On February 18, Executive Director Michael Sanderson testified before the Environment and Transportation Committee in opposition to HB 768 – Municipal Incorporation – County Commissioners or County Council – Required Approval of Referendum Request.
This bill would upend the longstanding, carefully crafted framework that governs municipal incorporation by stripping county governments of proper and necessary input and oversight. Under the bill, the residents of the proposed municipality would have the complete say in its process toward becoming a recognized city or town, despite meaningful effects on neighboring areas and the affected county at large.
Mr. Sanderson thanked the bill sponsor, Delegate Steve Johnson, for moderating a panel on county/municipal collaboration at the 2024 MACo Summer Conference, and noted that an additional item in the bill may have arisen from those conversations.
Mr. Sanderson illustrated the fiscal effects that arise under current law from an incorporation, including a shifting of income tax funds and State road funding. He argued that the strong incentives for incorporation make it necessary that not only the residents within the area are part of the eventual adoption process.
This bill could jeopardize local zoning policies by creating an appealing avenue for development inconsistent with the overall county land use plans. During a vigorous development climate, builders frustrated by limitations of countyimposed laws such as Adequate Public Facilities Ordinances may see a new incorporation path as an avenue to skirt those limitations, and HB 768 could advance that. The result could be overcrowding in school facilities and unmanageable burdens on public safety, infrastructure, and other county services.
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