COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

2001 REGULAR SESSION 2000-2001 INTERIM

MEASURE

2001 RS BR / 1299 / Amendment: / Committee / Floor
Bill #: / HB 349 / Amendment #
SUBJECT/TITLE / Subdivision of land
SPONSOR / Representative Jon D. Reinhardt

MANDATE SUMMARY

Unit of Government: / X / City; / X / County; / X / Urban County Government

Program/

Office(s) Impacted: / Planning and zoning commissions or agencies
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / Modifies Existing / X / Adds New / Eliminates Existing

PURPOSE/MECHANICS

HB 349 would allow a property owner to transfer or sell a parcel of property to an immediate family for a home construction site without planning commission approval.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The fiscal impact of HB 349 is indeterminable. The measure would permit a property owner to transfer or sell a parcel of property to an immediate family for a home construction site without a planning commission's approval. The parcel must have access to a public road. The bill also provides that the property transfer to one's kin for home construction will be considered a permitted use.

Provisions in this bill would affect mainly city or county planning and zoning commissions or agencies. This bill would allow the transfer of a parcel to an immediate family member (parent, step-parent, spouse, child or step-child) regardless of current zoning standards or requirements. Some planning commissions have types of "relative division" or "family division" provisions, or allow waivers or issue special use permits in these situations. Provisions in this bill may require local ordinance or regulation changes to comply, leading to the costs usually associated with those types of changes. The resulting ordinance or regulation also may require administration or compliance review.

DATA SOURCE(S) / LRC staff; Kentucky Chapter of the American Planning Association
PREPARER / Lowell Atchley / REVIEW / DATE / 2/20/01

Page 1