54-40.1 Regional Planning Councils
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<![CDATA[CHAPTER 54-40.1REGIONAL PLANNING COUNCILS54-40.1-01. Legislative findings and purpose. The legislative assembly finds that thecitizens of the state have a fundamental interest in the orderly development of the state and its<br>resources.This finding recognizes the fact that the mobility of the population, changes ineconomic forces, and governmental mandates within and without the state present problems that<br>cannot always be met by individual counties or cities and that local government planning and<br>development efforts can be strengthened when aided by studies, planning, and implementation<br>of both a statewide and regional character.The legislative assembly further finds that the state has a positive interest in theestablishment, preparation, and maintenance of a long-term, continuing, comprehensive planning<br>and development process for the physical, social, and economic development of the state and<br>each of its regions to serve as a guide for activities of state and local governmental units.It is the purpose of this chapter to establish a consistent, comprehensive statewide policyfor planning, economic development, program operations, coordination, and related cooperative<br>activities of state and local governmental units and to enhance the ability of and opportunity for<br>local governmental units to resolve issues and problems transcending their individual boundaries.<br>In furtherance of this purpose, the legislative assembly finds that the governor is required to<br>assure orderly and harmonious coordination of state and local plans and programs with federal,<br>state, and regional planning and programming.54-40.1-02. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."City" means any city incorporated under the laws of this state.2."Governing body" means the city council or the board of city commissioners or the<br>board of county commissioners.3."Industry" includes agriculture and business.4."Member-at-large" means a person who represents the general citizenry of the<br>county.5."Minority group" means any identifiable group of people, regardless of numerical<br>size, whose members are denied or limited in employment, education, or training<br>opportunities because of sex, race, creed, color, religion, national origin, or low<br>income.6."Organized local development corporation" means any group organized for the<br>purpose of promoting economic development which has filed for incorporation as<br>such with the secretary of state.7."Region" means the area delineated by executive order of the governor.8."Regional comprehensive plan" means a long-range guide for the economic,<br>physical, and social development of a region which identifies regional goals,<br>objectives, and opportunities and embodies the policies of the regional council.9."Regional council" means the council for comprehensive planning and development<br>established in each region pursuant to this chapter.10."Units of general local government" means cities, counties, and organized<br>townships.Page No. 154-40.1-03. Regional council - Membership.1.Total membership on a regional council must be determined by the participating<br>units of general local government, subject to the following minimum criteria of<br>membership:a.A majority of the full regional council membership must be composed of<br>existing elected city officials and county commissioners.Selection of thesemembers must be by their respective governing bodies.b.One member of the regional council may represent identifiable and organized<br>minority groups existing in the region. Selection of the member may be made<br>by the minority groups upon invitation from the regional council.c.One soil conservation district supervisor from each county must be appointed<br>to the regional council to represent the agricultural and natural resource<br>interests of the region.The appointment of the soil conservation districtsupervisor must be made by the respective boards of soil conservation districts.<br>If any county contains more than one soil conservation district, either in whole<br>or in part, the concerned boards shall meet and jointly agree upon a single<br>appointment to the regional council.d.One or more members of the regional council, selected by the local<br>development corporations, shall represent the organized local development<br>corporations existing in the region.e.The chairman of the regional employment training council or the chairman's<br>designee must be appointed to the regional council.f.An alternate must be selected for each regular member of the regional council<br>in the same manner as the regular member is selected. The alternate member<br>is to serve on the regional council when the regular member is absent and shall<br>enjoy the same responsibilities and privileges as a regular member enjoys.2.The term of office of each member of the regional council must be as determined by<br>the regional council and specified in its agreements, rules, or procedures. However,<br>if a person is a member of the regional council as the result of being a member of<br>the governing body of a city or a county, that person's term on the regional council<br>expires at the same time that person's term of public office expires and another<br>person must be appointed to the regional council in the same manner as the<br>selection was made for the member whose term expires.3.Special or standing committees may be appointed to assist and advise the regional<br>council.Members of special or standing committees must be appointed by theregional council. Membership on special or standing committees is not limited to the<br>members of the regional council.4.The regional council may elect an executive board from the members of the regional<br>council. The executive board shall perform the administrative duties prescribed in<br>the agreements, rules, or procedures of the regional council.5.The regional council shall determine the rate at which expenses of regional council<br>members and members of any special or standing committees must be paid for<br>expenses incurred in attending meetings of the regional council and the committees<br>and in the performance of their official duties, but the amounts may not exceed the<br>amounts provided by law for state officers.54-40.1-04. Regional council - Powers and duties. A regional council shall:Page No. 21.Adopt agreements, rules, or procedures as may be necessary to effectuate planning<br>and development in the region.2.Coordinate planning and development within the region for all matters of regional<br>concern as determined by the regional council, including land use, social and<br>economic planning, economic development, transportation, health, environmental<br>quality, water and sewerage, solid waste, flood relief, parks and open spaces,<br>hospitals, and public buildings.3.Participate with other public agencies and private organizations in regard to research<br>for planning activities relevant to the region.4.For the purpose of coordination, work with state departments, agencies, and<br>institutions in reviewing and commenting on all plans and federal aid applications as<br>to their impact on the region.5.Develop guidelines for the coordination of land use plans and ordinances within the<br>region.6.Prepare a regional comprehensive plan and upon the preparation of such a plan or<br>any phase, amendment, revision, extension, addition, functional part, or part thereof,<br>file such plan, phase, functional part, amendment, revision, extension, addition, or<br>part thereof with the office, all local planning agencies within the region, and other<br>planning agencies in adjoining areas.7.Develop an annual budget for operations during a fiscal year.8.Receive and expend federal, state, and local funds, and contract for services with<br>units of general local government and private individuals and organizations,<br>consistent with the scope and objectives of planning and development functions.9.Upon availability of funds, hire an executive director who must be given full control<br>over the staff of the regional council. The executive director shall act as a liaison<br>between the regional council and the staff of the regional council and shall advise<br>and assist the regional council in the selection of staff.10.Provide technical assistance for primary sector business development by leveraging<br>local funds to assist in product development, product testing, business plan<br>development, feasibility studies, gaining patent protection, legal services, market<br>strategy development, and other needs to stimulate business development.11.Host business outreach forums to stimulate entrepreneurship and interchange with<br>potential investment and forums on other matters of importance to the local area.12.Upon request, facilitate the financing of local economic development activities, such<br>as interest buydown programs and local revolving loan fund programs, without<br>regard to the fiscal source.13.Act as a regional development corporation as provided by the individual regional<br>council's bylaws.14.Have authority to purchase, own, and manage real property for the purpose of the<br>business incubator and regional council administrative functions.54-40.1-05. Reports. Each regional council shall prepare an annual report within onehundred twenty days after the end of each fiscal year. The regional council shall submit copies<br>of the report to the participating units of general local government, to the governor or the<br>governor's designee, and to members of the legislative assembly in each region. To the extent<br>practicable, the report must include projects completed or in progress and sources of funding.Page No. 354-40.1-06. Dissolution of regional council. A regional council may be dissolved asprescribed in the agreements, rules, or procedures of the regional council. Upon dissolution, all<br>properties of the regional council will be converted to cash or evaluated as to worth and divided<br>among participating units of general local government in proportion to the amount of their<br>financial participation.Page No. 4Document Outlinechapter 54-40.1 regional planning councils]]>