Kansas 2025-2026 Regular Session

Kansas Senate Bill SB37 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 37
3	3	By Committee on Federal and State Affairs
4	4	1-16
5	5	AN ACT concerning cities; relating to planning and zoning; eliminating
6	6	the authority of a city to adopt planning and zoning regulations for land
7	7	located outside of such city; amending K.S.A. 12-749 and repealing the
8	8	existing section; also repealing K.S.A. 12-715b, 12-715c and 12-715d.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. K.S.A. 12-749 is hereby amended to read as follows: 12-
11	11	749. (a) Following adoption of a comprehensive plan, a city planning
12	12	commission may adopt and amend regulations governing the subdivision
13	13	of land. A city planning commission shall apply subdivision regulations to
14	14	all land located within the city and may apply such regulations to land
15	15	outside of but within three miles of the nearest point of the city limits
16	16	provided such land is within the same county in which the city is located
17	17	and does not extend more than
18	18	1
19	19	/2 the distance between such city and
20	20	another city which has adopted regulations under this section. A county
21	21	planning commission may establish subdivision regulations for all or for
22	22	parts of the unincorporated areas of the county.
23	23	(b) Subdivision regulations may include, but not be limited to,
24	24	provisions for:
25	25	(1) Efficient and orderly location of streets;
26	26	(2) reduction of vehicular congestion;
27	27	(3) reservation or dedication of land for open spaces;
28	28	(4) off-site and on-site public improvements;
29	29	(5) recreational facilities which that may include, but are not limited
30	30	to, the dedication of land area for park purposes;
31	31	(6) flood protection;
32	32	(7) building lines;
33	33	(8) compatibility of design;
34	34	(9) stormwater runoff, including consideration of historic and
35	35	anticipated 100-year rain and snowfall precipitation records and patterns;
36	36	and
37	37	(10) any other services, facilities and improvements deemed
38	38	appropriate.
39	39	(c) Subdivision regulations may provide for administrative changes to
40	40	land elevations designated on a plat. Such regulations may provide for plat
41	41	approval conditional upon conformance with the comprehensive plan.
42	42	1
43	43	2
44	44	3
45	45	4
46	46	5
47	47	6
48	48	7
49	49	8
50	50	9
51	51	10
52	52	11
53	53	12
54	54	13
55	55	14
56	56	15
57	57	16
58	58	17
59	59	18
60	60	19
61	61	20
62	62	21
63	63	22
64	64	23
65	65	24
66	66	25
67	67	26
68	68	27
69	69	28
70	70	29
71	71	30
72	72	31
73	73	32
74	74	33
75	75	34
76	76	35
77	77	36 SB 37 2
78	78	Such regulations may provide for the payment of a fee in lieu of dedication
79	79	of land. Such regulations may provide that in lieu of the completion of any
80	80	work or improvements prior to the final approval of the plat, the governing
81	81	body may accept a corporate surety bond, cashier's check, escrow account,
82	82	letter of credit or other like security in an amount to be fixed by the
83	83	governing body and conditioned upon the actual completion of such work
84	84	or improvements within a specified period, in accordance with such
85	85	regulations, and the governing body may enforce such bond by all
86	86	equitable remedies.
87	87	(d) Before adopting or amending any subdivision regulations, the
88	88	planning commission shall call and hold a hearing on such regulations or
89	89	amendments thereto. Notice of such hearing shall be published at least
90	90	once in the official city newspaper in the case of a city or in the official
91	91	county newspaper in the case of a county. Such notice shall be published at
92	92	least 20 days prior to the hearing. Such notice shall fix the time and place
93	93	for such hearing and shall describe such proposal in general terms. In the
94	94	case of a joint committee on subdivision regulations, such notice shall be
95	95	published in the official city and official county newspapers. The hearing
96	96	may be adjourned from time to time and at the conclusion of the same, the
97	97	planning commission shall prepare its recommendations and by an
98	98	affirmative vote of a majority of the entire membership of the commission
99	99	adopt the same in the form of proposed subdivision regulations and shall
100	100	submit the same, together with the written summary of the hearing
101	101	thereon, to the governing body. The governing body either may: (1)
102	102	Approve such recommendations by ordinance in a city or resolution in a
103	103	county; (2) override the planning commission's recommendations by a
104	104	2
105	105	/3
106	106	majority vote; or (3) may return the same to the planning commission for
107	107	further consideration, together with a statement specifying the basis for the
108	108	governing body's failure to approve or disapprove. If the governing body
109	109	returns the planning commission's recommendations, the planning
110	110	commission, after considering the same, may resubmit its original
111	111	recommendations giving the reasons therefor or submit new and amended
112	112	recommendations. Upon the receipt of such recommendations, the
113	113	governing body, by a simple majority thereof, may adopt or may revise or
114	114	amend and adopt such recommendations by the respective ordinance or
115	115	resolution, or it need take no further action thereon. If the planning
116	116	commission fails to deliver its recommendations to the governing body
117	117	following the planning commission's next regular meeting after receipt of
118	118	the governing body's report, the governing body shall consider such course
119	119	of inaction on the part of the planning commission as a resubmission of the
120	120	original recommendations and proceed accordingly. The proposed
121	121	subdivision regulations and any amendments thereto shall become
122	122	effective upon publication of the respective adopting ordinance or
123	123	1
124	124	2
125	125	3
126	126	4
127	127	5
128	128	6
129	129	7
130	130	8
131	131	9
132	132	10
133	133	11
134	134	12
135	135	13
136	136	14
137	137	15
138	138	16
139	139	17
140	140	18
141	141	19
142	142	20
143	143	21
144	144	22
145	145	23
146	146	24
147	147	25
148	148	26
149	149	27
150	150	28
151	151	29
152	152	30
153	153	31
154	154	32
155	155	33
156	156	34
157	157	35
158	158	36
159	159	37
160	160	38
161	161	39
162	162	40
163	163	41
164	164	42
165	165	43 SB 37 3
166	166	resolution.
167	167	Sec. 2. K.S.A. 12-715b, 12-715c, 12-715d and 12-749 are hereby
168	168	repealed.
169	169	Sec. 3. This act shall take effect and be in force from and after its
170	170	publication in the statute book.
171	171	1
172	172	2
173	173	3
174	174	4
175	175	5