A. All opinions required of public agencies or submitted by an Indian nation, tribe or pueblo shall be furnished to the board of county commissioners within thirty days after the public agencies or Indian nation, tribe or pueblo receives the written request and accompanying information from the board of county commissioners. If the board of county commissioners does not receive a requested opinion within the thirty-day period, the board shall proceed in accordance with its own best judgment concerning the subject of the opinion request. The failure of a public agency or Indian nation, tribe or pueblo to provide an opinion when requested by the board of county commissioners does not indicate that the subdivider's provisions concerning the subject of the opinion request were acceptable or unacceptable or adequate or inadequate.
B. Final plats submitted to the board of county commissioners for approval shall be approved or disapproved at a public meeting of the board of county commissioners within thirty days of the date the final plat is deemed complete.
C. If the board of county commissioners does not act upon a final plat within the required period of time, the subdivider shall give the board of county commissioners written notice of its failure to act. If the board of county commissioners fails to approve or reject the final plat within thirty days, the board of county commissioners shall, upon demand by the subdivider, issue a certificate stating that the final plat has been approved.
History: 1953 Comp., § 70-5-22, enacted by Laws 1973, ch. 348, § 22; 1981, ch. 148, § 6; 1995, ch. 212, § 23; 2009, ch. 65, § 4.
ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, added "or submitted by an Indian nation, tribe or pueblo" and "or Indian nation, tribe or pueblo".
The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 129 et seq.
73 C.J.S. Public Administrative Law and Procedure § 151.