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Request By:

Mr. Don Eggert
Regional Planner
Barren River Area
Development District
P.O. Box 2120
Bowling Green, Kentucky 42101

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of April 19 in which you raise the following question:

"One of our Joint Cities-County Planning Commissions is considering the adoption of subdivision regulations for the entire county (the city has had such regulations for a number of years). In a recent meeting the question of whether subdivision regulations could be exercised for a particular area not conterminous to the city boundaries was asked. (For example in a magisterial district or other geographically described area)."

Our response to your question would be in the affirmative. Counties as well as cities are authorized to adopt subdivision regulations within their respective jurisdictions under the terms of KRS 100.273, which reads as follows:

"Any planning commission which has completed the objectives, land use plan, transportation plan, and community facilities elements of a comprehensive plan may adopt regulations for the subdivision of land within its boundaries."

See OAG 75-462 [copy attached].

LLM Summary
In OAG 78-286, the Attorney General responds affirmatively to an inquiry about whether subdivision regulations can be adopted for areas not contiguous to city boundaries, specifically within a county. The decision references KRS 100.273 and cites OAG 75-462 to confirm that counties have the authority to adopt such regulations, provided they meet certain planning prerequisites.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1978 Ky. AG LEXIS 452
Cites (Untracked):
  • OAG 75-462
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