Rural County Property Rights and Accountable Land Use Governance Act

Model Policy

Section 1. Findings and Purpose
(A) The Legislature finds that elected County Commissioners are entrusted by the citizens of their county to promote public health, safety, welfare, economic opportunity, and orderly development through reasonable land use planning and zoning.
(B) The Legislature further finds that private property rights are fundamental rights deserving substantial protection from unnecessary governmental intrusion.
(C) The Legislature recognizes that effective local governance and strong property rights are not mutually exclusive and that land use decisions must be made through transparent processes that guarantee affected property owners’ meaningful input, consultation, and participation.
(D) The purpose of this Act is to:

1. Preserve the lawful authority of elected County Commissions to administer planning and zoning.
2. Ensure that land use regulations are narrowly tailored to legitimate public purposes.
3. Protect private property owners from unreasonable restrictions on the use and enjoyment of their property.
4. Require direct consultation and mutual discussion with affected landowners before significant land use decisions are made.
5. Promote voluntary solutions, creative alternatives, mediation, with property owner participation in lieu of excessive regulation whenever possible.

Section 2. Statement of County Authority
(A) The County Commission shall retain authority to adopt, amend, and enforce planning and zoning regulations as authorized by state law.
(B) Such authority shall be exercised in a manner that:

1. Respects constitutionally protected property rights.
2. Minimizes unnecessary regulatory burdens.
3. Supports agricultural, residential, commercial, industrial, and natural resource uses appropriate to the character of the county.
4. Gives substantial consideration to the views of affected property owners which views may or may not be monetary such as nostalgic, historical, sentimental and such.

(C) No zoning regulation or changes shall be adopted solely for the purpose of limiting lawful property use absent a demonstrated public necessity.

Section 3. Property Rights Impact Review
(A) Before adoption of any zoning ordinance, zoning amendment, overlay district, development restriction, or significant land use regulation, the County Commission shall prepare a Property Rights Impact Review.
(B) The review shall identify:

1. The public purpose served by the regulation.
2. Property uses that may be limited or prohibited.
3. Potential economic or social impacts upon affected landowners.
4. Less restrictive alternatives considered.
5. Whether voluntary measures could achieve the same objective.

(C) The review shall be publicly available at least thirty (30) days before final action, and the public shall be permitted to comment in a public meeting at least ten (10) days prior to final action.

Section 4. Landowner Consultation Requirement
(A) Prior to the adoption of any regulation affecting identified properties, the County shall provide direct notice to affected landowners.
(B) Notice shall include:

1. A plain language explanation of the proposal.
2. Maps showing affected areas.
3. Potential impacts on water, power, noise, traffic and other infrastructure.
4. A statement of anticipated impacts on property rights.
5. Information regarding public hearings and comment opportunities.

(C) The County shall conduct at least one landowner consultation meeting before final action.
(D) Property owners shall have the right to submit written alternatives or proposed modifications for consideration by the Commission at the hearing which will be held at least ten (10) days prior to final action.
(E) The Commission shall address substantial concerns raised by affected property owners in its final findings.

Section 5. Presumption in Favor of Reasonable Property Use
(A) Lawful use of private property shall be presumed reasonable unless the County demonstrates that regulation is necessary to:

1. Protect public health or safety;
2. Prevent substantial harm to neighboring properties;
3. Protect critical public infrastructure; or
4. Comply with state or federal law.

(B) When multiple regulatory approaches are available, the County shall select the alternative that imposes the least restriction on private property rights while achieving the intended public purpose.

Section 6. Agricultural and Rural Land Protections
(A) Agricultural, ranching, forestry, and natural resource production and activities shall receive heightened protection.
(B) No regulation shall substantially interfere with traditional agricultural or resource-based activities absent clear substantial scientific evidence of significant public harm.
(C) Counties are encouraged to employ voluntary conservation agreements, incentive-based programs, and cooperative planning before adopting restrictive regulations affecting rural lands.

Section 7. Property Rights Advisory Council
(A) Counties may establish a Property Rights Advisory Council or a Zoning Board composed of:

1. Agricultural landowners;
2. Residential property owners;
3. Business owners;
4. Development interests;
5. Conservation interests; and
6. Members of the public.

(B) The Council shall review proposed land use regulations and provide recommendations to the County Commission.
(C) Advisory recommendations shall be included in the public record.

Section 8. Mediation and Dispute Resolution
(A) Before enforcement actions or litigation involving land use disputes, the County shall offer voluntary mediation.
(B) Mediation shall seek practical solutions that:

1. Preserve property rights;
2. Protect neighboring landowners; and
3. Avoid unnecessary legal expense.

The parties may formally adopt prior to the discussion either a binding or non-binding mediation, and mutually agree on a non-biased mediator.

Section 9. Periodic Sunset Review
(A) Every five years, the County Commission shall review all zoning regulations.
(B) Regulations shall be evaluated and public input shall be sought to determine:

1. Continued public necessity;
2. Effectiveness;
3. Economic impact;
4. Impact on private property rights; and
5. Whether less restrictive alternatives are available.

(C) Regulations determined to be unnecessary, obsolete, or excessively burdensome shall be amended or repealed.

Section 10. Declaration of Principle
The citizens of the county elect County Commissioners to exercise land use authority on behalf of the public. Such authorities carry a corresponding duty to protect private property rights, provide meaningful consultation with affected landowners, ensure transparency in decision-making, and employ the least restrictive means necessary to achieve legitimate public objectives.