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DeKalb County adopts ETJ agreement with Butler to formalize zoning review
Summary
DeKalb County commissioners voted Dec. 8 to adopt an extraterritorial jurisdiction agreement with the City of Butler formalizing 25 years of practice that sends zoning and subdivision review for the perimeter area to Butler while the county retains building permits and drainage oversight.
DeKalb County commissioners voted Dec. 8 to approve an extraterritorial jurisdiction, or ETJ, agreement with the City of Butler that puts long-practiced planning and zoning arrangements into a single signed document.
County planning staff told the commissioners the agreement mostly codifies existing practice and gives Butler planning and zoning jurisdiction for the identified ETJ area, with the county continuing to issue building permits and the county Drainage Board retaining approval of drainage plans. "The City of Butler will exercise planning and zoning jurisdiction," the presenter said while outlining subdivision control, permitting and a 300-foot sewer-connection rule with a two-times-cost exception for septic hookups.
The item drew public comment from property owner Larry Kegley, who said the proposed expansion would include roughly "147 acres of woodland" near County Road 63 and asked whether customary rural uses (including hunting) would be preserved. The city and county representatives responded that zoning changes do not alter tax obligations and that many existing uses would remain unchanged until the land changes hands or is rezoned. "You're not gonna lose the right to hunt," a Butler representative said during the discussion.
Commissioners voted on the measure after the public comment period; the motion carried by voice vote. Staff told commissioners the agreement would take effect as adopted and that the document allows for periodic reviews and revisions — the agreement as drafted includes four-year review language.
Why it matters: ETJ agreements shift which body reviews new development and variances along a municipal fringe; for landowners it can change which planning commission reviews permits or variances though it does not change tax rates. County officials said the Butler agreement boxes the ETJ into a more regular shape and may reduce some permit fees for affected residents because Butler's improvement-location permit rates are lower than current county fees.
Next steps: County staff and the City of Butler will finalize signature pages and implement the agreement; the document includes provisions for periodic review and potential future amendments.
