House, Senate versions differ
JARED MILLER Star-Tribune capital bureau | Posted: Saturday, March 1, 2008 12:00 am
CHEYENNE - Rejecting last-minute opposition, the House Friday passed a bill on final reading that would allow counties to regulate large-acre land developments.
The controversial legislation endured an unusual number of changes during the lawmaking process, and supporters hailed it Friday as a major victory.
"This bill is one of the great compromises," said Rep. Kermit Brown, R-Laramie, who helped develop the bill.
Senate File 11 would give counties the option of regulating developments up to 140 acres in size, closing a loophole that supporters of the legislation say allows developers to shift costs to the county and state.
House members critical of the legislation mounted a late-hour effort to kill the bill on the floor. They blasted the bill as an unnecessary infringement on private property rights that will accomplish little.
"This bill is not going to stop sprawl. It's not going to preserve open spaces. It's more like organized development," said Rep. Lorraine Quarberg, R-Thermopolis.
Rep. David Miller, R-Riverton, said property owners pay taxes and deserve services including roads.
"This bill has kind of taken on a life of its own," Miller said. "It's trying to do a lot of things for a lot of people."
Other lawmakers complained that the bill has changed so much during its three-week journey through the lawmaking process that it's unclear what it would actually do.
"I'm totally at sea," said Rep. Del McOmie, who urged the House to kill the bill and consider it next year after more public comment. "I have no idea what's happened to this piece of legislation."
Responding to McOmie, Rep. Tim Stubson, R-Casper, said: "The changes we've come to you with are the result of just that public comment."
Brown proposed yet another amendment that would have enacted the law on March 25 rather than on July 1. He said he fears there will be an "Oklahoma land rush" when property owners realize they have just a few months to develop their land or face increased county regulations.
"I think we are going to see all sorts of subdivision activity trying to beat out the law," Brown said.
But Rep. Doug Samuelson, R-Cheyenne, said the amendment amounted to a "sneak attack" on landowners, and noted that counties would have to embrace the new rules before they would take effect. The amendment failed.
Current law allows counties regulate land developments up to 35 acres. That has resulted in a number of large, 40-acre land developments, also known as "ranchettes" that are totally exempt from county land regulations.
Some critics insist that the lack of regulations allows unscrupulous developers to omit critical information such as the lack of access to water, roads and road maintenance. The owners of the property ultimately complain, and counties have been all but forced to take over the cost of maintaining roads, supporters of the legislation said.
SF 11 contains an exemption that will allow landowners to carve off up to 10 parcels for development with only limited county regulation. Ranching groups approved of the bill with the exemption.
The bill also includes provisions that require developers to disclose the status of critical services including water and roads.
The bill now goes to a House-Senate conference committee before it can be signed by Gov. Dave Freudenthal, who has urged lawmakers to adopt the bill.
Reach capital bureau reporter Jared Miller at (307) 632-1244 or at {M3jared.miller@trib.com.