DWR; appealable agency actions; exemption

57th Legislature - Second Regular Session Introduced by Gail Griffin

The bill transfers authority over three-mile extraterritorial planning and subdivision from cities to counties, altering land-use regulation outside city limits.

Prefiled.

Main purpose

HB 2025 would eliminate a city’s statutory authority to adopt planning and subdivision regulations for land located outside the city limits but within three miles of the city boundary (the traditional “three-mile extraterritorial” area). The bill transfers regulatory authority over those areas to county planning commissions.

Key provisions

Amends K.S.A. 12-749 to remove the provision allowing a city planning commission to apply subdivision regulations to land outside the city but within three miles of city limits (subject to existing county and inter-city distance limits).

Repeals K.S.A. 12-715b, 12-715c and 12-715d (statutes referenced in the bill as being repealed).

Leaves county planning commissions’ existing authority to establish subdivision regulations for unincorporated county areas intact; counties would regulate the former three-mile extraterritorial area.

Procedural elements in current subdivision statute (hearings, notice, adoption by ordinance/resolution, surety mechanisms for required improvements) would remain as set out in K.S.A. 12-749 except as altered by the amendment.

Who would be affected

Cities: Would lose statutory control over subdivision and certain planning/zoning rules for land in the three-mile extraterritorial area adjacent to city limits.

Counties: Would gain or consolidate regulatory authority over those same areas; counties would be responsible for subdivision approvals, plat requirements, and related land-use regulation in the former extraterritorial zone.

Landowners and developers: Permitting, platting and subdivision review jurisdiction would shift from city to county, potentially changing applicable standards, timing, fees and required public processes.

Residents and service providers: Possible impacts on infrastructure planning, provision of services, growth-management coordination and annexation processes.

Fiscal and administrative impacts

Fiscal Note (Kansas Division of the Budget, Jan. 24, 2025): Both the League of Kansas Municipalities and the Kansas Association of Counties indicate the bill would have fiscal effects on local governments, but neither provided sufficient information to estimate amounts. The Division of the Budget did not produce a numeric fiscal estimate.

Potential local impacts include costs for counties to assume expanded planning workload, possible changes in permit/fee revenue streams, and administrative or legal costs for cities and counties to revise processes, agreements and ordinances.

Procedural/timeline information

Introduced: January 22, 2025.

Fiscal Note dated: January 24, 2025.

Hearing scheduled: Wednesday, January 29, 2025, 9:00 AM, Room 281-N (House Committee on Local Government).

Effect provision (as introduced): the act would take effect upon publication in the statute book (i.e., standard immediate-post-publication effective date unless amended).

Practical considerations

The shift would likely require intergovernmental coordination (interlocal agreements, mapping of jurisdictional responsibilities, reassigning staff and resources).

Changes in regulatory standards between cities and counties could create transitional uncertainty for ongoing development projects; stakeholders should review local county regulations and timelines.

Because the fiscal impacts are unquantified, local governments may seek clearer projections before implementation.

Bill