H.F. _____ Section 1. Section 331.602, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 33. Record deeds for the conveyance of 3 development rights that are approved in accordance with section 4 335.3, subsection 2, or section 414.1, subsection 1A. 5 Sec. 2. Section 335.3, Code 2017, is amended to read as 6 follows: 7 335.3 Powers. 8 1. Subject to section 335.2 , the board of supervisors 9 may by ordinance regulate and restrict the height, number of 10 structures, and size of buildings and other structures, the 11 percentage of lot that may be occupied, the size of yards, 12 courts, and other open spaces, the density of population, the 13 establishment and conveyance of development rights, and the 14 location and use of buildings, structures, and land for trade, 15 industry, residence, or other purposes, and may regulate, 16 restrict, and prohibit the use for residential purposes 17 of tents, trailers, and portable or potentially portable 18 structures. However, such powers shall be exercised only with 19 reference to land and structures located within the county but 20 lying outside of the corporate limits of any city. 21 2. a. The board of supervisors may by ordinance or 22 amendment allow, regulate, or restrict the conveyance of 23 development rights, subject to this subsection and subject to 24 any contrary provisions of this chapter. Such ordinance or 25 amendment shall provide that there is created, as a separate 26 estate in land, the development rights arising from an estate 27 in land, and such development rights are declared to be 28 severable and separately conveyable by deed from the estate 29 in fee simple from which the development rights are derived. 30 Such ordinance or amendment shall require that a deed conveying 31 development rights be individually approved by at least a 32 majority vote of the board of supervisors. Any person or 33 persons, jointly or severally, aggrieved by any decision of the 34 board of supervisors under this subsection may seek judicial 35 -1- LSB 1815HC (4) 87 aw/sc 1/ 4

H.F. _____ review of the decision in the same manner as otherwise provided 1 for decisions of the board of adjustment under sections 335.18 2 through 335.22. 3 b. If a conveyance of development rights is approved by the 4 board of supervisors, the transferee shall file the deed of the 5 conveyance with the county recorder for recording. The county 6 recorder shall not accept for recording any deed conveying 7 development rights unless the board of supervisors has endorsed 8 the board’s approval on the deed not more than sixty days prior 9 to the filing with the county recorder. 10 c. Development rights are not transferable across the 11 boundaries of the county or across the boundaries of a 12 city within the county, except that development rights are 13 transferable across the boundaries of counties and cities that 14 have adopted ordinances or amendments allowing the conveyance 15 of development rights and that are parties to a chapter 28E 16 agreement that specifically permits the conveyance of such 17 rights across political subdivision boundaries and provides for 18 the approval of such conveyances by at least one governing body 19 of a political subdivision that is a party to the agreement. 20 Sec. 3. Section 414.1, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. For the purpose of promoting the health, safety, morals, 23 or the general welfare of the community or for the purpose of 24 preserving historically significant areas of the community, any 25 city is hereby empowered to regulate and restrict the height, 26 number of stories, and size of buildings and other structures, 27 the percentage of lot that may be occupied, the size of yards, 28 courts, and other open spaces, the density of population, the 29 establishment and conveyance of development rights, and the 30 location and use of buildings, structures, and land for trade, 31 industry, residence, or other purposes. 32 Sec. 4. Section 414.1, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 1A. a. The city council may by ordinance 35 -2- LSB 1815HC (4) 87 aw/sc 2/ 4

H.F. _____ or amendment allow, regulate, and restrict the conveyance of 1 development rights, subject to this subsection and subject to 2 any contrary provisions of this chapter. Such ordinance or 3 amendment shall provide that there is created, as a separate 4 estate in land, the development rights arising from an estate 5 in land, and such development rights are declared to be 6 severable and separately conveyable by deed from the estate 7 in fee simple from which the development rights are derived. 8 Such ordinance or amendment shall require that a deed conveying 9 development rights be individually approved by at least a 10 majority vote of the city council. Any person or persons, 11 jointly or severally, aggrieved by a decision of the council 12 under this subsection may seek judicial review of the decision 13 in the same manner as otherwise provided for decisions of the 14 board of adjustment under sections 414.15 through 414.19. 15 b. If a conveyance of development rights is approved by 16 the city council, the transferee shall file the deed of the 17 conveyance with the county recorder for recording. The county 18 recorder shall not accept for recording any deed conveying 19 development rights unless the city council has endorsed the 20 council’s approval on the deed not more than sixty days prior 21 to the filing with the county recorder. 22 c. Development rights are not transferable across the 23 boundaries of the city, except that development rights are 24 transferable across the boundaries of cities and counties that 25 have adopted ordinances or amendments allowing the conveyance 26 of developments rights and that are parties to a chapter 28E 27 agreement that specifically permits the conveyance of such 28 rights across political subdivision boundaries and provides for 29 the approval of such conveyances by at least one governing body 30 of a political subdivision that is a party to the agreement. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to city and county zoning by allowing 35 -3- LSB 1815HC (4) 87 aw/sc 3/ 4

H.F. _____ cities and counties to allow, regulate, and restrict the 1 transfer of development rights. 2 Under the bill, a city or county may, by ordinance or 3 amendment, establish development rights arising from estates 4 in land as a part of the political subdivision’s zoning 5 regulations. Such development rights are declared to be 6 severable and separately conveyable from the estate in fee 7 simple from which the development rights are derived. 8 The bill requires that individual conveyances of development 9 rights be approved by the city council or board of supervisors 10 that established those rights. The bill requires a transferee 11 to file a deed of conveyance with the county recorder and 12 requires the county recorder to record deeds if approved by 13 the appropriate governing body within the 60 days prior to 14 filing. The bill also requires that an ordinance establishing 15 development rights provide for judicial review of the decisions 16 of the applicable governing body. 17 The bill provides that development rights are not 18 transferable across the boundaries of the political 19 subdivision, unless the relevant political subdivisions are 20 parties to an intergovernmental agreement that specifically 21 permits the conveyance of such rights across the political 22 subdivision boundaries and provides for the approval of each 23 conveyance. 24 -4- LSB 1815HC (4) 87 aw/sc 4/ 4