EXTRATERRITORIAL AUTHORITY AKA The Donut History of Extraterritorial

EXTRATERRITORIAL AUTHORITY AKA “The Donut”

History of Extraterritorial Jurisdiction (ETJ) • The majority of states allow for cities to have some control over what occurs within a defined area outside of the city limits. Typically the larger the city, the further the extraterritorial area (ETA) extends. • Why give this authority? • So a city can properly plan its growth. • To avoid a city getting “boxed in”. • To avoid unwanted uses in close proximately to the city.

ETJ in Wyoming • Wyoming Statutes do not define or mention ETJ. However, there are some powers given to cities outside of city limits: 1. Master Planning - § 15 -1 -503. (Parks and Rec Plan) (a) The commission, after holding public hearings, shall adopt and certify to the governing body a master plan for the physical development of the municipality. If the plan involves territory outside the city or town, action shall be taken with the concurrence of the board of county commissioners or county planning commission, or other municipal legislative body concerned. 2. Plat Review - 34 -12 -103. (Mountain West) … provided, however, that any such plat of land adjacent to any incorporated city or town, or within one (1) mile of the boundaries of any such city or town, shall be jointly approved by both the board of county commissioners of said county and the governing body of said city or town before same shall be filed and recorded in the office of the county clerk as aforesaid.

ETJ in Wyoming 3. Extension of ordinances for general prosperity. (House Bill 85 Amended in 2013) § 15 -3 -202. (a) The mayor, from time to time, shall communicate to the governing body such information and recommend such measures as in his opinion may tend to improve the finances of the city, the police, health, comfort and general prosperity of the city. • (b) The mayor has such jurisdiction as may be vested in him by ordinance: • (i) Repealed by Laws 2013, ch. 104, § 2. • (ii) In all matters excepting taxation within one-half ( ½ ) mile of the corporate limits of the city. The board of county commissioners of any county containing any area over which jurisdiction has been asserted pursuant to this paragraph may enact a resolution nullifying the ordinance as to any unincorporated area of the county subject to the ordinance. Upon the effective date of the resolution the ordinance shall no longer be effective as to the unincorporated area of the county specified in the resolution.

ETJ in Wyoming 4. Waterworks Systems. 15 -7 -704. The corporation constructing the waterworks may extend it beyond the corporate limits of the city or town. For the purpose of maintaining and protecting the system from injury and the water from pollution, the jurisdiction of the city or town extends over the entire territory occupied by the works. § 15 -7 -707. (a) The governing body may pass all ordinances necessary to carry out the provisions of this article. (b) The powers conferred upon a city or town by this article do not deprive them of any rights or powers conferred upon them by other laws.

ETJ in other states ND - A city may, by ordinance, extend the application of a city's zoning regulations to any quarter section of unincorporated territory if a majority of the quarter section is located within the following distance of the corporate limits of the city: (1) One mile [1. 61 kilometers] if the city has a population of fewer than five thousand. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from one-half mile [. 80 kilometer] to one mile [1. 61 kilometers] with the other political subdivision. (2) Two miles [3. 22 kilometers] if the city has a population of five thousand or more, but fewer than twenty-five thousand. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from one mile [1. 61 kilometers] to two miles [3. 22 kilometers] with the other political subdivision. (3) Four miles [6. 44 kilometers] if the city has a population of twentyfive thousand or more. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from two miles [3. 22 kilometers] to four miles [6. 44 kilometers] with the other political subdivision.

ETJ other states Montana - a city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits: (a) up to 3 miles beyond the limits of a city of the first class as defined in 71 -4111; (b) up to 2 miles beyond the limits of a city of the second class; and (c) up to 1 mile beyond the limits of a city or town of the third class. (2) When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76 -2 -302, 76 -2311, and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities.

Colorado Water Protection ETJ 31 -15 -707(1)(b) To construct or authorize the construction of such waterworks without their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect;

What can Laramie do? 1. Enact Ordinances on ETJ plat review procedures. A. What exactly can the city review in the ETJ? Good question. State statute is vague. The case Prudential Trust Co. v City of Laramie affirmed the city’s requirements on a plat. Some have argued this case is limiting, but all it held was that the city did not act arbitrary or capricious and their requirements were reasonable. Arbitrary and capricious is the legal standard of review when a city council decision is appealed. This case did not create much law other than to say that plat requirements must be “reasonable”. B. So what is reasonable? Everyone will have a slightly different opinion – it is subjective. The Wyoming Supreme Court said “a need for the plat to tie the new platted area in with outside areas, as far as streets and alleys are concerned, and for these streets and alleys to correspond in width and direction and be continuations of other streets and alleys in the city or additions thereto. ” is reasonable.

What can Laramie do? C. D. Ideally the city and county could come together and determine what the scope would be. In my opinion development within one mile of the city would meet all city requirements and fit in the comprehensive plan. Whatever the city decides it should be incorporated in code. The city has no inherent power outside of its borders, but given the powers granted through the state, there a number of options for the city.

My recommendations for platting Direct city staff to work with county staff and develop a set of standards for plat review in the ETJ. When I use the term “review” I mean review in the sense that the city reviews the plat as it would for any other plat. The city is not simply reviewing the county. Ideally there should be one set of review standards in the ETJ that both the city and county agree upon. Once these standards are in place we can discuss keeping the process (applicants go through review process in both county and city) or a new process (only one entity goes through full review). Peggy Trent’s office did a study finding some Wyoming communities use a joint process. This would save everyone time and money.

My recommendations • Ideally the city should work with the county to update the comprehensive plan. Master planning is extremely important for the city to control growth and create a vision for the future Laramie. The city is currently on a path where county subdivisions are going to encircle the city which will make growth extremely difficult and more or less kill any master planning. • What about the county? The county has said they support the city growing and developing. Complaints I have heard from county commissioners stem from the process, not necessarily the result. The county is looking for more involvement.

What about Casper Aquifer Protection As noted before -Waterworks Systems. 15 -7 -704. …For the purpose of maintaining and protecting the system from injury and the water from pollution, the jurisdiction of the city or town extends over the entire territory occupied by the works. § 15 -7 -707. (a) The governing body may pass all ordinances necessary to carry out the provisions of this article. • You have jurisdiction to pass ordinances that would protect the entire water system from pollution. • My research shows no city in Wyoming has utilized 15 -7 -704, although my research was limited to larger cities in WY.

CAP • Colorado has a similar law which a number of cities have used to create ordinances that protect their water supply. • Steamboat Springs has a “Watershed Protection Ordinance” which can be found at http: //steamboatsprings. net/Document. Center/View/279 • A number of cities have created watershed districts over their water supply. For example http: //www. cityofvictor. com/downloads/Watershed%20 District%20 Ordinance%20 -%20 Final. pdf • These are two of hundreds of examples in Colorado.

CAP • What exactly can Laramie do to protect the Casper Aquifer (or any other water supply)? • You can enact ordinances that would place reasonable restrictions over the entire watershed. • Great – draft the ordinances and we will pass them in two weeks. • Not so fast. There a number of issues with creating such ordinances that need to be considered. For example, will the restrictions create a regulatory taking? What are reasonable restrictions? What is the water works area?

CAP recommendations • I am proposing a rather large scale project. If you are going to develop ordinances protecting the water supply they need to be done right, which means you need to be able to defend them and enforce them. • I have reached out to Clarion and Associates for suggestions. • With your permission I will seek out more information from experts and try and develop a cost estimate and timeline estimate.

Conclusion/Moving Forward • My presentation was going to be limited to platting in the ETJ. However based on recent meetings I felt the discussion on protecting water systems was important. • Moving forward my suggestions are: 1. Direct staff to work with the county staff to develop joint review standards for plats located in the ETJ. 2. Direct staff to further investigate drafting watershed protection ordinances to include estimated costs and time.