11-269.09. Federal and state regulations; local coordination; standing; definitions
A. If a county has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the county shall demand by any lawful means that the federal or state government coordinate with the county before the federal or state government implements, enforces, expands or extends the federal regulation, rule, plan or policy within the county's jurisdictional boundaries. This subsection is mandatory unless the county specifically votes to not demand coordination.
B. If the federal or state government fails to coordinate in good faith with the county, the county shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the county's coordination rights.
C. If a person who resides or does business in this state serves each member of the board of supervisors with a written demand that the county comply with this section and, within sixty days after service of the written demand, the board of supervisors fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the county law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the county shall hold a public hearing to present information on the decision not to demand coordination.
D. For the purposes of this section:
1. " Coordinate" means the action necessary to achieve coordination.
2. " Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a county law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.
3. " Less restrictive" means a county law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the county's jurisdictional boundaries.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.