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IN HB1531
Bill
Status
1/17/2019
Primary Sponsor
Jeff Ellington
Click for details
AI Summary
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Counties, cities, towns, and townships are prohibited from regulating the sale or removal of merchantable timber on private property, though local governments may still enforce road use ordinances and charge fees or require bonds for road access, capped at amounts charged for new commercial construction.
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Municipal plan commissions cannot regulate timber sales/removal or mineral extraction on private property in unincorporated areas within two miles of municipal boundaries, even if those areas are included in the municipality's comprehensive development plan.
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Counties and municipalities are prohibited from regulating mineral resource extraction on private property located outside municipal corporate boundaries, though municipalities retain authority to regulate extraction within their boundaries.
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The definition of "urban area" for zoning purposes is changed from 8 residences to 20 residences within a quarter mile square, expanding the areas where plan commissions cannot restrict use of mineral resources or forests.
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The bill takes effect immediately upon passage and is declared an emergency measure.
Legislative Description
Local regulation of natural resource development. Provides that a municipal plan commission's inclusion in a comprehensive development plan of an unincorporated area within two miles of the corporate boundaries of the municipality does not authorize the municipal plan commission or a board of zoning appeals to regulate: (1) the sale or removal of merchantable timber; or (2) the extraction of mineral resources; on private property located in the unincorporated area. Provides, for purposes of a local planning and zoning law stating that a plan commission is not authorized to prevent the use and alienation of mineral resources or forests outside of urban areas, that an area in which there are at least 20 residences within a quarter mile square (instead of eight residences within a quarter mile square) is an "urban area." Prohibits a county, city, town, or township from regulating the sale or removal of merchantable timber on private property. Provides that a county, city, town, or township may charge a fee to a person who removes merchantable timber from private property, but provides that the fee may not exceed the fee that the unit charges in connection with a road cut or other access to a highway for purposes of new commercial construction. Provides that a county, city, town, or township may require a person who removes merchantable timber from private property to post a bond, but provides that the amount of the bond may not exceed the amount of the bond that the unit requires in connection with a road cut or other access to a highway for purposes of new commercial construction. Prohibits a county or municipality from regulating the extraction of mineral resources on private property located outside the corporate boundaries of a municipality.
Last Action
First reading: referred to Committee on Local Government
1/17/2019