HCS HB 487 -- MISSOURI COUNTY PLANNING ACT

SPONSOR: Deeken (Cooper, 120)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Government Affairs by a vote of 6 to 0.

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

(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 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;

(8)  Specifies that violations of any regulations adopted under
the substitute 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, 2007;

(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)  Clarifies that nothing contained in the substitute will
affect the existence or validity of a county ordinance or order
adopted prior to August 28, 2007.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill makes changes to the
planning and zoning codes which haven't been updated since the
1920s.  The bill does not affect zoning, but rather planning by
allowing local counties to plan development.  Counties will be
able to form planning commissions voluntarily and without a vote
or adoption of the citizens of the county.  Issues such as fire
code safety, road upkeep, and property value disputes will not
have to be submitted as ballot issues for counties.

Testifying for the bill were Representative Cooper (120); Bruce
Wiggins; Donald Kritzer; Kingdom of Callaway Chamber of Commerce;
and American Institute of Architects of Missouri.

OPPONENTS:  Those who oppose the bill say that the bill takes
control away from landowners.  Landowners in rural areas do not
see a need for planning, and the proper way to solve county
planning issues is to provide education and planning programs.
Landowners in rural areas do not like to be told how to manage or
plan development of their property.

Testifying against the bill was Missouri Farm Bureau.

OTHERS:  Others testifying on the bill say municipalities want
clarification that the bill will not provide counties with
planning power in the municipally incorporated areas.

Testifying on the bill was Missouri Municipal League.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am