9-500.29. Federal and state regulations; local coordination; standing; definitions

A. If a city or town has laws, regulations, plans or policies that are less restrictive than a federal or state regulation, rule, plan or policy, the city or town shall demand by any lawful means that the federal or state government coordinate with the city or town before the federal or state government implements, enforces, expands or extends the federal or state regulation, rule, plan or policy within the city's or town's jurisdictional boundaries. This subsection is mandatory unless the city or town specifically votes to not demand coordination.

B. If the federal or state government fails to coordinate in good faith with the city or town, the city or town shall hold public hearings, consider the evidence and vote on whether to authorize litigation to enforce the city's or town's coordination rights.

C. If a person who resides or does business in this state serves each member of the city's or town's governing body with a written demand that the city or town comply with this section and, within sixty days after service of the written demand, the city or town governing body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. The written demand must specify the city or town law, regulation, plan or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response, the city or town shall hold a public hearing to present information on the decision not to demand coordination.

D. For the purposes of this section:

1. " Coordinate" means the action necessary to achieve coordination.

2. " Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state regulation, rule, plan or policy and a city or town law, regulation, plan or policy that is less restrictive than the federal or state regulation, rule, plan or policy.

3. " Less restrictive" means a city or town law, regulation, plan or policy imposes or would impose less of a burden on the exercise of rights, privileges or immunities enjoyed by individuals, organizations and businesses within the city's or town's jurisdictional boundaries.