House File 268 - Introduced HOUSE FILE 268 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HF 11) A BILL FOR An Act eliminating the Iowa smart planning principles and other 1 local comprehensive planning and development guidelines. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1346HV (1) 85 md/sc
H.F. 268 Section 1. Section 16.194A, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. A city or county in this state that applies the smart 3 planning principles and guidelines pursuant to sections 4 18B.1 and 18B.2 may submit an application to the Iowa jobs 5 board for financial assistance for a local infrastructure 6 competitive grant for an eligible project under the program, 7 notwithstanding any limitation on the state’s percentage in 8 funding as contained in section 29C.6, subsection 17 . 9 Sec. 2. Section 28I.4, subsection 1, Code 2013, is amended 10 to read as follows: 11 1. The commission shall have the power and duty to make 12 comprehensive studies and plans for the development of the 13 area it serves which will guide the unified development of 14 the area and which will eliminate planning duplication and 15 promote economy and efficiency in the coordinated development 16 of the area and the general welfare, convenience, safety, and 17 prosperity of its people. The plan or plans collectively 18 shall be known as the regional or metropolitan development 19 plan. The plans for the development of the area may include 20 but shall not be limited to recommendations with respect to 21 existing and proposed highways, bridges, airports, streets, 22 parks and recreational areas, schools and public institutions 23 and public utilities, public open spaces, and sites for public 24 buildings and structures; districts for residence, business, 25 industry, recreation, agriculture, and forestry; water supply, 26 sanitation, drainage, protection against floods and other 27 disasters; areas for housing developments, slum clearance 28 and urban renewal and redevelopment; location of private 29 and public utilities, including but not limited to sewerage 30 and water supply systems; and such other recommendations 31 concerning current and impending problems as may affect the 32 area served by the commission. Time and priority schedules and 33 cost estimates for the accomplishment of the recommendations 34 may also be included in the plans. The plans shall be made 35 -1- LSB 1346HV (1) 85 md/sc 1/ 3
H.F. 268 with consideration of the smart planning principles under 1 section 18B.1 . The plans shall be based upon and include 2 appropriate studies of the location and extent of present 3 and anticipated populations; social, physical, and economic 4 resources, problems and trends; and governmental conditions and 5 trends. The commission is also authorized to make surveys, 6 land-use studies, and urban renewal plans, provide technical 7 services and other planning work for the area it serves and 8 for cities, counties, and other political subdivisions in the 9 area. A plan or plans of the commission may be adopted, added 10 to, and changed from time to time by a majority vote of the 11 planning commission. The plan or plans may in whole or in part 12 be adopted by the governing bodies of the cooperating cities 13 and counties as the general plans of such cities and counties. 14 The commission may also assist the governing bodies and other 15 public authorities or agencies within the area it serves 16 in carrying out any regional plan or plans, and assist any 17 planning commission, board or agency of the cities and counties 18 and political subdivisions in the preparation or effectuation 19 of local plans and planning consistent with the program of the 20 commission. The commission may cooperate and confer, as far as 21 possible, with planning agencies of other states or of regional 22 groups of states adjoining its area. 23 Sec. 3. Section 329.3, Code 2013, is amended to read as 24 follows: 25 329.3 Zoning regulations —— powers granted. 26 Every municipality having an airport hazard area within 27 its territorial limits may adopt, administer, and enforce 28 in the manner and upon the conditions prescribed by this 29 chapter , zoning regulations for such airport hazard area, 30 which regulations may divide such area into zones and, within 31 such zones, specify the land uses permitted, and regulate 32 and restrict, for the purpose of preventing airport hazards, 33 the height to which structures and trees may be erected or 34 permitted to grow. Regulations adopted under this chapter 35 -2- LSB 1346HV (1) 85 md/sc 2/ 3
H.F. 268 shall be made with consideration of the smart planning 1 principles under section 18B.1 . 2 Sec. 4. Section 335.5, subsection 3, Code 2013, is amended 3 by striking the subsection. 4 Sec. 5. Section 414.3, subsection 3, Code 2013, is amended 5 by striking the subsection. 6 Sec. 6. REPEAL. Chapter 18B, Code 2013, is repealed. 7 EXPLANATION 8 Current Code section 18B.1 enumerates the Iowa smart 9 planning principles. The Iowa smart planning principles are 10 10 principles that state agencies, local governments, and other 11 public entities are required to consider and may apply during 12 deliberation of all appropriate planning, zoning, development, 13 and resource management decisions. Code section 18B.2 requires 14 a city or county, when developing or amending a comprehensive 15 plan under Code chapter 335 or 414 or when developing or 16 amending other local land development regulations, to consider 17 the smart planning principles under Code section 18B.1 and 18 authorizes such city or county to include specified additional 19 types of objective or program information concerning the action 20 being taken by the city or county. This bill repeals Code 21 sections 18B.1 and 18B.2 and makes corresponding changes to 22 other provisions of the Code. 23 -3- LSB 1346HV (1) 85 md/sc 3/ 3