House File 258
HOUSE FILE
BY FALLON and CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to state land management and planning and local
2 land management and planning for certain counties and cities
3 and providing effective dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1137YH 80
6 sc/sh/8
PAG LIN
1 1 DIVISION I
1 2 STATE LAND MANAGEMENT AND PLANNING
1 3 Section 1. NEW SECTION. 6C.1 TITLE.
1 4 This chapter shall be known and may be cited as the "Land
1 5 Management Planning Act".
1 6 Sec. 2. NEW SECTION. 6C.2 LAND DEVELOPMENT AND USE ==
1 7 STATE POLICY ESTABLISHED.
1 8 It is the policy of this state to provide for the sound and
1 9 orderly development and use of land and to provide for the
1 10 protection and preservation of the private and public interest
1 11 in the land, water, and related resources of this state for
1 12 the public health, safety, morals, and general welfare of
1 13 present and future generations. It is further the policy of
1 14 this state to preserve the use of prime agricultural land for
1 15 agricultural production and to preserve natural, cultural, and
1 16 historical areas while striking a balance between legitimate
1 17 public purposes and private property rights.
1 18 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS.
1 19 1. "Agricultural land" means agricultural land as defined
1 20 in section 9H.1.
1 21 2. "Board" means the land management planning board
1 22 established in section 6C.4.
1 23 3. "Department" means the department of economic
1 24 development.
1 25 4. "Public agency" means an agency as defined in section
1 26 17A.2, a county, a city, or other political subdivision,
1 27 including but not limited to a principal department as
1 28 provided in section 7E.5, a school corporation organized under
1 29 chapter 273 or 274, a community college as provided in chapter
1 30 260C, or a township as provided in chapter 359.
1 31 5. "Strategic development plan" means a plan adopted by a
1 32 county and the cities within the county and approved by the
1 33 land management planning board as provided in chapter 366.
1 34 Sec. 4. NEW SECTION. 6C.4 LAND MANAGEMENT PLANNING
1 35 BOARD.
2 1 1. A land management planning board is established as the
2 2 state's principal agency overseeing land management planning
2 3 by cities and counties. The board shall oversee the
2 4 administration of this chapter, and chapters 366 and 368,
2 5 monitor the effectiveness of public agencies in carrying out
2 6 the policy of this state as established in section 6C.2, and
2 7 study methods to successfully implement the policy.
2 8 2. The board shall be composed of the following members:
2 9 a. One member appointed from a city with a population of
2 10 more than forty=five thousand, according to the most recent
2 11 certified federal census.
2 12 b. One member appointed from a city with a population of
2 13 forty=five thousand or less, according to the most recent
2 14 certified federal census.
2 15 c. One member appointed from a county with a population of
2 16 more than fifty thousand, according to the most recent
2 17 certified federal census.
2 18 d. One member appointed from a county with a population of
2 19 fifty thousand or less, according to the most recent certified
2 20 federal census.
2 21 e. One member appointed to represent the general public.
2 22 3. The members shall be appointed by the governor subject
2 23 to confirmation by the senate as provided in section 2.32.
2 24 The appointments shall be for six=year staggered terms
2 25 beginning and ending as provided in section 69.19, or for an
2 26 unexpired term if a vacancy occurs. No member shall serve
2 27 more than two complete six=year terms.
2 28 4. The board shall elect a chairperson each year.
2 29 5. Members of the board, other than a state officer or
2 30 employee, are entitled to receive a per diem as specified in
2 31 section 7E.6 for each day spent in performance of duties as
2 32 members, and shall be reimbursed for all actual and necessary
2 33 expenses incurred in the performance of duties as members.
2 34 6. The department shall provide office space and staff
2 35 assistance, and shall budget funds to cover expenses of the
3 1 board and of committees established pursuant to chapter 368.
3 2 The office of attorney general shall provide legal counsel to
3 3 the board.
3 4 Sec. 5. NEW SECTION. 6C.5 POWERS AND DUTIES OF THE
3 5 BOARD.
3 6 1. The board shall do all of the following:
3 7 a. Review strategic development plans submitted for
3 8 dispute resolution pursuant to section 366.6.
3 9 b. Review and approve plans submitted for final approval
3 10 pursuant to section 366.7.
3 11 c. Approve or disapprove petitions for boundary adjustment
3 12 as provided in chapter 368.
3 13 d. Establish policies for administration of the land
3 14 management planning fund created in section 6C.6.
3 15 e. Establish minimum qualifications for mediators,
3 16 establish procedures for qualifying and appointing persons
3 17 representative of the public to be available to serve as
3 18 mediators, maintain a list of qualified mediators, and
3 19 establish compensation rates for mediators.
3 20 f. Adopt rules pursuant to chapter 17A necessary to
3 21 administer its duties under this chapter and chapters 366 and
3 22 368. The rules may include establishing filing fees for
3 23 applications and petitions submitted to the board pursuant to
3 24 chapter 368.
3 25 2. The board may adopt forms to be completed and submitted
3 26 by cities and counties as necessary for the efficient
3 27 administration of this chapter and chapters 366 and 368.
3 28 Sec. 6. NEW SECTION. 6C.6 LAND MANAGEMENT PLANNING FUND.
3 29 1. A land management planning fund is created within the
3 30 state treasury under the control of the department. Moneys in
3 31 the fund shall be used to pay for the costs of administration
3 32 of this chapter and chapters 366 and 368 by the department.
3 33 2. The fund shall consist of all of the following:
3 34 a. Moneys appropriated by the general assembly.
3 35 b. Moneys available to and obtained or accepted by the
4 1 department from the federal government or private sources for
4 2 deposit in the fund.
4 3 c. Filing fees paid for applications and petitions
4 4 submitted to the board pursuant to chapter 368.
4 5 DIVISION II
4 6 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING
4 7 Sec. 7. NEW SECTION. 366.1 DEFINITIONS.
4 8 1. "Agricultural land" means agricultural land as defined
4 9 in section 9H.1.
4 10 2. "Board" means the land management planning board
4 11 established in section 6C.4.
4 12 3. "Department" means the department of economic
4 13 development.
4 14 Sec. 8. NEW SECTION. 366.2 LOCAL STRATEGIC DEVELOPMENT
4 15 COMMITTEE.
4 16 1. Each metropolitan statistical area county, as
4 17 designated by the United States census bureau, and the cities
4 18 within the county, shall comply with the provisions of this
4 19 chapter. A county that is not designated a metropolitan
4 20 statistical area county and cities within such a county may
4 21 comply with the provisions of this chapter.
4 22 2. A local strategic development committee is created
4 23 within each county required to comply with this chapter or
4 24 that chooses to comply with this chapter. Members shall be
4 25 appointed to the committee on or before September 1, 2003.
4 26 The strategic development committee shall be composed of the
4 27 following members:
4 28 a. Three members appointed by the county board of
4 29 supervisors. Two of the three members must be residents of
4 30 the unincorporated area of the county.
4 31 b. One member appointed by the city council of each city
4 32 located in the county.
4 33 c. One member appointed by the mayor of each of the two
4 34 cities with the highest population located in the county.
4 35 d. An additional member shall be appointed by the mayor of
5 1 each participating city for every fifty thousand residents in
5 2 the city.
5 3 3. A city shall be represented on a committee if any part
5 4 of the city is located in the county.
5 5 4. Two or more contiguous counties required to create a
5 6 strategic development plan may organize as one combined
5 7 strategic development committee. Each county's membership on
5 8 a combined committee shall be appointed as provided in
5 9 subsection 2, paragraphs "a" through "d".
5 10 5. The committee shall hold an organizational meeting no
5 11 later than ten days after appointment of members. The
5 12 organizational meeting shall be convened by the chairperson of
5 13 the county board of supervisors.
5 14 Sec. 9. NEW SECTION. 366.3 STRATEGIC DEVELOPMENT PLAN ==
5 15 GOALS AND OBJECTIVES.
5 16 1. The local strategic development committee shall create
5 17 and recommend a strategic development plan for the county.
5 18 2. The purpose of a strategic development plan is to
5 19 direct coordinated, efficient, and orderly development that
5 20 will, based on an analysis of present and future needs, best
5 21 promote the public health, safety, morals, and general
5 22 welfare. The goals and objectives of a strategic development
5 23 plan include the following:
5 24 a. Encouraging a pattern of compact development in
5 25 strategic development areas.
5 26 b. Promoting redevelopment of existing urban areas.
5 27 c. Promoting employment opportunities and the economic
5 28 health of the county and all cities in the county.
5 29 d. Providing for a variety of housing choices within
5 30 strategic development areas and assuring affordable housing
5 31 for future population growth.
5 32 e. Identifying and conserving natural resource areas,
5 33 environmentally sensitive land, and features of significant
5 34 local, statewide, or regional architectural, cultural,
5 35 historical, or archaeological interest.
6 1 f. Preserving land identified by the strategic development
6 2 committee as prime agricultural land for use in agricultural
6 3 production.
6 4 g. Balancing the need for land management regulations with
6 5 the protection of private property rights.
6 6 h. Ensuring the efficient use of infrastructure and that
6 7 adequate municipal services are provided concurrently with
6 8 development.
6 9 i. Taking into consideration such other matters that are
6 10 related to the coordinated, efficient, and orderly development
6 11 of the county and all cities in the county.
6 12 Sec. 10. NEW SECTION. 366.4 STRATEGIC DEVELOPMENT PLAN
6 13 == REQUIREMENTS.
6 14 1. A strategic development plan shall divide the county
6 15 into strategic development areas where future development
6 16 would be allowed and strategic preservation areas where
6 17 development would not be allowed. A strategic development
6 18 plan shall address transportation, public infrastructure,
6 19 municipal services, economic development, housing, recreation,
6 20 natural resources, and land use. A strategic development plan
6 21 may address hazard mitigation, energy systems, cultural
6 22 preservation, and other elements appropriate to the area
6 23 governed by the plan.
6 24 2. The committee shall conduct a review of existing
6 25 comprehensive plans governing the county, if applicable, and
6 26 governing each city located in the county, if applicable.
6 27 3. Before the committee drafts a strategic development
6 28 plan, the committee shall hold a public hearing in order to
6 29 obtain citizen input on preparation of the strategic
6 30 development plan. The hearing shall be held no later than
6 31 thirty days after the committee's organizational meeting. The
6 32 county auditor shall publish notice of the time, date, place,
6 33 and purpose of the public hearing in a newspaper of general
6 34 circulation in the county. The notice must be published not
6 35 less than ten days but no more than twenty days before the
7 1 hearing. The notice shall include a description of the
7 2 general duties of the strategic development committee and the
7 3 cities and counties represented on the strategic development
7 4 committee.
7 5 4. A strategic development plan shall include documents
7 6 describing and depicting the corporate limits of each city in
7 7 the county and the boundaries of each strategic development
7 8 area and each strategic preservation area.
7 9 5. a. In establishing a strategic development area, the
7 10 plan shall do all of the following:
7 11 (1) Identify territory that a reasonable and prudent
7 12 person would project as the likely site of commercial,
7 13 industrial, or residential growth over the next twenty years
7 14 based on historical experience, economic trends, population
7 15 growth patterns, topographical characteristics, and any
7 16 professional planning, engineering, and economic studies that
7 17 are available. The city shall report population growth
7 18 projections for the city based upon federal census data.
7 19 (2) Identify agricultural land which has a corn
7 20 suitability rating of sixty or higher, according to
7 21 information released by Iowa state university to the
7 22 department of revenue and finance for assessment and taxation
7 23 of agricultural land. Agricultural land with a corn
7 24 suitability rating of sixty or higher shall not be included in
7 25 a strategic development area unless the local strategic
7 26 development committee makes a showing that the land is
7 27 necessary for the orderly development of the strategic
7 28 development area.
7 29 b. In establishing a strategic preservation area, the plan
7 30 shall identify territory to be preserved for the next twenty
7 31 years for agricultural purposes, forests, recreational areas,
7 32 wildlife management areas, cultural areas, historical areas,
7 33 or other areas planned for preservation.
7 34 6. When designating that part of a strategic development
7 35 area contiguous to a city, the committee shall identify, and
8 1 give consideration to, the amount of territory within the
8 2 current incorporated boundaries of the city that is vacant or
8 3 undeveloped land.
8 4 7. The committee shall utilize planning resources that are
8 5 available within the county, including city and county
8 6 planning commissions, zoning administrators, and a council of
8 7 governments established pursuant to chapter 28H. The
8 8 committee is also encouraged to utilize the services of a
8 9 joint planning commission established pursuant to chapter 28I
8 10 and colleges and universities in the state.
8 11 Sec. 11. NEW SECTION. 366.5 LOCAL GOVERNMENT
8 12 RATIFICATION OF STRATEGIC DEVELOPMENT PLAN.
8 13 1. Before the committee submits the plan recommended for
8 14 ratification, the committee shall hold at least one public
8 15 hearing on the proposed recommended strategic development
8 16 plan. The county auditor shall publish notice of the time,
8 17 place, and purpose of the public hearing in a newspaper of
8 18 general circulation in the county. The notice must be
8 19 published at least ten days but no more than twenty days
8 20 before the hearing.
8 21 2. Not later than January 1, 2005, the committee shall
8 22 submit the recommended strategic development plan to the
8 23 county board of supervisors and the city council of each city
8 24 in the county.
8 25 a. Not later than sixty days after receiving the
8 26 recommended strategic development plan, the county board of
8 27 supervisors and each city council shall by resolution either
8 28 ratify or reject the recommended strategic development plan.
8 29 A city or county that fails to timely act on the resolution
8 30 shall be deemed to have ratified the recommended strategic
8 31 development plan on the last day of the sixty=day period. If
8 32 the strategic development plan is ratified, the committee
8 33 shall submit the plan to the land management planning board
8 34 for approval.
8 35 b. If the county board of supervisors or a city council
9 1 rejects the recommended strategic development plan submitted
9 2 by the committee, the county or city shall submit its
9 3 objections to the plan along with the notice of rejection.
9 4 After receiving objections to the plan, the committee may
9 5 recommend a revised strategic development plan no later than
9 6 sixty days after the recommended plan is rejected or may
9 7 resubmit the original plan. Before the committee submits the
9 8 revised plan recommended for ratification, the committee shall
9 9 hold at least one public hearing on the revised plan in the
9 10 manner provided in subsection 1. The committee shall submit
9 11 any revised strategic development plan, or resubmit the
9 12 original plan, to the county board of supervisors and the city
9 13 council of each city in the county for ratification.
9 14 Not later than sixty days after receiving a revised
9 15 strategic development plan or resubmitted original plan, the
9 16 county board of supervisors and each city council shall either
9 17 ratify or reject the plan in the same manner as provided in
9 18 paragraph "a". A city or county that fails to timely act on a
9 19 resolution shall be deemed to have ratified the plan on the
9 20 last day of the sixty=day period.
9 21 If the resubmitted original plan or the revised plan is
9 22 rejected, the county or city rejecting the plan shall submits
9 23 its objections, and the reasons for its objections, to
9 24 mediation in accordance with section 366.6.
9 25 Sec. 12. NEW SECTION. 366.6 MEDIATION OF DISPUTED
9 26 ISSUES.
9 27 1. If the county board of supervisors or a city council
9 28 rejects the resubmitted original plan or the revised plan, the
9 29 local strategic development committee shall declare the
9 30 existence of an impasse and shall notify the board.
9 31 2. Within ten days of receiving notice of the existence of
9 32 an impasse, the board shall appoint a mediator from the list
9 33 of mediators maintained pursuant to section 6C.5. The board
9 34 shall not appoint a person as a mediator if the immediate
9 35 family of the person or such person's spouse is a resident,
10 1 property owner, official, or employee of the county or of any
10 2 city in the county.
10 3 3. The mediator shall attempt to mediate the unresolved
10 4 disputes. If, after reasonable efforts, mediation does not
10 5 resolve such disputes, the mediator shall so notify the board.
10 6 The mediation process must be concluded within thirty days.
10 7 The county board of supervisors and the cities may submit
10 8 final recommendations regarding the impasse to the board. For
10 9 the sole purpose of resolving the impasse, the board shall
10 10 adopt a strategic development plan that resolves those issues
10 11 in dispute. The strategic development plan adopted by the
10 12 board shall conform to the provisions of this chapter.
10 13 4. In mediating the dispute, the mediator may consult with
10 14 the university of Iowa, Iowa state university of science and
10 15 technology, the university of northern Iowa, or others with
10 16 expertise in urban planning, growth, and development.
10 17 5. The board shall certify the reasonable and necessary
10 18 costs incurred by the mediator, including, but not limited to,
10 19 salaries, supplies, travel expenses, and staff support for the
10 20 mediator. The county and the cities shall reimburse the board
10 21 for such costs. The costs shall be divided equally, without
10 22 regard to population, among the county and the cities in the
10 23 county.
10 24 6. If a county or city fails to reimburse its allocated or
10 25 reallocated share of mediation costs to the board after sixty
10 26 days' notice of such costs, the department of revenue and
10 27 finance shall be notified and shall deduct such costs from
10 28 such county's or city's allocation under chapter 405A. The
10 29 amount deducted shall be forwarded to the board.
10 30 Sec. 13. NEW SECTION. 366.7 PLAN SUBMITTED TO BOARD FOR
10 31 FINAL APPROVAL.
10 32 A strategic development plan ratified pursuant to section
10 33 366.5 or a plan that has been agreed to by mediation pursuant
10 34 to section 366.6 or a plan adopted by the board pursuant to
10 35 section 366.6 shall be submitted to the board for approval
11 1 within ten days of ratification or approval of the plan. If
11 2 the board determines that a plan conforms with the
11 3 requirements of section 366.4, the board shall approve the
11 4 plan. If the board determines that a plan does not so
11 5 conform, the board shall return the plan, along with a
11 6 statement specifying the deficiencies, to the local strategic
11 7 development committee. The committee shall promptly adopt
11 8 such amendments to the plan necessary to correct the
11 9 deficiencies and shall return the amended plan to the board.
11 10 The board shall have approved all plans by January 1, 2006.
11 11 Sec. 14. NEW SECTION. 366.8 RECORDING OF STRATEGIC
11 12 DEVELOPMENT PLAN.
11 13 After the board has approved a strategic development plan,
11 14 the board shall retain a copy of the plan on file and shall
11 15 forward a copy to the county auditor who shall record the plan
11 16 in the office of county recorder no later than five days after
11 17 receiving the plan from the board.
11 18 Sec. 15. NEW SECTION. 366.9 DURATION OF PLANS == REVIEW
11 19 AND AMENDMENT.
11 20 After a strategic development plan has been recorded with
11 21 the county recorder, the plan shall remain in effect for not
11 22 less than five years absent a showing of extraordinary
11 23 circumstances necessitating a change in the plan. After
11 24 expiration of the five=year period, the county or a city in
11 25 the county may propose an amendment to the strategic
11 26 development plan or may propose a review of the plan by filing
11 27 notice with the county board of supervisors for the county and
11 28 the city council of each city in the county. Upon receipt of
11 29 such notice by the county and each city, the county board of
11 30 supervisors shall promptly reconvene the local strategic
11 31 development committee. The burden of proving the
11 32 reasonableness of a proposed amendment to the plan shall be
11 33 upon the party proposing the amendment. The procedures for
11 34 amending the strategic development plan shall be the same as
11 35 the procedures set forth in this chapter for creating the
12 1 original strategic development plan.
12 2 Sec. 16. NEW SECTION. 366.10 JUDICIAL REVIEW.
12 3 1. The county, a city in the county, a resident of the
12 4 county, or an owner of real property located in the county may
12 5 seek judicial review of a decision of the board relating to
12 6 the strategic development plan presented to the board for its
12 7 approval. The judicial review provisions of this section and
12 8 chapter 17A shall be the exclusive means by which a person or
12 9 party who is aggrieved or adversely affected by action of the
12 10 board may seek judicial review of the action of the board.
12 11 2. A petition for judicial review must be filed within
12 12 sixty days after the strategic development plan is recorded
12 13 with the county recorder. In accordance with the Iowa rules
12 14 of civil procedure pertaining to service of process, copies of
12 15 the petition shall be served upon the board.
12 16 3. The court's review is limited to questions relating to
12 17 jurisdiction, regularity of proceedings, and whether the
12 18 action of the board is, by a preponderance of the evidence,
12 19 arbitrary, unreasonable, or without substantial supporting
12 20 evidence. The court may nullify an action of the board and
12 21 return the plan with appropriate directions to the board.
12 22 4. The filing of a petition for judicial review does not
12 23 stay the effectiveness of the strategic development plan or
12 24 recognition of strategic development areas and strategic
12 25 preservation areas identified in the plan. However, the court
12 26 may order a stay upon appropriate terms if it is shown to the
12 27 satisfaction of the court that any party or the public at
12 28 large is likely to suffer significant injury if a stay is not
12 29 granted. If more than one petition for judicial review
12 30 regarding a single board action is filed, all such petitions
12 31 shall be consolidated and tried as a single civil action.
12 32 5. The following portions of section 17A.19 are not
12 33 applicable to this chapter:
12 34 a. The portion of subsection 2 relating to where
12 35 proceedings for judicial review shall be instituted.
13 1 b. Subsection 5.
13 2 c. Subsection 8.
13 3 d. Subsections 10 through 12.
13 4 Sec. 17. NEW SECTION. 366.11 LOCAL IMPLEMENTATION.
13 5 1. A city or county governed by a strategic development
13 6 plan shall not adopt ordinances regulating land development
13 7 and management within its territory that are inconsistent with
13 8 the strategic development plan governing the territory.
13 9 2. A county that has approved a strategic development plan
13 10 pursuant to this chapter, and any city in such county, shall
13 11 use the strategic development plan as the basis for the
13 12 comprehensive plan required pursuant to section 335.5 or 414.3
13 13 if the county or city has adopted a zoning ordinance. The
13 14 county and each city shall amend its comprehensive plan to
13 15 conform to the strategic development plan. After a strategic
13 16 development plan is approved, all land use decisions made by
13 17 the governing body of each city and county and the city's or
13 18 county's planning commission shall be consistent with the
13 19 strategic development plan.
13 20 3. A city or county is under no obligation to provide
13 21 municipal services for development that does not conform to
13 22 the applicable strategic development plan.
13 23 Sec. 18. NEW SECTION. 366.12 COUNTY AND CITY ZONING
13 24 DISCRETIONARY.
13 25 This chapter shall not be construed as imposing a
13 26 requirement on a county or city to adopt a zoning ordinance
13 27 pursuant to chapter 335 or 414.
13 28 Sec. 19. NEW SECTION. 366.13 STATE AGENCIES.
13 29 State agencies are encouraged to consider the strategic
13 30 development plan governing a locality when carrying out
13 31 projects relating to, or affecting, land use in the locality.
13 32 If action taken by a state agency in carrying out a project
13 33 relating to, or affecting, land use in a locality is not
13 34 consistent with the strategic development plan for the
13 35 locality, the reasons for the action must be explained in
14 1 writing by the state agency and made a part of the project
14 2 plans or specifications.
14 3 Sec. 20. NEW SECTION. 366.14 INCENTIVES FOR COMPLIANCE
14 4 WITH CHAPTER == REQUIREMENT OF DEPARTMENT OF ECONOMIC
14 5 DEVELOPMENT.
14 6 A county and cities within the county that are required to
14 7 comply with this chapter and that have not had a strategic
14 8 development plan approved by the board by January 1, 2006,
14 9 shall not be eligible to receive funds for projects under
14 10 programs identified by the department of economic development
14 11 and shall not be allowed to utilize statutory economic
14 12 development incentives that are available to local
14 13 governments.
14 14 The department of economic development shall prepare a list
14 15 of economic development incentives and programs currently
14 16 available to local governments and shall transmit such list to
14 17 the general assembly on or before January 1, 2004.
14 18 Sec. 21. NEW SECTION. 414.32 REGULATORY INCENTIVES.
14 19 Cities may provide regulatory incentives, including
14 20 expedited permitting and waiver of permit fees, for new
14 21 development, expansion of existing development, and
14 22 redevelopment within all or part of the incorporated
14 23 boundaries of the city in areas containing undeveloped or
14 24 underdeveloped land or buildings that are substandard,
14 25 dilapidated, vacant, abandoned, or functionally obsolete.
14 26 DIVISION III
14 27 CITY DEVELOPMENT
14 28 Sec. 22. Section 368.1, subsection 3, Code 2003, is
14 29 amended to read as follows:
14 30 3. "Board" means the city development land management
14 31 planning board established in section 368.9 6C.4.
14 32 Sec. 23. NEW SECTION. 368.5A ANNEXATION PROHIBITED ==
14 33 STRATEGIC PRESERVATION AREAS.
14 34 Beginning January 1, 2006, for territory located in a
14 35 county governed by a strategic development plan, only
15 1 territory contained in a strategic development area may be
15 2 annexed. The city council or land management planning board
15 3 shall not approve any application or petition that seeks to
15 4 annex territory contained in a strategic preservation area.
15 5 However, a city may annex territory in a strategic
15 6 preservation area if the city intends to retain the area's
15 7 designation as a strategic preservation area and if the
15 8 annexation is a voluntary annexation applied for pursuant to
15 9 section 368.7.
15 10 Sec. 24. Section 368.7A, subsection 1, Code 2003, is
15 11 amended to read as follows:
15 12 1. The board of supervisors of each affected county shall
15 13 notify the city development land management planning board of
15 14 the existence of that portion of any secondary road which
15 15 extends to the center line but has not become part of the city
15 16 by annexation and has a common boundary with a city. The
15 17 notification shall include a legal description and a map
15 18 identifying the location of the secondary road. The city
15 19 development land management planning board shall provide
15 20 notice and an opportunity to be heard to each city in or next
15 21 to which the secondary road is located. The city development
15 22 land management planning board shall certify that the
15 23 notification is correct and declare the road, or portion of
15 24 the road extending to the center line, annexed to the city as
15 25 of the date of certification. This section is not intended to
15 26 interfere with or modify existing chapter 28E agreements on
15 27 jurisdictional transfer of roads, or continuing negotiations
15 28 between jurisdictions.
15 29 Sec. 25. Sections 368.9 and 368.10, Code 2003, are
15 30 repealed.
15 31 DIVISION IV
15 32 CORRESPONDING AMENDMENTS
15 33 Sec. 26. Section 15.108, subsection 3, paragraph a,
15 34 subparagraph (2), Code 2003, is amended to read as follows:
15 35 (2) Provide office space and staff assistance to the city
16 1 development land management planning board as provided in
16 2 section 368.9 6C.4.
16 3 Sec. 27. Section 331.304, subsection 7, Code 2003, is
16 4 amended to read as follows:
16 5 7. The board may file a petition with the city development
16 6 land management planning board as provided in section 368.11.
16 7 Sec. 28. Section 331.321, subsection 1, paragraph t, Code
16 8 2003, is amended to read as follows:
16 9 t. Local representatives to serve with the city
16 10 development land management planning board as provided in
16 11 section 368.14.
16 12 Sec. 29. Section 384.38, subsection 2, Code 2003, is
16 13 amended to read as follows:
16 14 2. Upon petition as provided in section 384.41, subsection
16 15 1, a city may assess to private property affected by public
16 16 improvements within three miles of the city's boundaries the
16 17 cost of construction and repair of public improvements within
16 18 that area. The right=of=way of a railway company shall not be
16 19 assessed unless the company joins as a petitioner for said
16 20 such improvements. In the petition the property owners shall
16 21 waive the limitation provided in section 384.62 that an
16 22 assessment may not exceed twenty=five percent of the value of
16 23 the lot. The petition shall contain a statement that the
16 24 owners agree to pay the city an amount equal to five percent
16 25 of the cost of the improvements, to cover administrative
16 26 expenses incurred by the city. This amount may be added to
16 27 the cost of the improvements. Before the council may adopt
16 28 the resolution of necessity, the preliminary resolution,
16 29 preliminary plans and specifications, plat, schedule, and
16 30 estimate of cost must be submitted to, and receive written
16 31 approval from, the board of supervisors of any county which
16 32 contains part of the property, and the city development land
16 33 management planning board established in section 368.9 6C.4.
16 34 DIVISION V
16 35 IMPLEMENTATION AND EFFECTIVE DATES
17 1 Sec. 30. IMPLEMENTATION OF ACT. Section 25B.2, subsection
17 2 3, shall not apply to this Act.
17 3 Sec. 31. EFFECTIVE DATES.
17 4 1. Except as otherwise provided in this section, divisions
17 5 I, III, and IV, and this division of this Act, being deemed of
17 6 immediate importance, take effect upon enactment.
17 7 2. The section of division III of this Act enacting
17 8 section 368.5A takes effect January 1, 2006.
17 9 3. Division II of this Act takes effect May 1, 2003.
17 10 EXPLANATION
17 11 This bill makes changes to the law relating to state and
17 12 local land management planning and development.
17 13 The bill establishes a statewide land management planning
17 14 board, which is the current city development board with
17 15 expanded duties. The land management planning board, besides
17 16 being involved with city development and annexation, will
17 17 oversee administration of the land management planning fund.
17 18 The land management planning fund is created to help pay the
17 19 costs of administering the board's duties.
17 20 The bill requires each metropolitan statistical area county
17 21 and cities in those counties to establish a strategic
17 22 development committee by September 1, 2003, for the purpose of
17 23 creating a strategic development plan for the entire county.
17 24 Two or more contiguous counties may form one combined
17 25 strategic development committee. Prior to writing a strategic
17 26 development plan, the committee is to hold a public hearing.
17 27 The purpose of the plan is to direct coordinated, efficient,
17 28 and orderly development. A strategic development plan shall
17 29 identify areas for future development and shall identify
17 30 strategic preservation areas where development would not be
17 31 allowed. Prior to recommendation of a strategic development
17 32 plan, the committee is required to hold a public hearing on
17 33 the proposed plan. Plans are to be submitted by the committee
17 34 to the cities and county by January 1, 2005, for ratification.
17 35 If a proposed strategic development plan is not ratified by
18 1 the cities and county, the committee shall revise the plan and
18 2 submit it to the cities and county for ratification. If the
18 3 revised plan is not ratified, both the recommended plan and
18 4 the revised plan are submitted to a mediator for resolution of
18 5 the issues in dispute. The mediation process must be
18 6 concluded within 30 days. If the mediator cannot resolve the
18 7 disputed issues, the board must resolve the impasse and adopt
18 8 a plan.
18 9 A plan ratified by the cities and county must be approved
18 10 by the land management planning board. All plans must be
18 11 approved by the board by January 1, 2006. Approved plans must
18 12 be recorded with the county recorder and filed with the land
18 13 management planning board. A plan does not take effect until
18 14 it is recorded with the county recorder. A plan remains in
18 15 effect for five years. The bill provides that the strategic
18 16 development plan shall be the basis for the comprehensive
18 17 zoning plan of the cities and county. The bill encourages
18 18 state agencies to consider the strategic development plan of a
18 19 locality when carrying out a project relating to, or
18 20 affecting, land use in the locality.
18 21 The bill contains an intent section pertaining to rewards
18 22 for complying with the planning requirements and penalties for
18 23 failure to comply. The bill directs the department of
18 24 economic development to submit to the general assembly, on or
18 25 before January 1, 2004, a list of economic development
18 26 incentives and programs currently available to local
18 27 governments. The bill authorizes cities to provide regulatory
18 28 incentives, such as expedited permitting and waiver of permit
18 29 fees, for development within certain parts of the city.
18 30 The bill may include a state mandate as defined in Code
18 31 section 25B.3. However, the bill makes inapplicable Code
18 32 section 25B.2, subsection 3, which would relieve a political
18 33 subdivision from complying with a state mandate if funding for
18 34 the cost of the state mandate is not provided or specified.
18 35 Therefore, political subdivisions are required to comply with
19 1 any state mandate included in the bill.
19 2 The sections of the bill relating to the state land
19 3 management planning board and certain sections relating to
19 4 city development take effect immediately. The division of the
19 5 bill relating to local strategic development takes effect May
19 6 1, 2003. The section of the bill relating to annexation in
19 7 strategic preservation areas takes effect January 1, 2006.
19 8 LSB 1137YH 80
19 9 sc/sh/8