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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.

(c) Public hearings after effective notice.

(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.