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House approves Industrial Protection Act, requires written notice to nearby property owners
Summary
The House passed House Bill 241 on Feb. 8, 2006, expanding agricultural-style notification zones to include industrial areas and, via a Harper amendment, requiring written notice for owners within 1,000 feet. Sponsors said the change protects buyers and clarifies expectations for long-term industrial uses.
House members passed House Bill 241, the Industrial Protection Act, after adopting an amendment that requires written notice to owners within 1,000 feet of a proposed industrial protection zone. Representative Rhonda Menlove, the bill sponsor, said the measure extends the existing Agricultural Protection Zone mechanism to industries so that prospective buyers and nearby residents are informed whether land lies in an industrial zone.
"What this legislation does is it creates a mechanism whereby an industry can place the area where the industry is located into a protected zone... it’s a notification law," Menlove said during floor remarks, arguing the change helps avoid surprise encroachment and litigation. Representative Wayne Harper moved Amendment No. 2 to require written notice — not merely a posted sign — and to include meeting dates and times so affected owners can participate in a land-use decision. "You need to be notified in writing of what the zone is and when that's gonna be heard," Harper said, recommending explicit notice for property owners within the 1,000-foot perimeter.
Menlove accepted the amendment as friendly, and floor debate remained limited. Supporters said the amendment strengthened the bill’s notification protections and would protect both long-term industrial sites and adjacent property owners. Opponents raised no sustained objections on the floor. With the amendment adopted, the House voted to pass the bill unanimously; the Clerk recorded 70 yes votes, 0 no. The bill was referred to the Senate for further consideration.
The bill’s sponsor and floor proponents framed the measure as a narrow notification and disclosure tool rather than a change to operational standards or environmental regulation. It does not, on its face, alter permit or enforcement requirements for industrial operators; it alters notice and zoning-accountability processes. The next step is Senate consideration and, if passed there, enactment per the Legislature’s schedule.
