“Land Zoning Consideration Reports” Required for Land

Zoning Legislation.

(a)Any bill that seeks to designate a particular zoning for any real property shall not be placed on a legislative session agenda until a “Land Zoning Consideration Report” has been issued by the Department of Land Management. COL1312018 CH. 2 STATUTES

(b)The non-submission of a “Land Zoning Consideration Report” to the appropriate Legislative Standing Committee shall not preclude the Standing Committee from publicly hearing any bill, as provided in Subsection (c), infra.

(1)Preparation of “Land Zoning Consideration Report.” A “Land Zoning Consideration Report” shall be prepared by the Director of the Department of Land Management, the Department’s Land Planning Division and, if the proposed zoning of property in question is greater than an R-2 designation zone, the head of the Department’s Application Review Committee. The Report shall be prepared in consultation with other permitting governmental departments and agencies, and the property owner, as deemed necessary by the Department.

(2)Contents of “Land Zoning Consideration Report.” A “Land Zoning Consideration Report” prepared in accordance with this Section shall include:

(A)the recommendation of the Land Planning Division; (B if applicable, the recommendation of the Application Review Committee;

(C)a map of the subject property;

(D)a contact listing for the surrounding property owners, for the purposes of notifying surrounding property owners of any public hearings or other public discussions to be held in regards to the zoning designation request;

(E)evidence of any consultation made, at the discretion of the Department, with other permitting governmental departments and agencies, and the property owner, in consideration and review of the requested zoning designation; and the outcome of any such consultation; and

(F)input from the Municipal Planning Council of each municipal district to be affected by a proposed zone change.

(3)Timely Response for Submission of “Land Zoning Consideration Report” or Waiver Granted. The Department of Land Management shall provide to the requesting Standing Committee, the “Land Zoning Consideration Report” no later than forty-five

(45)calendar days from receipt of the request for the report. COL1312018 CH. 2 STATUTES

(4)Other governmental departments and agencies or property owners consulted by the Department shall provide their response to any inquiries made by the Department with regard to the preparation of a “Land Zoning Consideration Report” no later than thirty

(30)calendar days from the date of receipt of such inquiry.

(5)Should the Department need an extension for preparing the report, the Department shall notify, in writing with justification, the Chairperson of the requesting Standing Committee, who shall grant the Department an extension for up to fifteen

(15)calendar days. Such notice must be received by the Chairperson of the requesting Standing Committee prior to the last day of the original forty-five

(45)day timeframe granted.

(6)Should the Department fail to meet the deadlines imposed in this Section, the requirements stipulated in this Section for the “Land Zoning Consideration Report” shall be waived. This waiver does not prohibit the Department from issuing a report at any time past their deadline.

(d)Inclusion in Committee Report Required. The “Land Zoning Consideration Report” shall be made a part of the Committee Report of the Standing Committee reporting the bill out of Committee for consideration by I Liheslatura (the Legislature); and shall accompany the bill throughout its course of discussion, from public consideration, to Floor debate, and through passage, if applicable.

(e)Revision of “Land Zoning Consideration Report”. In the event that a zoning bill is amended or substituted while in Committee for which a “Land Zoning Consideration Report” had been previously obtained, and for which the change will have an additional impact from that reported on the previously obtained report, the Standing Committee with jurisdiction over the zoning bill shall obtain a “Revised Land Zoning Consideration Report” following the same process outlined in this Section, except that the Department of Land Management shall submit the “Revised Land Zoning Consideration Report” no later than thirty

(30)calendar days from the date of receipt of the request for the revised report.