251.160. Definitions--creation, procedure--change in boundaries, certain commission, consent of governor required.
Definitions--creation, procedure--change in boundaries, certaincommission, consent of governor required.
251.160. 1. For the purpose of sections 251.010 to 251.440, thefollowing terms mean:
(1) "Director", the director of the department of economic development;
(2) "Governing body", the board, body or persons in which the powers ofa local unit are vested;
(3) "Local governmental units" or "local units" includes cities,villages, towns and counties;
(4) "Population", the population of a local unit as shown by the lastfederal census or by any subsequent population estimate certified asacceptable by the director;
(5) "State office", the department of economic development;
(6) "Transportation planning boundary", the portion of the boundary of ametropolitan planning organization which is located in Missouri, asestablished pursuant to 23 U.S.C., section 134, which defines the area inwhich a metropolitan planning organization has responsibility fortransportation planning.
2. A regional planning commission may be created by the governor uponpetition in the form of a resolution by the governing body of a localgovernmental unit and the holding of a public hearing on such petition. Ifthe petition shall be joined in by the governing bodies of all the local unitsin the proposed region, including the county commission of any county, part orall of which is in the proposed region, the governor may dispense with thehearing. Notice of any public hearing shall be given by the governor by mailat least ten days in advance to the clerk of each local unit in the proposedregion. If the governor finds that there is a need for a regional planningcommission, and if the governing bodies of local units within the proposedregion which include over fifty percent of the population as determined by thelast decennial census of the United States shall consent to the formation ofsuch regional planning commission, the governor may create the regionalplanning commission by order and designate the area and boundaries of thecommission's jurisdiction, taking into account the elements of homogeneitybased upon, but not limited to, such consideration as topographic andgeographic conformations, extent of urban development, the existence ofspecial or acute agricultural, forestry, conservation or other rural problems,uniformity of social or economic interests and values, park and recreationalneeds, civil defense, or the existence of physical, social and economicproblems of a regional character.
3. Notwithstanding the provisions of section 64.530, RSMo, the creationof a regional planning commission and a local unit's participation in andadoption of plans prepared by the regional planning commission shall notrequire a referendum; except that, this provision shall not extend to theadoption of county zoning laws or regulations under sections 64.620 to 64.690,RSMo.
4. No provision of sections 251.010 to 251.440 shall be construed toimpair or affect in any way the legal existence, powers, or functions of anyplanning commission or other organization, public or private, in such areaswhich heretofore has been constituted or designated by resolutions approved bythe governing bodies of the local units containing the majority of thepopulation of such area for the purpose of conducting comprehensive planning,including transportation planning under or in conformity with the requirementsof any statute of the United States or any regulation issued thereunder; andany such previously constituted planning commission or organization shall begoverned in all respects by the resolutions of the governing bodies of thelocal units which constitute such planning commissions or organizations, bythe provisions of this section, or by other applicable law.
5. A regional planning commission within a metropolitan statistical areaof more than five hundred thousand in population, which area does not containa city not within a county, and which commission is acting as a metropolitanplanning organization pursuant to state and federal law, may only change itstransportation planning boundary with the concurrence of the governor.
(L. 1965 2d Ex. Sess. p. 908 § 7, A.L. 1967 p. 361 § 6, A.L. 1986 S.B. 426, A.L. 1993 H.B. 555)