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 February 1 in which you request an opinion concerning the following:
"One of our member counties has a joint city-county planning commission in which all of the cities and the county governments participate. The county is considering adopting subdivision regulations for the unincorporated area (the county seat town has for some time exercised both zoning and subdivision authority). KRS 100.273 grants planning commissions the authority to adopt subdivision regulations providing certain conditions are met.
"Is the fiscal court of a county required to give its approval prior to subdivision regulations being adopted for an unincorporated area, or may the Planning Commission act independently of the fiscal court?"
Our response to your question would be that the planning commission acts independently of the fiscal court and we have so indicated in a number of previous opinions, namely OAG 76-48 and OAG 76-131, copies of which we are attaching.
KRS 100.273 provides that 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. KRS 100.281 prescribed the contents of subdivision regulations which, of course, must be based on the comprehensive plan. KRS 100.277 provides that all subdivision of land shall receive commission approval. There is nothing specific or implied in these related statutes that would authorize or require subdivision regulations adopted by a planning commission to be submitted to either or both legislative bodies for approval or rejection as is the case with respect to zoning regulations and amendments thereto under KRS 100.207 and 100.211. Also of interest is the case of
Snyder v. City of Owensboro, Ky., 528 S.W.2d 663 (1975), dealing with the planning commission's disapproval of a preliminary plan for a subdivision wherein the court refers to subdivision regulations adopted by the planning commission without any reference to such regulations by the legislative body. See also 56 K.L.J. 556 (613), and its discussion of the adoption of subdivision regulations by the planning commission pursuant to KRS 100.273.
OAG 76-108 is modified to the extent it is in conflict with this and the other cited opinions.
We are therefore of the opinion that the joint planning commission is authorized by statute to adopt and enforce subdivision regulations without the approval of the legislative bodies.