Read the full stored bill text
House
File
2618
-
Introduced
HOUSE
FILE
2618
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
2148)
A
BILL
FOR
An
Act
eliminating
the
Iowa
smart
planning
principles
and
other
1
local
comprehensive
planning
and
development
guidelines.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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6030HV
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2618
Section
1.
Section
16.194A,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
A
city
or
county
in
this
state
that
applies
the
3
smart
planning
principles
and
guidelines
pursuant
to
4
sections
18B.1
and
18B.2
may
submit
an
application
to
the
5
authority
for
financial
assistance
for
a
local
infrastructure
6
competitive
grant
for
an
eligible
project
under
the
program,
7
notwithstanding
any
limitation
on
the
state’s
percentage
in
8
funding
as
contained
in
section
29C.6,
subsection
17
.
9
Sec.
2.
Section
28I.4,
subsection
1,
Code
2026,
is
amended
10
to
read
as
follows:
11
1.
The
commission
shall
have
the
power
and
duty
to
make
12
comprehensive
studies
and
plans
for
the
development
of
the
13
area
it
serves
which
will
guide
the
unified
development
of
14
the
area
and
which
will
eliminate
planning
duplication
and
15
promote
economy
and
efficiency
in
the
coordinated
development
16
of
the
area
and
the
general
welfare,
convenience,
safety,
and
17
prosperity
of
its
people.
The
plan
or
plans
collectively
18
shall
be
known
as
the
regional
or
metropolitan
development
19
plan.
The
plans
for
the
development
of
the
area
may
include
20
but
shall
not
be
limited
to
recommendations
with
respect
to
21
existing
and
proposed
highways,
bridges,
airports,
streets,
22
parks
and
recreational
areas,
schools
and
public
institutions
23
and
public
utilities,
public
open
spaces,
and
sites
for
public
24
buildings
and
structures;
districts
for
residence,
business,
25
industry,
recreation,
agriculture,
and
forestry;
water
supply,
26
sanitation,
drainage,
protection
against
floods
and
other
27
disasters;
areas
for
housing
developments,
slum
clearance
28
and
urban
renewal
and
redevelopment;
location
of
private
29
and
public
utilities,
including
but
not
limited
to
sewerage
30
and
water
supply
systems;
and
such
other
recommendations
31
concerning
current
and
impending
problems
as
may
affect
the
32
area
served
by
the
commission.
Time
and
priority
schedules
and
33
cost
estimates
for
the
accomplishment
of
the
recommendations
34
may
also
be
included
in
the
plans.
The
plans
shall
be
made
35
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with
consideration
of
the
smart
planning
principles
under
1
section
18B.1
.
The
plans
shall
be
based
upon
and
include
2
appropriate
studies
of
the
location
and
extent
of
present
3
and
anticipated
populations;
social,
physical,
and
economic
4
resources,
problems
and
trends;
and
governmental
conditions
and
5
trends.
The
commission
is
also
authorized
to
make
surveys,
6
land-use
studies,
and
urban
renewal
plans,
provide
technical
7
services
and
other
planning
work
for
the
area
it
serves
and
8
for
cities,
counties,
and
other
political
subdivisions
in
the
9
area.
A
plan
or
plans
of
the
commission
may
be
adopted,
added
10
to,
and
changed
from
time
to
time
by
a
majority
vote
of
the
11
planning
commission.
The
plan
or
plans
may
in
whole
or
in
part
12
be
adopted
by
the
governing
bodies
of
the
cooperating
cities
13
and
counties
as
the
general
plans
of
such
cities
and
counties.
14
The
commission
may
also
assist
the
governing
bodies
and
other
15
public
authorities
or
agencies
within
the
area
it
serves
16
in
carrying
out
any
regional
plan
or
plans,
and
assist
any
17
planning
commission,
board
or
agency
of
the
cities
and
counties
18
and
political
subdivisions
in
the
preparation
or
effectuation
19
of
local
plans
and
planning
consistent
with
the
program
of
the
20
commission.
The
commission
may
cooperate
and
confer,
as
far
as
21
possible,
with
planning
agencies
of
other
states
or
of
regional
22
groups
of
states
adjoining
its
area.
23
Sec.
3.
Section
329.3,
Code
2026,
is
amended
to
read
as
24
follows:
25
329.3
Zoning
regulations
——
powers
granted.
26
Every
municipality
having
an
airport
hazard
area
within
27
its
territorial
limits
may
adopt,
administer,
and
enforce
28
in
the
manner
and
upon
the
conditions
prescribed
by
this
29
chapter
,
zoning
regulations
for
such
airport
hazard
area,
30
which
regulations
may
divide
such
area
into
zones
and,
within
31
such
zones,
specify
the
land
uses
permitted,
and
regulate
32
and
restrict,
for
the
purpose
of
preventing
airport
hazards,
33
the
height
to
which
structures
and
trees
may
be
erected
or
34
permitted
to
grow.
Regulations
adopted
under
this
chapter
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shall
be
made
with
consideration
of
the
smart
planning
1
principles
under
section
18B.1
.
2
Sec.
4.
Section
335.5,
subsection
3,
Code
2026,
is
amended
3
by
striking
the
subsection.
4
Sec.
5.
Section
414.3,
subsection
3,
Code
2026,
is
amended
5
by
striking
the
subsection.
6
Sec.
6.
REPEAL.
Chapter
18B,
Code
2026,
is
repealed.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
Current
Code
section
18B.1
enumerates
the
Iowa
smart
11
planning
principles.
The
Iowa
smart
planning
principles
are
10
12
principles
that
state
agencies,
local
governments,
and
other
13
public
entities
are
required
to
consider
and
may
apply
during
14
deliberation
of
all
appropriate
planning,
zoning,
development,
15
and
resource
management
decisions.
Code
section
18B.2
requires
16
a
city
or
county,
when
developing
or
amending
a
comprehensive
17
plan
under
Code
chapter
335
or
414
or
when
developing
or
18
amending
other
local
land
development
regulations,
to
consider
19
the
smart
planning
principles
under
Code
section
18B.1
and
20
authorizes
such
city
or
county
to
include
specified
additional
21
types
of
objective
or
program
information
concerning
the
action
22
being
taken
by
the
city
or
county.
This
bill
repeals
Code
23
sections
18B.1
and
18B.2
and
makes
corresponding
changes
to
24
other
provisions
of
the
Code.
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