Bill
HB 2363
The bill adds mandatory local planning review and final approval for conservation easements to ensure consistency with plans, potentially slowing transactions.
Status: Referred to Committee on Local Government (Introduced February 3, 2025)
Purpose
- Require local land‑use review and express approval by the county board of commissioners or city governing body before a conservation easement may be created, to minimize conflicts between conservation easements and local land‑use plans.
Key provisions
- Amends K.S.A. 58-3811 and repeals the existing section; adds a new approval process for proposed conservation easements.
- Referral to planning commission:
- If the property is outside a city’s planning jurisdiction, the county board must refer the proposed easement to the county planning commission for review.
- If the property is wholly or partly within a city’s boundaries or zoning jurisdiction, the city governing body must refer the proposed easement to the city planning commission.
- Planning commission review timeline:
- The planning commission must hold a public hearing and act within 60 days of receipt to consider whether the proposed easement conforms to the comprehensive plan.
- If the planning commission fails to act within 60 days, the easement is deemed approved by the planning commission and forwarded to the governing body for final consideration.
- Final decision by local governing body:
- The county board or city governing body must approve or deny the conservation easement.
- A governing body may deny the easement if it finds the easement is not in the public interest because it is inconsistent with any of the following:
1. The comprehensive plan in force at the time of conveyance;
2. Any national, state, regional, or local conservation or preservation program; or
3. Any known proposal by a governmental body of the city or county for use of the land.
- General statutory context preserved: other existing requirements for creation, acceptance and recording of conservation easements remain (e.g., easement generally arises only upon holder’s acceptance and recordation).
Who is affected
- Landowners proposing to grant conservation easements.
- Holders of easements (conservation organizations, eligible public entities).
- County and city planning commissions (responsible for review, hearings).
- County boards of commissioners and city governing bodies (final approval authority).
- Conservation funders/donors and state/local governments involved in conservation transactions.
Procedural/timeline implications
- Planning commissions must hold a public hearing and act within 60 days, or the proposal is deemed approved at that stage.
- The bill adds a mandatory local review step and final local approval, which may extend the time required to complete easement transactions.
- Effective date (per introduced Kansas version): the act takes effect upon publication in the statute book.
Fiscal impact (from Kansas Division of the Budget fiscal note)
- League of Kansas Municipalities: no fiscal effect on cities.
- Kansas Association of Counties: enactment could increase time and effort for counties; any fiscal effect depends on how many easements require review and approval — administrative burden may increase but no specific dollar estimate provided.
Potential practical effects
- Intended to reduce conflicts between conservation easements and local land‑use planning by integrating planning review and local approval.
- Could slow or complicate easement transactions, potentially affecting landowners, conservation organizations, and projects timed to funding deadlines.
- Adds a clear local check that could prevent easements that would conflict with comprehensive plans or planned public use.
Note
- This summary is based on the Kansas “Introduced” version of HB 2363 and the related fiscal note. Other documents labeled HB 2363 from different states or on unrelated topics are not part of the Kansas bill summarized here.
Compiled from official sources — confirm details with the bill’s official record.
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