Sec 37-331.01. Designation of state lands as urban lands on request

A. The governing body of a city, town or county may request that the commissioner designate as urban lands state lands that are located within:

1. One mile of the corporate boundaries of an incorporated city or town having a population of less than two hundred fifty thousand people.

2. Three miles of the corporate boundaries of an incorporated city or town having a population of two hundred fifty thousand people or more.

B. The commissioner shall provide notice of a request made pursuant to subsection A of this section to all local governing bodies within three miles of the land in question.

C. The commissioner shall designate as urban lands those state lands requested pursuant to subsection A of this section unless the commissioner determines that the designation is an inappropriate categorization of the lands. When the commissioner makes a designation, he shall provide notice of the designation of the lands as urban lands to all local governing bodies within three miles of the lands so designated. If the commissioner determines that the designation would be inappropriate, he shall state in writing his reasons, and shall provide a copy of this statement to the requesting local governing body. The local governing body may appeal this decision to the board of appeals as provided in section 37-215.