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Committee inserts language protecting township zoning when county assumes floodplain authority
Summary
The State and Local Government Committee approved an amendment to clarify that when a township relinquishes floodplain management to a county, the county may not require the township to convey other legal authorities such as zoning; the panel also changed a paperwork deadline to April 30 and voted the bill out of committee 6-0.
The State and Local Government Committee on Oct. 12 approved an amendment clarifying that if a township and county sign a written agreement transferring floodplain management to the county, the county may not require the township to convey additional legal authorities the township otherwise holds, including zoning authority.
The change was inserted in two places in the draft statute (page 2 and page 7), and the committee also amended a deadline in the bill from March 31 to April 30 to give local groups more time to complete paperwork. Committee legal staff advised keeping a separately numbered subsection (subsection 8) in place rather than removing it.
Legislative counsel reviewed competing phrasing and recommended the use of "may not" in the provision to reflect the drafting manual guidance distinguishing "shall," "must," and "may/may not." Committee members asked staff to confirm that the new insertions do not conflict with subsection 8; staff reported back that subsection 8 should remain.
The amendment (described in the record as "page 2, page 7, and date") passed on a roll call 6-0. The committee later voted the bill out favorably as amended by a 6-0 vote.
Committee Chair Rohrs and senators who voted "aye" on the amendment and the bill included Vice Chair Castaneda, Senator Bridal, Senator Brownberger, Senator Lee and Senator Wallen, according to the clerk's roll call.
