Relating to land conservation and development.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section 1. As used in sections 1 to 35 of this act, the following terms mean:

     (1) "Activity of statewide significance", a land conservation and development activity designated pursuant to section 16 of this act;

     (2) "Commission", the land conservation and development commission;

     (3) "Committee", the joint legislative committee on land use;

     (4) "Comprehensive plan", a generalized, coordinated land use map and policy statement of the governing body of a state agency, city, county or special district that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to, sewer and water systems, transportation systems, educational systems, recreational facilities and natural resources and air and water quality management programs. "Comprehensive" means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. "General nature" means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is coordinated when the needs of all levels of governments, semipublic and private agencies and the citizens of Missouri have been considered and accommodated as much as possible. Land includes water, both surface and subsurface, and the air;

     (5) "Department", the department of natural resources;

     (6) "Director", the director of the department of natural resources;

     (7) "Special district", any unit of local government, other than a city or county authorized and regulated by statute and includes, but is not limited to: water control districts, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts;

     (8) "Voluntary association of local governments", a regional planning agency in this state officially designated by the governor pursuant to the federal Office of Management and Budget Circular A-95 as a regional clearinghouse.

     Section 2. 1. There is hereby established a "Land Conservation and Development Commission" in the department of natural resources consisting of nine members appointed by the governor with the advice and consent of the senate.

     2. In making appointments pursuant to subsection 1 of this section, the governor shall select from residents of this state one member from each congressional district.

     3. The term of office of each member of the commission shall be four years, except that a member may be removed by the governor for cause. Before the expiration of the term of a member, the governor shall appoint a successor. No person shall serve more than two full terms as a member of the commission.

     4. If there is a vacancy on the commission, the governor shall make an appointment to become effective immediately for the unexpired term.

     Section 3. Notwithstanding the provisions of section 2 of this act, of the members first appointed to the commission:

     (1) Three shall be appointed for terms of two years;

     (2) Three shall be appointed for terms of three years; and

     (3) Three shall be appointed for terms of four years.

     Section 4. 1. The commission shall select one of its members as chairman and another member as vice chairman, for such terms and with duties and powers necessary for the performance of the functions of such duties as the commission determines. The vice chairman of the commission shall act as the chairman of the commission in the absence of the chairman.

     2. A majority of the members of the commission constitutes a quorum for the transaction of business.

     3. Members of the commission shall not receive compensation for serving as members of the commission but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the commission.

     Section 5. The commission shall:

     (1) Direct the performance of the director and the director's staff regarding their functions required pursuant to the provisions of sections 1 to 35 of this act;

     (2) In accordance with chapter 536, RSMo, promulgate rules that it considers necessary in carrying out the provisions of sections 1 to 35 of this act;

     (3) Cooperate with the appropriate agencies of the United States, this state and its political subdivisions, any other state, any interstate agency, any person or group of persons with respect to land conservation and development;

     (4) Appoint advisory committees to aid in carrying out the provisions of sections 1 to 35 of this act and provide technical and other assistance, as it considers necessary, to each such committee.

     Section 6. The commission may:

     (1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments;

     (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other which are necessary in carrying out the provisions of sections 1 to 35 of this act;

     (3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties provided in sections 1 to 35 of this act.

     Section 7. Pursuant to the provisions of sections 1 to 35 of this act, the commission shall:

     (1) Establish statewide planning goals consistent with regional, county and city concerns;

     (2) Issue permits for activities of statewide significance;

     (3) Prepare inventories of land uses;

     (4) Prepare statewide planning guidelines;

     (5) Review comprehensive plans for conformance with statewide planning goals;

     (6) Coordinate planning efforts of state agencies to assure conformance with statewide planning goals and compatibility with city and county comprehensive plans;

     (7) Ensure widespread citizen involvement and input in all phases of the process;

     (8) Prepare model zoning, subdivision and other ordinances and regulations to guide state agencies, cities, counties and special districts in implementing statewide planning goals, particularly those for the areas listed in subdivision (2) of section 25 of this act;

     (9) Review and recommend to the general assembly the designation of areas of critical state concern;

     (10) Report periodically to the general assembly and to the committee; and

     (11) Perform other duties required by law.

     Section 8. If an interstate land conservation development planning agency is created by an interstate agreement or compact entered into by this state, the commission shall perform the functions of this state with respect to the agreement or compact. If the functions of the interstate planning agency duplicate any of the functions of the commission pursuant to sections 1 to 35 of this act, the commission may:

     (1) Negotiate with the interstate agency in defining the areas of responsibility of the commission and the interstate planning agency; and

     (2) Cooperate with the interstate planning agency in the performance of its functions.

     Section 9. Cities and counties shall exercise their planning and zoning responsibilities in accordance with the provisions of sections 1 to 35 of this act and the statewide planning goals and guidelines approved pursuant to sections 1 to 35 of this act.

     Section 10. Pursuant to the provisions of sections 1 to 35 of this act, each city and county in this state shall:

     (1) Prepare and adopt comprehensive plans consistent with statewide planning goals and guidelines approved by the commission; and

     (2) Enact zoning, subdivision and other ordinances or regulations to implement their comprehensive plans.

     Section 11. 1. In addition to the responsibilities stated in section 8 and 9 of this act, each county through its governing body, shall be responsible for coordinating all planning activities affecting land uses within the county, including those of the county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of the county. For purposes of this subsection, the responsibility of the county described in this subsection shall not apply to cities having a population of three hundred thousand or more, and such cities shall exercise, within the incorporated limits thereof, the authority vested in the counties by this subsection.

     2. Whenever counties and cities representing fifty-one percent of the population in their area petition the commission for an election in their area to form a regional planning agency to exercise the authority of the counties provided in subsection 1 of this section in the area, the commission shall review the petition. If it finds that the area described in the petition forms a reasonable planning unit, it shall call an election in the area to form a regional planning agency. The election shall be conducted in the manner provided in chapter 115, RSMo. The county clerk shall be considered the election officer and the commission shall be considered the district election authority. The agency shall be considered established if the majority of votes favor the establishment.

     3. If a voluntary association of local governments adopts a resolution ratified by each participating county and a majority of the participating cities therein which authorizes the association to perform the review, advisory and coordination functions assigned to the counties pursuant to subsection 1 of this section, the association may perform such duties.

     Section 12. Special districts shall exercise their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use in accordance with statewide planning goals and guidelines approved pursuant to sections 1 to 35 of this act.

     Section 13. State agencies shall carry out their planning duties, powers and responsibilities and take actions that are authorized by law with respect to programs affecting land use in accordance with statewide planning goals and guidelines approved pursuant to sections 1 to 35 of this act.

     Section 14. 1. The "Joint Legislative Committee on Land Use" is established as a joint committee of the general assembly. The committee shall select an executive secretary who shall serve at the pleasure of the committee and under the committee's direction.

     2. The joint legislative committee on land use shall consist of five members of the house of representatives appointed by the speaker and five members of the senate appointed by the president pro tem of the senate. No more than three house members of the committee shall be of the same political party. No more than three senate members of the committee shall be of the same political party.

     3. The committee has a continuing existence and may meet, act and conduct its business during sessions of the general assembly or any recess thereof, and in the interim period between sessions.

     4. The term of a member shall expire upon the convening of the general assembly in regular session next following the commencement of the member's term. When a vacancy occurs in the membership of the committee in the interim between sessions, until such vacancy is filled, the membership of the committee shall be deemed not to include the vacant position for the purpose of determining whether a quorum is present and a quorum is the majority of the remaining members.

     5. Members of the committee shall be reimbursed for actual and necessary expenses incurred or paid in the performance of their official duties as members of the committee, such reimbursement to be made from funds appropriated for such purposes.

     Section 15. The committee shall:

     (1) Advise the department on all matters relating to the provisions of sections 1 to 35 of this act;

     (2) Review and make recommendations to the general assembly on proposals for additions to or modifications of designations of activities of statewide significance, and for designations of areas of critical state concern;

     (3) Review and make recommendations to the general assembly on statewide planning goals and guidelines approved by the commission;

     (4) Study and make recommendations to the general assembly on the implementation of a program for compensation by the public to owners of lands within this state for the value of any loss of use of such lands resulting directly from the imposition of any zoning, subdivision or other ordinance or regulation regulating or restricting the use of such lands. Such recommendations shall include, but not be limited to, proposed methods for the valuation of such loss of use and proposed limits, if any, to be imposed upon the amount of compensation to be paid by the public for any such loss of use; and

     (5) Make recommendations to the general assembly on any other matter relating to land use planning in Missouri.

     Section 16. 1. The following activities may be designated by the commission as activities of statewide significance if the commission determines that by their nature or magnitude they should be so considered:

     (1) The planning and siting of public transportation facilities;

     (2) The planning and siting of public sewerage systems, water supply systems and solid waste disposal sites and facilities;

     (3) The planning and siting of public schools.

     2. Nothing in sections 1 to 35 of this act supersedes any duty, power or responsibility vested by statute in any state agency relating to its activities described in subsection 1 of this section; except that, a state agency may neither implement any such activity nor adopt any plan relating to such an activity without the prior review and comment of the commission.

     Section 17. 1. In addition to the activities of statewide significance that are designated by the commission pursuant to section 16 of this act, the commission may recommend to the committee the designation of additional activities of statewide significance. Each such recommendation shall specify the reasons for the proposed designation of the activity of statewide significance, the dangers that would result from such activity being uncontrolled and the suggested statewide planning goals and guidelines to be applied for the proposed activity.

     2. The commission may recommend to the committee the designation of areas of critical state concern. Each such recommendation shall specify the criteria developed and reasons for the proposed designation, the damages that would result from uncontrolled development within the area, the reasons for the implementation of state regulations for the proposed area and the suggested state regulations to be applied within the proposed area.

     3. The commission may act pursuant to subsections 1 and 2 of this section on its own motion or upon the recommendation of a state agency, city, county or special district. If the commission receives a recommendation from a state agency, city, county or special district and finds the proposed activity or area to be unsuitable for designation, it shall notify the state agency, city, county or special district of its decision and its reasons therefor.

     4. Immediately following its decision to favorably recommend to the general assembly the designation of an additional activity of statewide significance or the designation of an area of critical state concern, the commission shall submit the proposed designation accompanied by the supporting materials described in subsections 1 and 2 of this section to the committee for its review.

     Section 18. 1. On and after the date the commission has approved statewide planning goals and guidelines for activities of statewide significance designated in section 16 of this act, no proposed project constituting such an activity may be initiated by any person or public agency without a planning and siting permit issued by the commission therefor.

     2. Any person or public agency desiring to initiate a project constituting an activity of statewide significance shall apply to the department for a planning and siting permit for such project. The application shall contain the plans for the project and the manner in which such project has been designed to meet the goals and guidelines for activities of statewide significance and the comprehensive plans for the county within which the project is proposed and any other information required by the commission as prescribed by rule of the commission.

     3. The department shall transmit copies of the application to affected county and state agencies for their review and recommendation.

     4. The county governing body and the state agencies shall review an application transmitted to it pursuant to subsection 3 of this section and shall within thirty days after the date of the receipt of the application, submit their recommendations on the application to the commission.

     5. If the commission finds after review of the application and the comments submitted by the county governing body and state agencies that the proposed project complies with the statewide goals and guidelines for activities of statewide significance and the comprehensive plans within the county, it shall approve the application and issue a planning and siting permit for the proposed project to the person or public agency applying for the permit. The commission shall take action within thirty days of the receipt of the recommendation of a county or state agency.

     6. The commission may prescribe and include in the planning and siting permit such conditions or restrictions that it considers necessary to assure that the proposed project complies with the statewide goals and guidelines for activities of statewide significance and the comprehensive plans within the county.

     Section 19. If the activity requiring a planning and siting permit pursuant to section 18 of this act also requires any other permit from any state agency, the commission, with the cooperation and concurrence of the other agency, may provide a joint application form and permit to satisfy both the requirements of sections 1 to 35 of this act and any other requirements set by statute or by rule of the state agency.

     Section 20. 1. If any person or public agency is in doubt whether a proposed development project constitutes an activity of statewide significance, the person or public agency may request a determination from the commission on the question. Within sixty days after the date of the receipt by it of such a request, the commission, with the advice of the committee and of the county governing body for the county in which such activity is proposed, shall issue a binding letter of interpretation with respect to the proposed project.

     2. Requests for determination pursuant to this section shall be made to the commission in writing and in such form and contain such information as may be prescribed by the commission.

     Section 21. 1. No project constituting an activity of statewide significance shall be undertaken without a planning and siting permit issued pursuant to section 18 of this act.

     2. Any person or agency acting in violation of subsection 1 of this section may be enjoined in civil proceedings brought in the name of the county or the state of Missouri.

     Section 22. If the county governing body or the commission determines the existence of an alleged violation pursuant to section 21 of this act, it may:

     (1) Investigate, hold hearings, enter orders and take action that it deems appropriate pursuant to sections 1 to 35 of this act, as soon as possible;

     (2) For the purpose of investigating conditions relating to the violation, through its members or its duly authorized representatives, enter at reasonable times upon any private or public property;

     (3) Conduct public hearings;

     (4) Publish its findings and recommendations as they are formulated relative to the violation;

     (5) Give notice of any order relating to a particular violation of its statewide goals, a particular violation of the terms or conditions of a planning and siting permit or a particular violation of the provisions of sections 1 to 35 of this act by mailing notice to the person or public body conducting or proposing to conduct the project affected.

     Section 23. All comprehensive plans and any zoning, subdivision and other ordinances and regulations adopted by a state agency, city, county or special district to carry out such plans shall be in conformity with the statewide planning goals within one year from the date such goals are approved by the commission.

     Section 24. Not later than January 1, 1998, the department shall prepare and the commission shall adopt statewide planning goals and guidelines for use by state agencies, cities, counties and special districts in preparing, adopting, revising and implementing existing and future comprehensive plans.

     Section 25. In preparing and adopting statewide planning goals and guidelines, the department and the commission shall:

     (1) Consider the existing comprehensive plans of state agencies, cities, counties and special districts in order to preserve functional and local aspects of land conservation and development;

     (2) Give priority consideration to the following areas and activities:

     (a) Those activities listed in section 16 of this act;

     (b) Lands adjacent to freeway interchanges;

     (c) Marsh and wetland areas;

     (d) Lakes and lakeshore areas;

     (e) Wilderness, recreational and outstanding scenic areas;

     (f) Wild and scenic rivers and related lands;

     (g) Flood plains and areas of geologic hazard;

     (h) Unique wildlife habitats; and

     (i) Agricultural land.

     Section 26. 1. To assure widespread citizen involvement in all phases of the planning process, the commission shall appoint a state citizen involvement advisory committee, broadly representative of geographic areas of the state and of interests relating to land uses and land use decisions, to develop a program for the commission that promotes and enhances public participation in the development of statewide planning goals and guidelines.

     2. Within ninety days after the effective date of sections 1 to 35 of this act, each county governing body shall submit to the commission a program for citizen involvement in preparing, adopting and revising comprehensive plans within the county. Such program shall at least contain provisions for a citizen advisory committee or committees broadly representative of geographic areas and of interests relating to land uses and land use decisions.

     3. The state advisory committee appointed pursuant to subsection 1 of this section shall review the proposed programs submitted by each county and recommend to the commission whether or not the proposed program adequately provides for public involvement in the planning process.

     Section 27. 1. In preparing the statewide planning goals and guidelines, the department shall hold at least ten public hearings throughout the state, causing notice of the time, place and purpose of each such hearing to be published in a newspaper of general circulation within the area where the hearing is to be conducted not later than thirty days prior to the date of the hearing.

     2. Implement any other provision for public involvement developed by the state advisory committee pursuant to subsection 1 of section 26 of this act and approved by the commission.

     3. Upon completion of the preparation of the proposed statewide planning goals and guidelines, the department shall submit them to the commission for approval.

     Section 28. Upon receipt of the proposed statewide planning goals and guidelines prepared and submitted to it by the department, the commission shall:

     (1) Hold at least one public hearing on the proposed statewide planning goals and guidelines. The commission shall cause notice of the time, place and purpose of the hearing and the place where copies of the proposed goals and guidelines are available before the hearings with the cost thereof to be published in a newspaper of general circulation in the state not later than thirty days prior to the date of the hearing. The department shall supply a copy of its proposed statewide planning goals and guidelines to the governor, the committee, affected state agencies and special districts and to each city and county without charge. The department shall provide copies of such proposed goals and guidelines to other public agencies or persons upon request and payment of the cost of preparing the copies of the materials requested;

     (2) Consider the recommendations and comments received from the public hearings conducted pursuant to subdivision (1) of this section, make any revisions in the proposed statewide planning goals and guidelines that it considers necessary and approve the proposed goals and guidelines as they may be revised by the commission.

     Section 29. The commission may periodically revise, update and expand the initial statewide planning goals and guidelines adopted pursuant to section 28 of this act. Such revisions, updatings or expansions shall be made in the manner provided in sections 25 and 26 of this act.

     Section 30. Following the approval by the commission of statewide planning goals and guidelines, each county governing body shall review all comprehensive plans for land conservation and development within the county, both those adopted and those being prepared. The county governing body shall advise the state agency, city, county or special district preparing the comprehensive plans whether or not the comprehensive plans are in conformity with the statewide planning goals.

     Section 31. Comprehensive plans and zoning, subdivision and other ordinances and regulations adopted prior to the effective date of sections 1 to 35 of this act shall remain in effect until revised pursuant to sections 1 to 35 of this act. It is intended that existing planning efforts and activities shall continue and that such efforts be utilized in achieving the purposes of sections 1 to 35 of this act.

     Section 32. Each city or county shall prepare and the city council or the county governing body shall adopt the comprehensive plans required pursuant to sections 1 to 35 of this act or by any other law for those plans adopted prior to the expiration of one year following the date the commission approves its statewide planning goals and guidelines pursuant to section 26 of this act. Plans adopted by cities and counties after the expiration of one year following the date of approval of such goals and guidelines by the commission shall be designed to comply with such goals and any subsequent amendments thereto.

     Section 33. Upon the expiration of one year after the date of the approval of statewide planning goals and guidelines and annually thereafter, each county governing body shall report to the commission on the status of comprehensive plans within each county. Each such report shall include:

     (1) Copies of comprehensive plans reviewed by the county governing body and copies of zoning and subdivision ordinances and regulations applied to those areas within the county list in subdivision (2) of section 25 of this act;

     (2) For those areas or jurisdictions within the county without comprehensive plans, a statement and review of the progress made toward compliance with the statewide planning goals.

     Section 34. 1. Notwithstanding any other provision of law, after the expiration of one year after the date of the approval of the initial statewide planning goals and guidelines pursuant to section 26 of this act, upon ninety days notice to the affected governing body or bodies, and upon public hearings held within thirty days thereafter, the commission shall prescribe and may amend and administer comprehensive plans and zoning, subdivision or other ordinances and regulations necessary to develop and implement a comprehensive plan within the boundaries of a county, whether or not within the boundaries of a city, that do not comply with the statewide planning goals approved pursuant to sections 1 to 35 of this act and any subsequent revisions or amendments thereto.

     2. If the city or county has under consideration a comprehensive plan or zoning subdivision or other ordinances or regulations for lands described in subsection 1 of this section, and shows satisfactory progress toward the adoption of such comprehensive plan or such ordinances or regulations, the commission may grant a reasonable extension of time after the date set in this section for completion of such plan or such ordinances or regulations.

     3. Any comprehensive plan or zoning, subdivision or other ordinance or regulation adopted by the commission pursuant to subsection 1 of this section shall comply with the statewide planning goals approved pursuant to sections 1 to 35 of this act and subsequent revisions or amendments thereto.

     Section 35. 1. Whenever the commission prescribes a comprehensive plan or zoning, subdivision or other ordinances or regulations for lands described in subsection 1 of section 34 of this act, the costs incurred by the commission and the department in the preparation and administration of such plan or ordinances or regulations shall be borne by the city or county for which the commission has proposed such plan or ordinances or regulations. Upon presentation by the commission to the governing body of the city or county of a certified, itemized statement of costs, the governing body shall order payment to the commission out of any available funds. With respect to a city or county, if no payment is made by the governing body within thirty days thereafter, the commission shall submit to the secretary of state its certified, itemized statement of such costs and the commission shall be reimbursed upon the order of the secretary of state to the state treasurer from the city's or county's share of any local sales tax revenues.

     2. Within ten days of receipt of the certified, itemized statement of costs pursuant to subsection 1 of this section, any city or county aggrieved by the statement may appeal to the court of appeals. The appeal shall be taken as from a contested case pursuant to chapter 536, RSMo. Notice of the appeal shall operate as a stay in the commissioner's right to reimbursement pursuant to subsection 1 of this section until the decision is made on the appeal.