The three-year moratorium during which cities and counties (except for Shelby County and its cities) were prohibited from amending their comprehensive growth plans absent extraordinary circumstances has now passed for most cities and counties. Some communities have amended their growth plans and others are considering amendments. The steps to follow in amending the comprehensive growth plan are summarized below. These issues are discussed in more detail following the executive summary.
The city or county wanting to amend the plan must do research and examine factors that are appropriate to the area to be designated, and identify territory suitable for inclusion in the area. The city or county must hold two public hearings for which public notice has been published at least
15 days before the meeting.
The city or county proposing the amend- ment must file notice with the mayors of each municipality in the county and the county mayor or executive.
The coordinating committee must be reconvened, most likely upon notice from the county mayor or executive.
The coordinating committee must hold two public hearings for which at least
15 days notice is published. The burden is on the party proposing the amendment to show it is reasonable.
The coordinating committee must vote on whether to recommend the amendment.
The coordinating committee shall submit its recommendations regarding any amendments to the governing body of the county and each city in the county for ratification. Each has 120 days to ratify or reject the amendment. Failure to act signifies ratification.
If a city or county rejects the amendment, it must submit its objections to the coordinating committee. The coordinating committee then reconsiders its action.
After reconsideration, the coordinating committee may recommend a revised amendment and submit it to the local governments for consideration.
If this amendment is rejected, the city or county may declare an impasse and request mediation through the secretary of state’s office.
Approved amendments must be submitted to the local government planning advisory committee for approval. Locally ratified amendments receive automatic LGPAC approval. In all other cases, LGPAC must examine the plan to ensure that it complies with law. After approval the plan is filed in the register’s office.
Click the PDF above to read the full Spotlight.