AB 178

Current law specifies whether a city, village, town, or county has the right to

approve or object to a plat (the map of a subdivision) or certified survey map. If a

subdivision or land lies in the unincorporated area within three miles of the

corporate limits of a first, second, or third class city, or within one and one-half miles

of a fourth class city or village, the governing body of the city or village (municipality)

has the right to approve the plat or certified survey map under its extraterritorial

plat approval jurisdiction, as well as the board of the town within which the

subdivision or land lies and the planning agency of the county within which the

subdivision or land lies if the planning agency employs on a full-time basis a

professional engineer, a planner, or another person charged with administering

zoning or other planning legislation.

Also under current law, the area over which a municipality has extraterritorial

zoning jurisdiction is the same area over which it has extraterritorial plat approval

jurisdiction. The statutes provide a process whereby a municipality and the town in

which the municipality has extraterritorial zoning jurisdiction form a joint

committee, which consists of three municipal members and three town members, to

review any district zoning plan and regulations that the municipality is proposing

for all or part of the area within its extraterritorial zoning jurisdiction. The

municipality may adopt a proposed plan and regulations only if a majority of the joint

committee approve the proposed plan and regulations.

This bill prohibits a county from enacting any ordinance that governs the

subdivision or other division of land located in an area of the extraterritorial plat

approval jurisdiction of a municipality that is covered by a district zoning plan and

regulations approved by a joint committee of the municipality and town within which

the land is located.