Section 226.961

Title XIV ROADS AND WATERWAYS

Chapter 226

Effective - 28 Aug 1995   

  226.961.  Applications or requests not to be approved by city or county without commission approval — procedure. — 1.  A city or county regulatory authority shall not approve any application or request described in sections 226.959 to 226.967 concerning property abutting or within a highway corridor without the concurrence of the commission until at least forty-five days have elapsed after the commission received the application or request, unless the regulatory authority has received a notice of concurrence in the application or request from the commission.

  2.  Within the forty-five-day period, the commission by written notice to the regulatory authority and the property owner may concur in the application or request, may recommend that the approval of the application or request be conditioned upon certain modifications or limits set forth in the notice, or may give notice of probable intent to acquire the whole or any part of the subject property which is within the highway corridor.

  3.  If the commission concurs in the application or request, the regulatory authority shall be free to act upon the application in such manner as may be provided by law.

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(L. 1995 S.B. 212 § 226.954 subsecs. 2 to 4)