (2) A municipality may not enact or enforce an ordinance, resolution, or policy that prohibits or has the effect of prohibiting an allowable feature within the rear setback of a residential building lot or parcel.
3. (3) Subsection (2) does not apply to a historic district within the municipality.

Renumbered and Amended by Chapter 15, 2025 Special Session 1