226.961. Applications or requests not to be approved by city or county without commission approval--procedure.
Applications or requests not to be approved by city or county withoutcommission approval--procedure.
226.961. 1. A city or county regulatory authority shall not approveany application or request described in sections 226.959 to 226.967concerning property abutting or within a highway corridor without theconcurrence of the commission until at least forty-five days have elapsedafter the commission received the application or request, unless theregulatory authority has received a notice of concurrence in theapplication or request from the commission.
2. Within the forty-five-day period, the commission by written noticeto the regulatory authority and the property owner may concur in theapplication or request, may recommend that the approval of the applicationor request be conditioned upon certain modifications or limits set forth inthe notice, or may give notice of probable intent to acquire the whole orany part of the subject property which is within the highway corridor.
3. If the commission concurs in the application or request, theregulatory authority shall be free to act upon the application in suchmanner as may be provided by law.
(L. 1995 S.B. 212 § 226.954 subsecs. 2 to 4)