HB 1832 -- MISSOURI COUNTY PLANNING ACT

SPONSOR:  Cooper (120)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 11 to 0.

This bill establishes the Missouri County Planning Act.  In its
main provisions, the bill:

(1)  Allows for the establishment of a county planning commission
comprised of appointed members to prepare a comprehensive plan
for the county.  The planning commission may be established
either directly by the county commission or by voter petition and
approval;

(2)  Specifies the powers and duties of the planning commission;

(3)  Specifies the elements of the comprehensive plan and the
procedures for its consideration, hearing, and adoption by the
planning commission and the county commission;

(4)   Authorizes the planning commission to recommend subdivision
regulations after a public hearing and authorizes the county
commission to adopt the regulations;

(5)   Authorizes the planning commission to adopt a major street
plan for all unincorporated areas of the county in accordance
with the transportation element of the comprehensive plan;

(6)   Authorizes the planning commission to recommend zoning
regulations for all unincorporated areas of the county in
accordance with the comprehensive plan after a public hearing and
authorizes the county commission to adopt the regulations upon
voter approval;

(7)   Requires counties that have adopted zoning regulations
under the bill to appoint a county board of zoning adjustment to
hear and decide appeals of zoning decisions and applications for
variances.  The hearing and appeal procedures are specified;

(8)  Specifies that violations of any regulations adopted under
the bill are misdemeanors and authorizes certain counties to
impose fines for these violations;

(9)   Authorizes the grandfathering of actual lawful uses of
property in existence on August 28, 2008;

(10)   Authorizes counties to enter into cooperative agreements
with public or private entities for the exercise and performance
of the established planning powers, duties, and functions; and

(11)  Specifies that nothing contained in the bill will affect
the existence or validity of a county ordinance or order adopted
prior to August 28, 2008.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill will eliminate some of
the widespread confusion caused by the fact that there are at
least four different statutory procedures for establishing county
planning and zoning.  Allowing a county to put an actual plan
before the voters makes more sense than expecting the voters to
support an amorphous concept.  The bill will promote responsible
development.

Testifying for the bill were Representative Cooper (120); Bruce
Wiggins, Missouri Planning Association; Kingdom of Callaway
Chamber of Commerce; Marty Wilson; St. Louis Home Builders
Association; Missouri Association of Counties; American Institute
of Architects of Missouri; County Commissioners Association of
Missouri; and Johnson County Economic Development Corporation.

OPPONENTS:  Those who oppose the bill say that it takes the
decision whether to have a planning commission away from the
people; and if the current approval process takes longer, it is
because it has an educational component.

Testifying against the bill was Missouri Farm Bureau.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm