2012 2nd Quarter Digest 1
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Attorney General E. Scott Pruitt Vol. 48, No. 2 Quarterly June, 2012 Digest of Opinions Notice - Available The 2011 Opinion Book of the Attorney General Opinion 2012-2 The Honorable Kim David April 4, 2012 State Senator, District 18 1. A metropolitan area planning com-mission established pursuant to 19 O.S.2011, §§ 866.1 – 866.35, func-tions as “an advisory, consultative and coordinating agency, established to harmonize its planning activities with the planning activities of depart-ment, agencies and instrumentalities of federal, state and local govern-ment; and to stimulate public interest and participation in the development of the area.” Id. § 866.1. 2. The authority of a county that has established a metropolitan area planning commission pursuant to 19 O.S.2011, § 866.2, and meets the cri-teria of having an upstream terminal port and turnaround where navigation ends, or contains all or part of a reser-voir or reservoirs constructed by the Bureau of Reclamation, the United States Army Corps of Engineers, or by the Grand River Dam Authority for zoning regulations and building, construction, and housing codes is an exception to the general jurisdic-tional authority of Section 866.2. The authority of such county for zoning regulations and building, construc-tion, and housing codes extends to all or any part of the unincorporated areas of such county. Id. 3. Title 19 O.S.2011, § 866.2 grants coun-ties having an upstream terminal port and turnaround where navigation ends or other related criteria the discretion to establish zoning regulations and building, construction, and housing codes. When exercising that discre-tion, a county must take the necessary steps to comply with the provisions of Sections 866.2 through 866.35. 4. A county must adopt a resolution and have a majority of the vote of the people of the county to establish a county planning commission pursuant 19 O.S.2011, § 865.51, and avail itself of the zoning regulations extending to all unincorporated areas as provided by 19 O.S.2011, § 865.53. 5. If a metropolitan area planning com-mission exists in a county and the county chooses to confer authority to a metropolitan area planning com-mission pursuant to 19 O.S.2011, § 865.51, this authority may extend to all unincorporated areas in the county, except for the jurisdiction of any lake area planning and zoning commission. 6. A “proper resolution,” referenced in 19 O.S.2011, § 865.51 to confer authority on a metropolitan area planning com-mission, need not comply with the requirements of 19 O.S.2011, § 865.52 requiring a vote of the majority of the people to set up a county planning commission, but must meet the legal requirements for a resolution.
|Okla State Agency||
Attorney General, Oklahoma
|Okla Agency Code||
|Title||Digest of opinions, 06/2012, v.48 no.2|
Oklahoma. Office of the Attorney General.
|Purpose||Opinion 2012-2; Opinion 2012-3; Opinion 2012-4; Opinions 2012-5; Opinion 2012-6; Opinion 2012-7; Opinion 2012-8; Opinion 2012-9|
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|Digital Format||PDF, Adobe Reader required|
|ODL electronic copy||Received from agency via e-mail|
|Rights and Permissions||This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders.|