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An Act
ENROLLED SENATE
BILL NO. 563 By: Haste of the Senate
and
Staires of the House
An Act relating to the county planning commission;
amending 19 O.S. 2021, Section 868.2, which relates
to the personnel of the county planning commission;
establishing that the chair of the board of county
commissioners or their designee shall be a member of
the county planning commission; providing process for
appointing remaining members; establishing terms of
two years; amending 19 O.S. 2021, Section 868.3,
which relates to personnel and procedure of the
county board of adjustment; requiring the county
board of adjustment to be composed of three, five, or
seven appointed resident property owners of the
county; providing process for the appointment of
members; establishing terms of members; permitting
the board of county commissioners to retain private
legal counsel to represent and advise the county
board of adjustment; clarifying certain actions
adopted or enacted pursuant to certain provisions
shall remain in full force until amended, revised, or
replaced; providing for codification; and declaring
an emergency.
SUBJECT: Boards of county commissioners
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 868.2, is
amended to read as follows:
Section 868.2. The county planning commission shall be composed
of seven (7) members to be appointed by the board of county
ENR. S. B. NO. 563 Page 2
commissioners. One member shall be a member the chair of the board
of county commissioners or their designee and the remaining six
members shall be residents of the unincorporated areas of the county
appointed by the board of county commissioners, with each county
commissioner nominating two members. Each such nominee shall reside
within the district represented by the county commissioner making
the nomination. The term of the chair of the county commissioner
member or their designee shall be coextensive with his their term of
official office in that position, and all other members shall be
appointed for terms of six (6) two (2) years, except that such terms
shall be made overlapping and the respective terms of those first
appointed may be less than six (6) two (2) years. All members shall
serve as such without compensation. Members may be removed by the
board of county commissioners for cause after a public hearing held
for that purpose and vacancies shall be filled by additional
appointments.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 868.3, is
amended to read as follows:
Section 868.3. A. The county board of adjustment shall be
composed of three (3), five (5), or seven (7) resident property
owners of the county to be appointed by the board of county
commissioners. At least one member shall be a resident of the
county seat of such county and at least one member shall be duly
licensed as an attorney in the State of Oklahoma. Members shall be
nominated by the county commissioners in as nearly equal number as
practicable, and when the total number of authorized positions
cannot be divided equally among the three county commissioners, the
remaining nomination or nominations shall be allocated by the board
of county commissioners.
B. The term of each member shall be three (3) two (2) years
except that the terms shall be overlapping and the membership of the
board first appointed shall be for terms of one (1), two (2) and
three (3) years, respectively respective terms of those first
appointed may be less than two (2) years. The board of county
commissioners is hereby authorized to fill vacancies which may occur
in the board and to appoint a substitute or substitutes to serve in
a particular case in which a member or members shall certify his
their disqualification. Members may be removed by the board of
county commissioners for cause after a public hearing held for that
ENR. S. B. NO. 563 Page 3
purpose, and vacancies shall be filled by additional appointments.
All members of the county board of adjustment shall serve as such
without compensation.
C. The board of county commissioners may retain private legal
counsel to represent and advise the county board of adjustment in
the performance of its official duties.
D. The county board of adjustment shall elect its own chairman
and shall adopt rules of procedure consistent with the provisions of
the zoning regulations and the provisions of this act. The
chairman, or in his absence the acting chairman, may administer
oaths and compel the attendance of witnesses. All hearings of the
county board of adjustment shall be open to the public, and minutes
shall be kept of all proceedings and official actions, which minutes
shall be filed in the office of the board and shall be a public
record. The board of adjustment shall fix a reasonable time for the
hearing of any appeal and every appeal shall be heard within sixty
(60) days from the date of filing.
E. Notice of hearings before the county board of adjustment
shall be given by at least one (1) publication in a newspaper of
general circulation in the county and by mail to the record owners
of lands contiguous to the affected area at least fifteen (15) days
prior to the date of such hearing.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 868.23 of Title 19, unless there
is created a duplication in numbering, reads as follows:
On and after the date a county becomes subject to Sections 868.1
et seq. of Title 19 of the Oklahoma Statutes, all comprehensive
plans, master plans, zoning regulations, floodplain regulations,
subdivision regulations, resolutions, ordinances, codes, and all
amendments, supplements, and modifications thereto, previously
adopted or enacted pursuant to any other provision of Section 863.1
through Section 869.7 of Title 19 of the Oklahoma Statutes, and all
actions taken thereunder, are hereby validated, ratified, and
continued in full force and effect as if adopted under the authority
of Sections 868.1 et seq. of Title 19 of the Oklahoma Statutes,
until amended, revised, or replaced by appropriate official action
taken in accordance with such sections.
ENR. S. B. NO. 563 Page 4
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the Senate the 14th day of May, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 4th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________