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Land Use Planning Around Military Installations

Kansas H.B. 2445 of 2010 promotes communication, cooperation and collaboration between military installations and any municipality adjacent to or surrounding the military installation. The measure requires military installations to:

•  Notify and coordinate with municipalities regarding any development, project, or operational change that alters or amends a Joint Land Use Study (JLUS) area, Army Compatible Use Buffer (ACUB), Air Installation Compatible Use Zone (AICUZ), or Environmental Noise Management Plan (ENMP)
•  Notify each municipality of any change in the name, contact information, or other related information used for the purpose of communication between the military installation and municipality
•  Meet and coordinate, at least annually, with representatives of each municipality for the purpose of determining a “critical area” within an area of interest (JLUS, ACUB, AICUZ, or ENMP).

Defines a “critical area” to mean an area of interest where future use of such area is set through a coordinated effort between the municipality and military installation to avoid conflict with any military operation or the economic well being of the municipality. Each municipality adjacent to or surrounding a military installation would be required to: 
•  Meet and coordinate, at least annually, with the applicable active duty, National Guard, or Reserve commander to determine critical areas
•  Notify the applicable commander of any change in the name, contact information, or other related information used for the purpose of communication between the military installation and municipality
•  Provide notice to the applicable commander of the adoption of any regulation or amendment to a comprehensive planning document that affects any agreed-upon critical area. The notice would be provided at least 30 days prior to the adoption of such regulation or amendment. Approval of the change would be granted by the commander upon no response being issued to the municipality
•  Provide notice to allow commanders to assess changes to critical areas. The assessments would be offered within the statutorily required notice for public hearing
•  Review and coordinate comprehensive plans or zoning ordinances or regulations affecting any mutually agreed upon critical area
•  Consider the recommendations and studies provided by the military on the protection of public health, safety, and welfare for such plans, ordinances, or regulations. Also included are recommendations and studies on the maintenance of safe military operations and the sustainability of installation missions
•  Provide notice to individuals receiving a construction permit for improvements within a critical area indicating the land is near military training zone. (The exact language that would be required in the notice may be found in Section 2(b)(2)(J) of the bill.)

Additionally, municipalities would need to consider certain factors based upon information provided by military installations before making a decision regarding a development proposal within an agreed upon critical area. The factors needing consideration would be the potential release of substances into the air impairing or interfering with military operations (substances released through agricultural use would be exempted); electrical emissions interfering with certain communications and equipment; the potential of projects to attract birds or waterfowl, including the  operation of any sanitary landfill and the maintenance of any large scale feeding station; structures interfering with aircraft activity; noise levels; the potential for obstructed visibility or surveillance in relation to certain activities; and whether there will be a violation of stated Federal Aviation Administration guidelines.

Final decisions on all planning, development, zoning, and land use issues are to be made by each municipality.

H.B. 2445 of 2010

Uniform Conservation Easement Act: Kansas Statutes Annotated §58-3810 et seq. provides for the state’s Uniform Conservation Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.

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Kansas Land Trust (KLT): Donating a conservation easement to the KLT can provide significant economic support through federal income tax benefits, and sometimes through direct cash payments to a landowner.  

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Kansas Ranchland Trust (KRT): Donating a conservation easement to the KRT may allow for favorable tax provisions to donors. Qualified donated conservation easements may be eligible for income tax benefits as a charitable contribution. In addition, the value of land accompanied with a qualified conservation easement may help reduce estate tax obligations. 

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Property Tax Exemption for Renewable Energy Generation: Kansas offers opportunities for electricity production from renewable sources. The Kansas Legislature enacted a property tax exemption for projects that use wind, solar, thermal, photovoltaic, biomass, hydropower, geothermal or landfill gas resources to generate electrical energy. Kansas Statute 79-201 grants a property tax exemption for all property actually and regularly used in the generation of electricity from renewable sources, whether it is an industrial, commercial, utility or personal application. 

Statute

The Kansas Water Quality Buffer Initiative: Enacted by the 1998 Legislature by amending K.S.A. 2-1915, is an incentive program complementing the federal Conservation Reserve Program (CRP). State incentives supplement federal incentives to encourage the establishment of riparian forest buffers and vegetative filter strips. The DOC will enter into 10- to 15-year contracts, subject to annual appropriation, to compensate landowners for acres enrolled in the initiative. Supplemental payments offered under the initiative will match 30 to 50 percent of the federal payment, based on the type of vegetation planted. The initiative also provides property tax incentives for landowners statewide that enroll buffers adjacent to streams in the program. The state buffer eligible area now includes all high-priority TMDL (total maximum daily load) and federal drinking water reservoir watersheds in the state.

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The Wetlands Reserve Program (WRP) is a voluntary program to restore wetlands. Participating landowners can establish conservation easements of either permanent or 30-year duration, or can enter into restoration cost-share agreements where no easement is involved. In exchange for establishing a permanent easement, the landowner receives payment up to the agricultural value of the land and 100 percent of the restoration costs for restoring the wetlands.

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Eminent Domain Restrictions Resulting from the Kelo Decision
Kansas S.B. 323 of 2006 (2006 Sub. for SB 323) provides that on and after July 1, 2007, the taking of private property by eminent domain for the purpose of selling, leasing or transferring it to another private entity including takings under the tax increment financing law is not to be permitted unless the taking meets certain specifications.  
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Open Space/Conservation

Kansas Land Trust 
Kansas Land Trust partners with landowners, communities and other conservation organizations to protect Kansas’s most precious resources by conserving lands of ecological, agricultural, scenic, historical and cultural significance in Kansas. 

For example, in January 2006, Kansas Land Trust announced a new partnership with Fort Riley officials to offer landowners conservation easement purchase opportunities on 50,000 acres surrounding the Army base to provide a buffer between military activities and housing developments.

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Strong Military Bases Program (Economic Development Initiatives Fund)
The Strong Military Bases Program supports ongoing efforts of the Governor's Military Council to prevent the closure or downsizing of the state's military bases, which play an important role in the state's economy. The program also focuses on growing private sector industries in areas around the state's military bases. Kan. Stat. Ann. §79-4804; FY 2013: $100,000 from Economic Development Initiatives Fund for Strong Military Bases Program; $100,000 requested for FY 2014 and FY 2015. 

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Governor’s Military Council
Former Governor Kathleen Sebelius signed Executive Order 07-05 in May 2007 to revamp the Governor’s Military Council following the decommissioning of the Governor's Strategic Military Planning Commission. The Council is tasked with initiating, acting upon and considering all necessary strategies to:

•  “Optimize the military presence in Kansas through removal of operational impediments, increasing operating efficiencies, and recruitment/acquisition of new missions and force structure; 
•  Actively foster close, effective cooperation among the installations and public and private sectors throughout the state; 
•  Aggressively pursue initiatives to enhance the quality of life for all military personnel, active and retired; 
•  Promote Kansas as a desired location for all Department of Defense retirees; 
•  Assist in the transfer of technology between the military and the private sector to enhance the competitive posture of both in the national and global market; 
•  Explore and develop outreach opportunities for individuals retiring from military service to use their talents and skills as members of the Kansas workforce; 
•  Assist in the development, coordination and execution of strategy required by any future change in missions proposed by the Department of Defense.”

Executive Order 09-06
Executive Order 11-03
Governor's Military Council


State Contact Information

Military Liaison POC
Mr. John Armbrust, Executive Director 
Governor’s Military Council 
501 Poyntz Ave
Manhattan, Kansas 66502
(785) 776-8829
john@manhattan.org
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Adjutant General
Major General Lee Tafanelli, Adjutant General-
Adjutant General’s Department
2722 S. Topeka Blvd.
Topeka, Kansas 66611-1298
785-274-1190
785-274-1622 fax
lee.tafanelli@us.army.mil  
Lee.tafanelli@ks.ngb.army.mil

Kansas Military Advisory Board:
Contact phone: 785-274-1001

Members serving at the pleasure of the Governor:
Lt. Col. (Ret.) John R. Mettner
3336 S.W. Wanamaker Rd., 
Topeka 66614

Brig. Gen. (Ret.) Jonathan Small
1931 S.W. Indian Woods Ln.
Topeka 66611

Ronald E. Wurtz
2767 S.W. Plass Ave.
 Topeka 66611 
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Legislative Process Regarding Military POCs
The Committees of primary jurisdiction over military issues in the state of Kansas are the Senate and House Committees on Federal and State Affairs and the House Committee on Veterans, Military and Homeland Security.  In addition, a number of issues related to military affairs are handled by the Joint Committee on Kansas Security and the Joint Committee on Economic Development.  The Adjutant General serves as the primary point of contact to the State Legislature on military affairs issues.    

Committees of Primary Jurisdiction/Legislative Contact
Senate Committee on Federal and State Affairs
Senator Ralph Ostmeyer
State Capitol, Room 136-E
300 SW 10th Street
785-296-7399
Ralph.Ostmeyer@senate.ks.gov

House Committee on Federal and State Affairs 
Representative Steve Brunk, Chair
State Capitol, Room 149-S
300 SW 10th Street
Topeka, Kansas 66612
(785) 296-7645
steve.brunk@house.ks.gov

Joint Committee on Kansas Security
Representative Mario Goico, Chair
State Capitol, Room DSOB
300 SW 10th St.
Topeka Kansas 66612
(785) 296-7663
mario.goico@house.ks.gov

House Committee on Veterans, Military, and Homeland Security
Representative Mario Goico, Chair
State Capitol, Room DSOB
300 SW 10th St.
Topeka Kansas 66612
(785) 296-7663
mario.goico@house.ks.gov