Cities are authorized under KSA 12-715b et seq. and KSA 12-754(a) to adopt zoning regulations affecting land located outside the city but within three miles of its boundaries, or one-half the distance to another city if that distance is less than three miles. This is colloquially referred to as “extraterritorial zoning” or the “three-mile zone.” The city may do so only if the board of county commissioners has not adopted zoning regulations for the extraterritorial zone, and if the city meets certain requirements. Such authorization is not extended to zoning parcels of agricultural land in excess of three acres under one ownership.
City and county planning commission requirements of KSA 12-741 et seq. also apply.
City Requirements for Extraterritorial Zoning
Planning Commission
First, the city must establish a planning commission. If the planning commission is for the city alone, the membership of this commission must include two members residing in the extraterritorial zone. Alternatively, the city may be part of a joint metropolitan or joint regional planning commission in cooperation with the county in which the city is located (KSA 12-715b(a) and KSA 12-744(a)).
Comprehensive Plan
One of the planning commissions established as described above must adopt a comprehensive plan to be approved by the city governing body or the board of county commissioners.
The planning commission is authorized to make comprehensive surveys and studies of past and present conditions and trends relating to any element deemed necessary to the comprehensive plan. The proposed plan must show the commission’s recommendations, including:
- The general location, extent, and relation of the use of land;
- Population and building intensity standards and restrictions and their application;
- Public facilities, including transportation facilities of all types relating to the transport of persons or goods;
- Public improvement programming based upon determination of urgency;
- The major sources and expenditure of public revenue, including long-range financial plans for the financing of public facilities and capital improvements;
- Utilization and conservation of natural resources; and
- Any other element deemed necessary to the proper development or redevelopment of the area.
Before adoption or amendment of a comprehensive plan, the planning commission must hold a public hearing, notice of which must be published at least once in the official newspaper at least 20 days prior to the date of the hearing.
Upon adoption of the appropriate resolution by a majority vote of all members of the planning commission, the comprehensive plan is submitted to the appropriate governing body.
A planning commission must review or reconsider its plan at least once each year.
For a city to exercise its extraterritorial zoning authority, the comprehensive plan recommended by the planning commission must be approved by the city governing body or the board of county commissioners (KSA 12-715b(b)).
Notification of County Commission
The final step for a city to utilize extraterritorial zoning is to notify the board of county commissioners in writing 60 days before initiating zoning regulations by ordinance of the city’s intention to do so.
At any point in the city’s process of extraterritorial zoning, including after adopting zoning regulations by ordinance, if the board of county commissioners adopts zoning regulations governing the same tracts of land in accordance with statute, all city zoning regulations and authority to adopt zoning regulations for land outside the city must cease on the date the county places such zoning regulations in effect.
Recent Legislation Addressing Extraterritorial Zoning
2025 HB 2025 and SB 37; 2023 HB 2150
2025 HB 2025 and SB 37 were mirror bills introduced by the House Committee on Federal and State Affairs and the Senate Committee on Federal and State Affairs, both at the request of committee members. The bills would rescind a city planning commission’s authority to apply subdivision regulations to land in the extraterritorial zone with extraterritorial zoning regulations. The bills would also repeal statutes providing for the extraterritorial zoning process for cities and providing that all city zoning regulations and authority to adopt zoning regulations for land outside city limits shall cease and terminate as to any tracts of land lying within such area on the date the county places in effect zoning regulations governing the same tracts of land in accordance with statute.
HB 2025 was referred to the House Committee on Local Government and was heard on January 29, 2025. SB 37 was referred to the Senate Committee on Local Government, Transparency, and Ethics and received a hearing on January 30, 2025. Both bills remain in committee for the start of the 2026 session.
2023 HB 2150, which had the same provisions, was introduced by 26 representatives. It received a hearing and died in committee.
2020 SB 248
2020 SB 248 would have directed the governing body of any city or county that proposes to enter an interlocal cooperation agreement with a city or county regarding a city establishing extraterritorial zoning or subdivision regulations to hold a public hearing on the proposed agreement. The bill would have provided for notice of the hearing to be given in a specified manner.
Additionally, the bill would have added a step for cities to hold a public hearing specifically on the proposal of extraterritorial zoning in order to exercise their authority to adopt zoning regulations affecting the extraterritorial zone. The bill would have provided for notice of the hearing to be given in specified manner.
Further, the bill would have directed city planning commissions to mail notice to all owners of record in an unincorporated area affected by proposed subdivision regulations and cities to hold public hearings on proposals of subdivision regulations.
By Jillian Kincaid and Matthew Willis.
See State and Local Government for more.