Bill No.: HB0009 Drafter:
LSO No.: 09LSO-0042 Effective Date: 7/1/2009
1 & 3: 2/26/2009
Enrolled Act No.: HEA0023
Chapter No.: 58
Prime Sponsor: Joint Corporations, Elections and Political
Subdivisions Interim Committee
Catch Title: Subdivisions-cluster
Subject: Incentives for use of conservation design
process in subdivisions.
- The act provides an exemption
to the requirements for a subdivision application for subdivisions that
use a conservation design process that includes provision for open spaces
within the subdivision. Each board of county commissioners may opt to
allow this exemption.
- A conservation design process
is defined as a planning process that uses density bonuses to preserve open
space for protection of wildlife habitat or enhancement and maintenance of
the rural character of the lands contiguous to agricultural lands. Two-thirds
of the total area of the parcel being divided must be retained in open
space under the process. Open space is defined as land substantially free
of structures, impervious surfaces, roads or other land altering
activities and does not include golf courses, residential yards, parking
areas or areas reserved for nonagricultural private use.
- The open space designation
shall be for at least 65 years and must provide for a process by which the
owners of the lots in the development may retain the designation after the
65 year period.
- The act provides that a parcel
of land 35 acres or larger in a platted subdivision that otherwise
qualifies as agricultural land will be treated as agricultural land for
tax purposes despite the fact that it is in a platted subdivision.