HB74 Summary

• County commissions with adopted subdivision regulations shall regulate subdivision development in municipal planning commission extraterritorial jurisdictions, unless a written agreement between the county, municipality, and planning commission provides otherwise.

• Municipalities and planning commissions may override county enforcement by adopting separate resolutions and employing a licensed professional engineer to inspect and certify compliance with subdivision regulations.

• When a municipal planning commission accepts responsibility for subdivision development, the county engineer must certify approved plats for recording within 30 days, and the county retains authority over performance bonds and road acceptance standards.

• If a county has not adopted subdivision regulations, the municipal planning commission shall have sole jurisdiction over subdivision regulation and enforcement in its territorial jurisdiction.

• The act becomes effective October 1, 2012, and does not affect pending subdivision applications or require municipalities to assume responsibility for roads and infrastructure outside corporate limits.