AB 885

Current law generally authorizes cities and villages (incorporated municipalities) to exercise subdivision regulation authority in certain areas that are outside of the boundaries of the city or village (extraterritorial land regulation jurisdiction). The extraterritorial land regulation jurisdiction consists of unincorporated areas (town territory) within three miles of the corporate limits of a first, second, or third class city or within 1.5 miles of a fourth class city or a village.

This bill specifies that incorporated municipalities may not deny approval of subdivision of land in an extraterritorial land regulation jurisdiction based on 1) the proposed use of the land, 2) specifications related to public improvements on the land, 3) land division design standards, or 4) an agreement or lack of agreement related to the annexation of the land. The bill also provides that in any action brought by a town to enforce any of these provisions, if the town is the prevailing party, the town is entitled to have its reasonable attorney fees reimbursed by the incorporated municipality.