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Brown County adopts limited zoning rules, exempts three cities' three‑mile zones
Summary
The Brown County Board of Commissioners voted to adopt countywide zoning regulations while excluding land within three miles of Hiawatha, Wharton and Sabetha that those cities already regulate under KSA 12-7-15(b). The board approved the resolution after an attorney‑client executive session and brief public comment from city attorneys.
The Brown County Board of Commissioners on Monday adopted county zoning regulations but carved out an exception for land already within three miles of three cities that have their own zoning.
The action, passed as Resolution 2025-08, applies the county's new zoning rules to unincorporated Brown County but excludes land within three miles outside the city limits of Hiawatha, Wharton and Sabetha where those cities have adopted zoning under KSA 12-7-15(b). The board read the revised Section 1 into the record before voting to approve the resolution.
The change was proposed after Patrick Hughes, the county's attorney from Wichita, advised the commissioners and after representatives of nearby cities requested clarity. Andy Delaney, city attorney for Hiawatha, told the board the cities' comprehensive zoning ordinances are intended to protect residents and property values and that the cities would more strictly limit large projects, including commercial wind development, within the three‑mile areas.
Commissioners moved and seconded the amended language and recorded the motion as adopted. The motion included a statement that applications affecting tribal trust lands would be subject to applicable federal law and exemptions. The resolution will be incorporated on the official Brown County zoning district map by reference.
The board discussed whether to label the county regulations “limited” in the title; attorneys advised the wording change was unnecessary to the legal effect. The record shows the board held an attorney‑client executive session before the vote to discuss legal strategy related to the proposed regulations.
No separate vote tally by name was recorded in the transcript; the motion was carried after commissioners answered “Aye.”
The board asked county staff to finalize and distribute printed copies of the resolution and the updated zoning map. Commissioners indicated they would follow up with affected municipalities as needed.
Looking ahead, the board said it intends to address solar siting and other land‑use rules in future meetings and to work with the county planning commission on implementation details.
