HCS SS#2 SCS SB 5 -- MISSOURI COUNTY PLANNING ACT

SPONSOR:  Griesheimer (Sutherland)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Ways and
Means by a vote of 6 to 3 with 1 present.

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

(1)  Requires the county commission to hold at least two public
hearings before the establishment of a county planning commission
comprised of appointed members to prepare a comprehensive plan
for the county;

(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)  Requires voter approval before the county commission can
accept and implement a comprehensive plan;

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

(6)  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;

(7)  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;

(8)  Requires counties that have adopted zoning regulations under
the substitute 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;

(9)  Exempts property used for the raising of crops, livestock,
orchards, forestry, and rice farming or temporary flood
irrigation from any zoning regulations nor will they apply to
certain underground mines;

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

(11)  Authorizes the grandfathering of actual lawful uses of
property in existence on August 28, 2009;

(12)  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

(13)  Specifies that nothing contained in the substitute will
affect the existence or validity of a county ordinance or order
adopted prior to August 28, 2009.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that voter approval is required for
the comprehensive plan.  In every county without planning or
zoning, a developer can buy the ground next to a farmer's fence
and develop it anyway they want.  The bill will give some
protection to a property owner, including a farmer.  County
commissioners are not opposed to allowing residents more of a
voice in planning.  Twenty-eight out of 114 counties currently
have planning.  There is no mandate to require any county to do
this, but the bill provides the option.  Various interpretations
of zoning rules have been made by attorneys and judges.  The bill
provides one consistent set of guidelines that requires public
input.  No other state requires the people to vote on the plan.

Testifying for the bill were Senator Griesheimer; Missouri
Association of Counties; County Commissioners Association of
Missouri; and American Planning Association, Missouri Chapter.

OPPONENTS:  Those who oppose the bill say that the bill adds all
new language to the statutes and is not a way to simplify the
statutes.  Currently, counties must vote to get planning and
zoning.  Half of the bill consists of zoning language.
Currently, 14 of the 17 first classification counties have zoning
while some counties have voted it down.  There was confusion on
what the bill did last year when it passed the House.  The bill
removes the up-front vote of the people, increases government
costs and controls, and allows zoning boards to be paid and have
a hired secretary, while some zoning boards do not currently get
paid.  The commission will be able to decide on too many rights
of the people.

Testifying against the bill were Missouri Farm Bureau; and Ron
Keeven.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am