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KRS 100.273

Land subdivision regulations by planning commission or fiscal court -- Procedures for urban-county government

Known as the Binding Element Enforcement Act

The act spans §§ 100–100 (292 sections).

Applied in 9 court decisions — leading case Nash v. Campbell County Fiscal Court (2011)

Most recently applied in W. Sur. Co. v. City of Nicholasville (June 2018)

Effective: July 15, 1986 History: Amended 1986 Ky

How often courts cite this section

1980199020002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any planning commission which has completed the objectives, land use plan, transportation plan, and community facilities elements of a comprehensive plan may adopt regulations for the subdivision of land within its boundaries, except that, in the case of urban-county governments, the planning commission shall make recommendations to the legislative body of the urban-county government as to the regulations, and it shall take a majority of the entire legislative body to override the recommendation of the planning commission.

(2) A county which does not wish to establish a planning program or form a planning unit may adopt regulations for the subdivision of land within its boundaries. In this case, the county shall be governed by the provisions of KRS 100.111(22), 100.277, 100.281, 100.283, 100.287 and 100.291, but any powers delegated to a planning commission in these sections shall instead be delegated to the fiscal court, any reference to the planning unit shall be considered a reference to the county, and any reference to the chairman of the planning commission shall be considered a reference to the county judge/executive.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.