§ 40-48-18 — Extraterritorial subdivision regulation - Mediation - Determination by administrative law judge

administrative law judge.
1. A city may, by ordinance, extend its regulation of subdivisions beyond its corporate
limits to the same extent as a city is authorized to extend its zoning authority under
section 40-47-01.1.

2. If two or more cities have boundaries at a distance where there is an overlap of
extraterritorial subdivision regulation authority under this section, the governing bodies
of the cities may enter into an agreement regarding the extraterritorial subdivision
regulation authority of each city. The agreement must be for a specific term and is
binding upon the cities unless the governing bodies of the cities agree to amend or
rescind the agreement or unless determined otherwise by an administrative law judge
in accordance with this chapter. If a dispute arises concerning the extraterritorial
subdivision regulation authority of a city, and the governing bodies of the cities
involved fail to resolve the dispute, the dispute must be submitted to a committee for
mediation. The committee must be comprised of one member appointed by the
governor, one member of the governing body of each city, and one member of the
planning commission of each city who resides outside the corporate city limits. The
governor's appointee shall arrange and preside over the meeting and act as mediator
at the meeting. The meeting may be continued until the dispute has been resolved or
until the mediator determines that continued mediation is no longer worthwhile.
3. If the mediation committee is unable to resolve the dispute to the satisfaction of the
governing bodies of all the cities involved, the governing body of any of the cities may
petition the office of administrative hearings to appoint an administrative law judge to
determine the extraterritorial subdivision regulation authority of the cities in the
disputed area. A hearing may not be held until after at least two weeks' written notice
has been given to the governing bodies of the cities involved in the dispute. At the
hearing, the governor's appointee who mediated the meetings under subsection 2
shall provide information to the administrative law judge on the dispute between the
cities involved and any proposed resolutions or recommendations made by a majority
of the committee members. Any resident of, or person owning property in, a city
involved in the dispute or the unincorporated territory that is the subject of the
proposed subdivision regulation, a representative of such a resident or property owner,
and any representative of a city involved, may appear at the hearing and present
evidence on any matter to be determined by the administrative law judge. A decision
by the administrative law judge is binding upon all the cities involved in the dispute and
remains effective until the governing bodies of the cities agree to a change in the
subdivision regulation authority of the cities. The governing body of a city may request
a review of a decision of an administrative law judge due to changed circumstances at
any time ten years after the decision has become final. An administrative law judge
shall consider the following factors in making a decision under this subsection:
a. The proportional extraterritorial subdivision regulation authority of the cities
involved in the dispute;
b. The proximity of the land in dispute to the corporate limits of each city involved;
c. The proximity of the land in dispute to developed property in the cities involved;
d. Whether any of the cities has exercised extraterritorial subdivision regulation
authority over the disputed land;
e. Whether natural boundaries such as rivers, lakes, highways, or other physical
characteristics affecting the land are present;
f. The growth pattern of the cities involved in the dispute; and
g. Any other factor determined to be relevant by the administrative law judge.