HB2089 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2089 By: Echols
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S.
2021, Section 43-105, which relates to amendments or
changes of regulations, restrictions, and boundaries;
establishing requirements for legislative municipal
procedures; limiting power to interfere with property
owner rights by zoning and regulations ; restricting
the denial of applications; clarifying purpose of
notice and hearing; directing governing body to
identify basis of denial; providing for award of
reasonable costs in appeals proce edings; amending 11
O.S. 2021, Section 45-104, which relates to public
improvements and plats of land, plann ing commission
review, and subdivision reg ulations; establishing
requirements for preliminary or final plats and
subdivisions; designating determinations as quasi -
judicial; establishing basis of determinations;
clarifying purpose of notice and hearing ; providing
for award of reasonable costs in appeals proceedings;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 43-105, is
amended to read as follows:
Section 43-105. A. Regulations, restrictions and district
boundaries of municipalities may be amended, supplemented, changed,
HB2089 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
modified or repealed. The requirements of Section 43 -104 of this
title on public hearings and notice shall apply to all proposed
amendments or changes to regu lations, restrictions or district
boundaries.
B. Protests against proposed changes shall be filed at least
three (3) days before the date of the publ ic hearings. If protests
are filed by:
1. The owners of twenty percent (20%) or more of the area of
the lots included in a proposed change,; or
2. The owners of fifty percent (50%) or more of the area of the
lots within a three hundred (300) foot radius of the exterior
boundary of the territory included in a propose d change;,
then the proposed change or ame ndment shall not become effective
except by the favorable vote of three -fourths (3/4) of all the
members of the municipal governing body where there are more than
seven members in the governing body, and by three -fifths (3/5)
favorable vote where there are seven or less members in the
governing body.
C. Decisions as to comprehensive and master plans, zoning
classifications, and planned un it developments, and as to
applications for amendments, changes, modifications , revisions, or
applications relating to s uch, shall be legislative municipal
procedures, in which the municipal governing body shall refrain from
HB2089 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
arbitrary and unreasonable exer cises of its police powers, and shall
conform to the following requirements:
1. Municipal power to interfere by zoning or land use
regulations with the general rights of property owners is limited,
and the municipal governing body 's decisions must be strictly bound
by the limits of police power, and based upon the objective facts
and ascertainable standards being relevant to determine whether the
proposed zoning or land us e application, if approved, would be
harmful to the health, safety, and welfare of the public. Decisions
on rezoning or land use applications shall be based upon the
objective, relevant, and basic physica l facts of the property and
surrounding area;
2. Rezoning or land use applications shall not be denied on the
sole basis of noncompliance with a comprehensive plan or master
plan. When a rezoning or land use appl ication conforms to the
property's land use designation under a comprehensive plan or master
plan, it shall be presumed that the proposed zoning land use is an
appropriate classification for the property, unless the objective,
relevant, and basic physical facts pertaining to the property and
surrounding area indicate that the proposed zoning land use change
would be harmful to the health, safety, and welfare of the public ;
3. The notice and hearing provisions in Sections 43-104 through
43-106 of this title, or otherwise as may be applicable, are
intended to provide members of the public with a right to be heard
HB2089 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and explain how they think their interests are affected , and to
bring to the attention of the governing body any objective,
relevant, and basic phys ical facts that may have been overlooked.
However, decisions on land use applications shall not be based u pon
the presence, numbers, or magnitude of opposition or protests to
such applications;
4. In the case of denial of an application subject to the
provisions of this section, the governing bo dy shall identify on the
record its basis for the denial, includi ng at a minimum all of the
objective, relevant, and basic physical facts and standar ds upon
which the governing body 's decision of denial is based.
5. Where appeal through a legal or equitab le proceeding is
instituted by the applicant related to a zoning or land use
application denial subject to the provisions of this section, and
the court, in rendering a judgment for the plaintiff in such
proceeding, determines there to be insufficient evid ence supporting
the municipal body's purported basis for the deni al, the court shall
determine an award to such plaintiff, as a part of such judgme nt;
such sum as will, in the opinion of the court, reimburse such
plaintiff for all plaintiff 's reasonable costs, disbursements, and
expenses, including but not limited to rea sonable attorney,
consultant, and engineering fees, actually incurred because of su ch
proceeding.
HB2089 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. AMENDATORY 11 O.S. 2021, Section 45-104, is
amended to read as follows:
Section 45-104. A. Before final action ma y be taken by any
municipality or department thereof on th e location, construction, or
design of any public building, statue, memorial, park, parkway,
boulevard, street, alley, playground, public gr ound, or bridge, or
the change in the location or grade of any street or alley, the
question shall be submitted to t he planning commission for
investigation and report. Counties and school districts may be
exempted from the payment of a fee to obtain any license or permit
required by a zoning, building, or simil ar ordinance of a
municipality.
B. All plans, plats, or r eplats of land laid out in lots or
blocks, and the streets, alleys, or other portions of the same,
intended to be dedicated to public or pri vate use, within the
corporate limits of a municipality, s hall first be submitted to the
municipal planning commissi on for its approval or rejection. Before
said plans, plats, or replats shall be entitled to be re corded in
the office of the county clerk, they shall be approved by the
municipal governing body. I t shall be unlawful to offer and cause
to be recorded any such plan, plat, or replat in any public office
unless the same shall bear thereon, by endorsement or otherwise, the
approval of the municip al governing body. Any plat filed without
the endorsed approval of the municipal governing body shall not
HB2089 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
import notice nor impose any obligation or duties on the
municipality. The disapproval of any such plan, p lat, or replat by
the municipal governing body shall be deemed a refusal of the
proposed dedication shown thereon.
C. The municipal planning commission may e xercise jurisdiction
over subdivision of land and adopt regulations governing the
subdivision of land within its jurisdiction. Any such reg ulations,
before they become effective, shall be approved by the municipal
governing body and shall be published as provided by law for the
publication of ordinances. Such regulations may include provisions
as to the extent to which streets and other ways shall be graded and
improved and to which water, sewer, a nd other utility mains, piping,
or other facilities shall be installed as a condition precedent to
the approval of the plat. The regulations may provide fo r a
tentative approval of the plat before such installation. Any such
tentative approval shall be r evocable for failure to comply with
commitments upon which the tentative approval was based and shall
not be entered on the plat. In lieu of the completion of any
improvements or utilities prior to the final approval of the plat,
the commission may accept an adequate bond with surety, satisfactory
to the commission, to secure for the municipality the actual
construction and installation of the improvements o r utilities at a
time and according to spe cifications fixed by or in accordance with
the regulations of the commission, and further conditioned that the
HB2089 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
developer will pay for all material and labor relating to the
construction of the improvements. The mu nicipality may enforce said
bond by all appropriate legal and equitable remedies. Nothing in
this section shall be construed as granting to any municipality or
planning commission the power to direct any public utility to extend
its services to any partic ular area.
D. Upon adoption of the regula tions governing the subdivision
of land as provided in sub section C of this section, no plat or deed
or other instrument concerning the subdivision of land within the
corporate limits of a municipality shall be fil ed with the county
clerk until it has been approved by the municipal planning
commission of that mun icipality in accordance with the officially
adopted regulations of subdivisions of that commission. If such
approval is needed, the approval shall be endor sed on the face of
the plat, or in the cas e of a deed or other instrument, in the form
of a special subdivision certificate. If the adopted regulations
exempt a certain subdivision of land from the approval requirement,
the municipal planning commission s hall provide to the county clerk
an exemption statement to accompany the deed or instrument to be
filed.
E. A municipality which contains large areas of rura l land not
served by water and sewer facilities by the municipality shall
authorize the use of pri vate roadways in either platted or unplatt ed
areas and shall issue building permits to property owne rs whose
HB2089 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
property is abutting upon the private roadways, w ithout complying
with standards as provided for dedicated streets, subject to the
following conditions:
1. The private roadway easement sha ll be at least fifty (50)
feet in width; and
2. The property abutting upon the private roadway shall contain
not less than two (2) acres; provided, however, if the covenants of
the subdivision allow for Evapotrans piration Absorption Systems or
an Aerobic Wastewater Treatment System, the property abutting upon
the private roadway may contain not less than one (1) acre; and
3. The property shall be more than one -fourth (1/4) mile from
sewer and water facilities furn ished by the municipality; and
4. The private roadway shall not be dedicated to the public but
reserved for future dedication and, until such future dedicati on,
shall be the private roadway of the owners of the abutting property;
and
5. The private roadw ay shall be maintained by the owners of th e
property within the subdivision; and
6. The municipality shall have no responsibility for the
maintenance or repair of the private roadway; and
7. If the property is platted, there shall be emblematized on
the face of the plat, clearly conspicuous, a n otice that the streets
and drives have not been dedicated to the public and that the
streets shall be maintained by the private property owners within
HB2089 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the subdivision. Said streets shall always be open to police, fire,
and other official vehicles of all s tate, federal, county, and
municipal agencies; and
8. Every deed shall clearly acknowledge that the roadway is
private and not maintained by the municipality; and
9. Prior to the sale of any parcel of land in the subdivision,
a conspicuous sign shall be posted at the entrance to the
subdivision: "Private roadway not maintained by __________ (the
municipality)". At any time after the municipality permits the use
of said private roadway, a petition of the owners o f at least sixty
percent (60%) of the area of the land to improve and dedicate the
street shall bind all of the owners thereby to permanently improve
the street or roadway in compliance with the requirements of the
municipality; and
10. The planning commi ssion may require the developer of such
property to reserve appropriate utility easements for water, sewer,
and any other utility installations as may be requ ired for present
and future development.
F. As to preliminary or final plats and subdivisions, in
considering applications, or applications for amendments, changes,
modifications, revisions, or app lications relating to such, a
municipal governing body shall conform to the following
requirements:
HB2089 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Determinations on preliminary or fin al plats and
subdivisions shall be considered administrati ve municipal procedures
being quasi-judicial in nature;
2. Determinations on preliminary or final plats and
subdivisions shall be based upon the objective and clearly
ascertainable standards which are expressly set forth in the
subdivision regulations and zoning codes, and shall not be denied on
the basis of noncompliance with a comprehensive plan or master plan.
If the municipal governing body determines the proposed plat is in
compliance with the subdivision regulations and zoning codes, and
the municipal governing body accepts any proposed dedications, if
applicable, the preliminary or final plat, as applicable , shall be
approved. In the case of denial of an application subject to the
provisions of this section , the municipal body shall identify on the
record its basis for the denial, including at a minimum all of the
objective, relevant, and basic physical fa cts, and clearly
ascertainable standards upon which the denial is based ;
3. The notice and hearing prov isions in Sections 43-104 through
43-106 of this title, or otherwise as may be applicable, are
intended to provide members of the public with a right to be heard
and explain how they think their interests are affected and to bring
to the attention of the g overning body any objective and relevant
basic physical facts that may have been overlooked. However,
decisions on preliminary plats and subdivisions shall not be based
HB2089 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
upon the presence, numbers, or magnitude of opposition or protests
to such applications;
4. Where appeal through a legal or equ itable proceeding is
instituted by the applicant related to a preli minary or final plat
denial subject to the provisions of this section, and the court, in
rendering a judgment for the plaintiff in such proceeding,
determines there to be insufficient evide nce supporting the
municipal body's purported basis for the denial, the court shall
determine an award to such plaintiff, as a pa rt of such judgment;
such sum as will, in the opinion of the court, reimburse such
plaintiff for all plaintiff 's reasonable costs, disbursements, and
expenses, including but not limited to reaso nable attorney,
consultant, and engineering fees, actually incur red because of such
proceeding.
SECTION 3. This act shall become e ffective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/27/2023 - DO PASS.