Enabling statute

Missouri

Chapter 89, Zoning and Planning (Cities, Towns and Villages); and Chapter 64, County Planning—Zoning—Recreation—Natural Streams and Waterways

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Summary

Missouri does not zone at the state level; instead it delegates zoning power to local governments following the Standard State Zoning Enabling Act model. Municipal zoning authority is granted to the legislative bodies of all cities, towns, and villages under Chapter 89 RSMo (the operative grant of power is § 89.020.1, applied to all municipalities by § 89.010). County zoning authority over unincorporated areas is granted under Chapter 64 RSMo, which contains separate parallel grant-of-power articles keyed to county classification (e.g., § 64.090 and §§ 64.211–64.295 for first-class counties, §§ 64.510–64.690 and 64.800–64.910 for other counties); county zoning is generally adoptable at local option. Both the municipal and county grants use the classic "health, safety, morals or general welfare" enabling language. Charter (home-rule) counties and constitutional charter cities derive additional land-use authority from their charters under the Missouri Constitution.

The delegation

§ 89.020 RSMo. Powers of municipal legislative body. — 1. For the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body of all cities, towns, and villages is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the preservation of features of historical significance, and the location and use of buildings, structures and land for trade, industry, residence or other purposes. § 89.010 RSMo. Applicability of law. — 1. The provisions of sections 89.010 to 89.140 shall apply to all cities, towns and villages [in Missouri]. § 64.090 RSMo. Planning and zoning powers of county commission (certain counties of the first classification). — For the purpose of promoting health, safety, morals, comfort or the general welfare of the unincorporated portion of counties, to conserve and protect property and building values, to secure the most economical use of the land, and to facilitate the adequate provision of public improvements all in accordance with a comprehensive plan, the county commission in all counties of the first class, as provided by law, except in counties of the first class not having a charter form of government, is hereby empowered to regulate and restrict, by order, in the unincorporated portions of the county, the height, number of stories and size of buildings, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence or other purposes, including areas for agriculture, forestry and recreation.

Verification

Read the verification audit

Verified against the official Missouri Revisor of Statutes (revisor.mo.gov) and Justia (2025 MO Revised Statutes). (a) Citation is real and current: - Chapter 89 (Title VII, Cities, Towns and Villages), "Zoning and Planning," exists and is current (2025 RSMo). Title matches. - Chapter 64 (Title VI, County, Township and Political Subdivision Government), "County Planning—Zoning—Recreation—Natural Streams and Waterways," exists and is current. Title matches exactly. - Specific sections confirmed: § 89.010 (applies §§ 89.010–89.140 "to all cities, towns and villages in this state"), § 89.020 (powers of municipal legislative body). § 64.090 (planning/zoning powers of county commission), § 64.211 (county planning board, first-class non-charter counties), and the ranges §§ 64.211–64.295, 64.510–64.690, 64.800–64.910 all exist as live ranges in Chapter 64. The municipal range 89.010–89.491 is consistent with the chapter's span. (b) Genuinely the zoning enabling authority: - § 89.020.1 confirmed verbatim: "For the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body of all cities, towns, and villages is hereby empowered to regulate and restrict..." — this is the classic Standard State Zoning Enabling Act (SSZEA) grant. Not repealed; this is the operative municipal grant. - § 64.090 confirmed to empower county commissions to "regulate and restrict, by order, in the unincorporated portions of the county," using purpose language "health, safety, morals, comfort or the general welfare of the unincorporated portion of counties." This is the county-level enabling grant. Chapter 64's article structure is keyed to county classification as the claim states. (c) authority_model = county_and_municipal is accurate. Missouri does not zone at the state level; it delegates to municipalities (Ch. 89) and to counties for unincorporated areas (Ch. 64), with charter/home-rule counties and constitutional charter cities deriving additional authority from their charters. The SSZEA framing and "health, safety, morals or general welfare" characterization are correct. Minor note (not disqualifying): the claim implies § 64.090/§§ 64.211–64.295 are "for first-class counties." § 64.090 actually applies to first-class counties HAVING a charter form of government (and §§ 64.211–64.295 to first-class counties NOT having a charter form), so the parenthetical "(e.g., ... for first-class counties)" is a slight oversimplification of the class keying, but the overall structure and authority model are correct. Verified.