SB236 Summary

• County commissions gain primary responsibility for regulating subdivisions in the extraterritorial jurisdiction of municipal planning commissions if the county has adopted subdivision regulations.

• County, municipal planning commission, and municipality may execute written agreements allowing the municipal planning commission to regulate subdivision development instead, requiring approval by resolution from all three entities.

• Municipality and planning commission can override county jurisdiction by adopting separate resolutions, but must employ a licensed professional engineer to inspect and certify compliance, and county retains authority over performance bonds and road/drainage maintenance.

• When municipal planning commission approves subdivisions, the county engineer must certify plats within 30 days before recording, and roads must meet county standards before county acceptance for maintenance.

• Municipalities cannot exercise eminent domain, levy taxes or fees, or regulate subdivisions outside corporate limits; provisions do not alter road maintenance responsibilities under existing law.