News from Kansas: Legislature preempts local zoning of gun sales

The Kansas legislature has approved a measure prohibiting local governments from using zoning ordinances to limit gun sales, or imposing special taxes on firearms.  The bill has passed both the Kansas House and Senate, and will go to Governor Sam Brownback for his signature.

Read the Kansas City Star article here.

News from Nebraska: Livestock siting bill, significantly amended, moves forward

The Nebraska Legislature’s attempt to create uniformity in the livestock permitting process, first discussed here, is advancing as a result of compromise language.  Under the bill, a panel of experts appointed by the State Department of Agriculture would develop a matrix that county officials could use to determine whether to approve a livestock operation. LB106 passed its first reading on a 32-3 vote to advance, however, by removing language that made state livestock siting regulations mandatory for elected county officials. It would be up to individual county boards to decide whether to use the state standards.

Most of the senators who opposed the original bill said it substantially reduced local control over where to allow major livestock facilities. Livestock industry groups that support the bill say uniform standards on setbacks, odor control and other requirements would make the state more attractive to livestock producers.

An article from the Omaha World-Herald is here.

News from around North Dakota: Williston P&Z Committee tables $500 million project in the North Dakota oil patch

Stropiq, a Swiss-based real estate company has asked the Williams County Commission (the elected body) to force its Planning and Zoning Committee to make a recommendation on Williston Crossing. a proposed $500 million development on the outskirts of the oil patch hub of Williston, North Dakota.  The project would include 1 million square feet of space for retail, entertainment, office, hotel and housing development.  Stropiq characterizes the development as a regional destination with a water park and other attractions that would draw people from southern Canada, eastern Montana and surrounding areas in North Dakota.

The Williston Planning and Zoning Committee voted to table the proposal in order to study the effects of the development on local resources such as fire protection, utilities, roads, and sewer and water service.

An article from the Williston Herald is here.  US Census Bureau QuickFacts about Williston can be found here.  According to the Census Bureau, the population of Williston grew 41 percent from 2010 to 2013, from 14,787 to 20,850.  How many communities of 15,000 are prepared for 1 million square feet of additional development, let alone cope with the stresses associated with 41 percent population growth in 3 years?  Maybe the the Planning and Zoning Committee is right to get all the facts first on this project before making its recommendation.

News from around Nebraska: Bill in NE legislature considers scoring system for siting livestock operations

The Nebraska legislature is considering instituting a scoring system that would give county officials a way to factor in considerations like odor and manure control, as well as economic impact, when making decisions on siting livestock operations.  The ultimate decision-making authority would still remain with the county.  “Allow them to go step by step and document the fact they’re using science to deny or grant a permit. I’m very favorable of it. I’m all about improving the situation for agriculture and especially in livestock in Nebraska,” said Senator Watermeier, who introduce the bill, LB106.

An article from NTV is here.

The text of LB106 is here.

Des Moines IA Water Works votes to sue 3 counties over nitrate levels in Raccoon River

On Thursday the Des Moines Water Works board moved forward with its plans to sue the supervisors in Sac, Buena Vista and Calhoun counties over the nitrate levels in the North Raccoon River.  The lawsuit targets several drainage districts that are managed by the three counties. Weekly samples taken from the river in Sac County since March have shown high concentrations of nitrates, which have triggered costly treatment operations downstream at the Des Moines Water Works facility.  Nitrates occur naturally in the soil, but can spike in water when manure and other fertilizers drain into waterways. The Water Works has been running its denitrification facility since early December to reduce the nitrate levels to EPA-permissible levels, at a cost of $4,000 per day.

The lawsuit would be filed in federal court under the U.S. Clean Water Act, which grants regulatory exemptions to nonpoint source discharges, including field tile systems on individual farms.  Water Works officials contend that organized drainage districts shouldn’t be exempt from regulations.  This case could have far-reaching implications for the control of nonpoint source pollutants from agricultural lands.

The full Des Moines Register story is here.

News from Minnesota: Minneapolis suburb settles RLUIPA suit

The US Justice Department and the city of St. Anthony, Minnesota have settled a RLUIPA lawsuit stemming from the denial of a conditional use permit to establish a mosque.  A group of Somali immigrants formed the Abu Huraira Islamic Center in 2009 in hopes of establishing a worship center in St. Anthony.  In June 2012, the St. Anthony City Council voted 4 to 1 to deny the conditional use permit for the Islamic center, despite a recommendation by the St. Anthony Planning Commission to approve the project. At the council meeting, several St. Anthony citizens voiced their objections to the Islamic center in a way that, Islamic center proponents asserted, clearly exposed the real reason for the delay and ultimate rejection.  The residents’ comments included: “There is no other religion in the world that condones violence. Islam is evil,” and, “Where did you come from? [Go] change your own country.”

According to Fox News 9 in the Twin Cities the terms of the settlement agreement include:

– The permit will allow Abu-Huraira to use the St. Anthony Business Center for religious worship.

– St. Anthony Village will not treat Abu-Huraira or any other religious groups in a discriminatory manner through the application of its zoning laws.

– Elected leaders, city managers and certain city employees will participate in educational training about requirements of RLUIPA.

– St. Anthony Village will make RLUIPA information available to the public through its website and will report periodically to the Justice Department.

The dispute was originally discussed in our blogpost here.

News from around Minnesota: Is a septic system a modern day convenience?

A southeast Minnesota Amish couple faces a third misdemeanor charge for allegedly building a home without a permit.  They say a county ordinance that requires the installation of a septic system violates their religious beliefs.  But earlier this year, Fillmore County zoning officials cited the couple for building a house without a permit. They entered a not guilty plea a few months ago.

The legal issue involves county regulations as of December 2013 requiring a septic system for new homes. According to the couple, such a system is considered a modern day convenience that goes against Amish beliefs and lifestyle.  A second Amish couple was also in court  facing similar charges for building without a permit.

The full story from Minnesota Public Radio is here.

Rental market tight, will be getting tighter

The Urban Institute recently sponsored its second annual Data, Demographics and Demand symposium.  The subject was the future of multifamily housing.  More than half the new households formed in the next six years will be renters rather than homeowners, yet renter incomes are on average only 70 percent of homeowner incomes.  Five experts in rental housing offered their observations, summarized in the most recent MetroTrends blogpost (put out by the Urban Institute).  It is a very interesting read, especially for me, living in a college town that is experiencing a boom in multifamily construction.  Three quick points:

  1. Rental supply is tight and getting tighter. Just to keep up with normal rental demand, including the yearly loss of about 100,000 units, the country needs 400,000 new rental units a year.
  2. Much of the rental housing currently under construction will be affordable only to the top 4 to 5 percent of renters.  Other renters will need to rely on an already-constrained supply of existing housing, much of which will be single-family rentals.
  3. With high rents, stagnant incomes, and constrained supply, one panelist said “it would not shock” him if the 25 percent of renters who pay more than 50 percent of their income for rent and utilities goes up to 35 percent in a few years time.

The post also suggested the roles local, state and national government can play to help solve these challenges.  I urge you to read the original MetroTrends post.

News from around Kansas: Garden City sued under RLUIPA

It’s the classic love story: Church fills vacant space downtown; church and city (appear to be) happy for 10 years; city gets restless, wants to start seeing other businesses, and tells church it doesn’t comply with zoning; church feels spurned and sues city in federal court under RLUIPA.

The KSN.COM article is here.  I can’t wait to read how it ends.

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