Session of 2025
SENATE BILL No. 37
By Committee on Federal and State Affairs
1-16
AN ACT concerning cities; relating to planning and zoning; eliminating
the authority of a city to adopt planning and zoning regulations for land
located outside of such city; amending K.S.A. 12-749 and repealing the
existing section; also repealing K.S.A. 12-715b, 12-715c and 12-715d.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-749 is hereby amended to read as follows: 12-
749. (a) Following adoption of a comprehensive plan, a city planning
commission may adopt and amend regulations governing the subdivision
of land. A city planning commission shall apply subdivision regulations to
all land located within the city and may apply such regulations to land
outside of but within three miles of the nearest point of the city limits
provided such land is within the same county in which the city is located
and does not extend more than
1
/2 the distance between such city and
another city which has adopted regulations under this section. A county
planning commission may establish subdivision regulations for all or for
parts of the unincorporated areas of the county.
(b) Subdivision regulations may include, but not be limited to,
provisions for:
(1) Efficient and orderly location of streets;
(2) reduction of vehicular congestion;
(3) reservation or dedication of land for open spaces;
(4) off-site and on-site public improvements;
(5) recreational facilities which that may include, but are not limited
to, the dedication of land area for park purposes;
(6) flood protection;
(7) building lines;
(8) compatibility of design;
(9) stormwater runoff, including consideration of historic and
anticipated 100-year rain and snowfall precipitation records and patterns;
and
(10) any other services, facilities and improvements deemed
appropriate.
(c) Subdivision regulations may provide for administrative changes to
land elevations designated on a plat. Such regulations may provide for plat
approval conditional upon conformance with the comprehensive plan.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SB 37 2
Such regulations may provide for the payment of a fee in lieu of dedication
of land. Such regulations may provide that in lieu of the completion of any
work or improvements prior to the final approval of the plat, the governing
body may accept a corporate surety bond, cashier's check, escrow account,
letter of credit or other like security in an amount to be fixed by the
governing body and conditioned upon the actual completion of such work
or improvements within a specified period, in accordance with such
regulations, and the governing body may enforce such bond by all
equitable remedies.
(d) Before adopting or amending any subdivision regulations, the
planning commission shall call and hold a hearing on such regulations or
amendments thereto. Notice of such hearing shall be published at least
once in the official city newspaper in the case of a city or in the official
county newspaper in the case of a county. Such notice shall be published at
least 20 days prior to the hearing. Such notice shall fix the time and place
for such hearing and shall describe such proposal in general terms. In the
case of a joint committee on subdivision regulations, such notice shall be
published in the official city and official county newspapers. The hearing
may be adjourned from time to time and at the conclusion of the same, the
planning commission shall prepare its recommendations and by an
affirmative vote of a majority of the entire membership of the commission
adopt the same in the form of proposed subdivision regulations and shall
submit the same, together with the written summary of the hearing
thereon, to the governing body. The governing body either may: (1)
Approve such recommendations by ordinance in a city or resolution in a
county; (2) override the planning commission's recommendations by a
2
/3
majority vote; or (3) may return the same to the planning commission for
further consideration, together with a statement specifying the basis for the
governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning
commission, after considering the same, may resubmit its original
recommendations giving the reasons therefor or submit new and amended
recommendations. Upon the receipt of such recommendations, the
governing body, by a simple majority thereof, may adopt or may revise or
amend and adopt such recommendations by the respective ordinance or
resolution, or it need take no further action thereon. If the planning
commission fails to deliver its recommendations to the governing body
following the planning commission's next regular meeting after receipt of
the governing body's report, the governing body shall consider such course
of inaction on the part of the planning commission as a resubmission of the
original recommendations and proceed accordingly. The proposed
subdivision regulations and any amendments thereto shall become
effective upon publication of the respective adopting ordinance or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 37 3
resolution.
Sec. 2. K.S.A. 12-715b, 12-715c, 12-715d and 12-749 are hereby
repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5