HF 2148 (LSB 6030YH (2) 91)

HOUSE FILE 2148

BY  FISHER

A BILL FOR

An Act eliminating the Iowa smart planning principles and other local comprehensive planning and development guidelines.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 16.194A, subsection 2, Code 2026, is amended to read as follows:
   2.  A city or county in this state that applies the smart planning principles and guidelines pursuant to sections 18B.1 and 18B.2 may submit an application to the authority for financial assistance for a local infrastructure competitive grant for an eligible project under the program, notwithstanding any limitation on the state’s percentage in funding as contained in section 29C.6, subsection 17.
    Sec. 2.  Section 28I.4, subsection 1, Code 2026, is amended to read as follows:
   1.  The commission shall have the power and duty to make comprehensive studies and plans for the development of the area it serves which will guide the unified development of the area and which will eliminate planning duplication and promote economy and efficiency in the coordinated development of the area and the general welfare, convenience, safety, and prosperity of its people. The plan or plans collectively shall be known as the regional or metropolitan development plan. The plans for the development of the area may include but shall not be limited to recommendations with respect to existing and proposed highways, bridges, airports, streets, parks and recreational areas, schools and public institutions and public utilities, public open spaces, and sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture, and forestry; water supply, sanitation, drainage, protection against floods and other disasters; areas for housing developments, slum clearance and urban renewal and redevelopment; location of private and public utilities, including but not limited to sewerage and water supply systems; and such other recommendations concerning current and impending problems as may affect the area served by the commission. Time and priority schedules and cost estimates for the accomplishment of the recommendations may also be included in the plans. The plans shall be made with consideration of the smart planning principles under section 18B.1. The plans shall be based upon and include appropriate studies of the location and extent of present and anticipated populations; social, physical, and economic resources, problems and trends; and governmental conditions and trends. The commission is also authorized to make surveys, land-use studies, and urban renewal plans, provide technical services and other planning work for the area it serves and for cities, counties, and other political subdivisions in the area. A plan or plans of the commission may be adopted, added to, and changed from time to time by a majority vote of the planning commission. The plan or plans may in whole or in part be adopted by the governing bodies of the cooperating cities and counties as the general plans of such cities and counties. The commission may also assist the governing bodies and other public authorities or agencies within the area it serves in carrying out any regional plan or plans, and assist any planning commission, board or agency of the cities and counties and political subdivisions in the preparation or effectuation of local plans and planning consistent with the program of the commission. The commission may cooperate and confer, as far as possible, with planning agencies of other states or of regional groups of states adjoining its area.
    Sec. 3.  Section 329.3, Code 2026, is amended to read as follows:
   329.3  Zoning regulations —— powers granted.
   Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed by this chapter, zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the height to which structures and trees may be erected or permitted to grow. Regulations adopted under this chapter shall be made with consideration of the smart planning principles under section 18B.1.
    Sec. 4.  Section 335.5, subsection 3, Code 2026, is amended by striking the subsection.
    Sec. 5.  Section 414.3, subsection 3, Code 2026, is amended by striking the subsection.
    Sec. 6.  REPEAL.  Chapter 18B, Code 2026, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current Code section 18B.1 enumerates the Iowa smart planning principles. The Iowa smart planning principles are 10 principles that state agencies, local governments, and other public entities are required to consider and may apply during deliberation of all appropriate planning, zoning, development, and resource management decisions. Code section 18B.2 requires a city or county, when developing or amending a comprehensive plan under Code chapter 335 or 414 or when developing or amending other local land development regulations, to consider the smart planning principles under Code section 18B.1 and authorizes such city or county to include specified additional types of objective or program information concerning the action being taken by the city or county. This bill repeals Code sections 18B.1 and 18B.2 and makes corresponding changes to other provisions of the Code.