11-806

11-806. Powers and duties; comprehensive plan

(L04, Ch. 235, sec. 3. Rpld. 10/1/11)

A. The commission shall act in an advisory capacity to the board and may from time
to time, and shall, when requested by the board, make a report or recommendation in
connection with any matter relating to the development of the county under the
jurisdiction of the board. The commission shall make such investigations, maps, reports
and recommendations in connection therewith as seem desirable within the limits of the
funds available.

B. The commission shall prepare and recommend to the board a comprehensive plan of
the area of jurisdiction of the county in the manner prescribed by article 2 of this
chapter. The purpose of the plan is to bring about coordinated physical development in
accordance with the present and future needs of the county. The comprehensive plan shall
be developed so as to conserve the natural resources of the county, to ensure efficient
expenditure of public funds, and to promote the health, safety, convenience, and general
welfare of the public. Such comprehensive plan may include but not be limited to, among
other things, studies and recommendations relative to the location, character and extent
of highways, railroads, bus and other transportation routes, bicycle facilities, bridges,
public buildings, public services, schools, parks, open space, housing quality, variety
and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas,
dams, projects affecting conservation of natural resources, air quality, water quality
and floodplain zoning. For counties with territory in the vicinity of a military airport
or ancillary military facility as defined in section 28-8461, the commission shall also
consider military airport or ancillary military facility operations and, on or before
December 31, 2005, shall identify the boundaries of any high noise or accident potential
zone as defined in section 28-8461 in its comprehensive plan for purposes of planning
land uses in the high noise or accident potential zone that are compatible with the
operation of the military airport or ancillary military facility pursuant to section
28-8481, subsection J. Such comprehensive plan shall be a public record, but its purpose
and effect shall be primarily as an aid to the county planning and zoning commission in
the performance of its duties.

C. After considering any recommendations from the review required under subsection
H of this section, the planning commission shall hold at least one public hearing.
Notice of the time and place of a hearing and availability of studies and summaries
related to the hearing shall be given at least fifteen and not more than thirty calendar
days before the hearing by:

1. Publication at least once in a newspaper of general circulation in the county.

2. Such other manner in addition to publication as the county may deem necessary or
desirable.

D. The board shall adopt a comprehensive plan and subsequently amend or extend the
adopted plan as provided by article 2 of this chapter. Before the adoption, amendment or
extension of the plan, the board shall hold at least one public hearing on the plan.

E. The board of supervisors shall:

1. Adopt written procedures to provide effective, early and continuous public
participation in the development and major amendment of comprehensive plans from all
geographic, ethnic and economic areas of the county. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public
officials and agencies, municipalities, school districts, associations of governments,
public land management agencies, the military airport if the county's area of
jurisdiction includes territory in the vicinity of a military airport or ancillary
military facility as defined in section 28-8461, other appropriate government
jurisdictions, public utility companies, civic, educational, professional and other
organizations, property owners and citizens generally to secure the maximum coordination
of plans and to indicate properly located sites for all public purposes on the plan.

3. In counties having a population of less than four hundred thousand persons,
receive petitions to form a rural planning area that are signed by persons who own real
property in any specific portion of the county outside the corporate boundaries of any
cities and towns. The petitions must be signed by owners of a majority of the acres of
real property in the proposed planning area. Participation in the rural planning area is
voluntary, and any person may withdraw real property owned by the person from the
planning area. The board of supervisors shall encourage voluntary participation in the
planning area and shall aid the planning areas in providing a sound factual and policy
basis for planning. The recommendations of rural planning areas shall emphasize
voluntary, nonregulatory incentives for compliance and accommodation of continuing
traditional rural and agricultural enterprises. Rural planning areas shall transmit
their recommendations to the board of supervisors for its consideration for inclusion in
the county comprehensive plan.

F. In any county having a population of less than four hundred thousand persons,
any cities and towns and the county sharing a multijurisdictional area with a combined
population of more than fifty thousand but less than one hundred thousand persons,
according to the most recent department of economic security estimates, may voluntarily
form rural planning zones to develop coordinated and comprehensive regional plans.

G. The commission shall confer with the state land department and the governing
bodies and planning commissions of cities and towns in the county for the purpose of
guiding and accomplishing a coordinated, adjusted and harmonious development of the
county, of zoning districts, of urban growth and of public improvements and utilities
which do not begin and terminate within the boundaries of any single city or town and
which will, in accordance with the present and future needs of the county, best promote
with efficiency and economy the health, safety, morals, order, convenience or general
welfare of the public.

H. At least sixty days before the comprehensive plan or an element or major
amendment of a comprehensive plan is noticed pursuant to subsection C of this section,
the commission shall transmit the proposal to the board of supervisors and submit a copy
for review and further comment to:

1. Each municipality in the county.

2. Each other county that is contiguous to the county.

3. The regional planning agency in the county.

4. The department of commerce or any other state agency that is subsequently
designated as the general planning agency for this state.

5. The department of water resources for review and comment on the water resources
element, if a water resources element is required.

6. If the comprehensive plan or an element or amendment of the comprehensive plan
is applicable to territory in the vicinity of a military airport or ancillary military
facility as defined in section 28-8461, the military airport.

7. If the comprehensive plan or an element or major amendment of the comprehensive
plan is applicable to property in the high noise or accident potential zone of a military
airport or ancillary military facility as defined in section 28-8461, the attorney
general. For the purposes of this paragraph, "major amendment" means a substantial
alteration of the county's land use mixture or balance as established in the county's
existing comprehensive plan land use element for that area of the county.

8. Any person or entity that requests in writing to receive a review copy of the
proposal.

I. If a county's area of jurisdiction includes land in a high noise or accident
potential zone as defined in section 28-8461, in order to facilitate development in the
high noise or accident potential zone that conforms to the compatible uses prescribed in
section 28-8481, subsection J, the county may approve the transfer of development rights
and enter into intergovernmental agreements with any city or town or other county.