[209E-13] Termination of enterprise zone. Upon designation of an area as an enterprise zone, the proposals for regulatory flexibility, tax incentives, and other public incentives specified in this chapter shall be binding upon the county governing body to the extent and for the period of time specified in the application for zone designation. If the county governing body is unable or unwilling to provide any of the incentives set forth in section 209E-12 or other incentives acceptable to the department, the enterprise zone shall terminate. Qualified businesses located in the enterprise zone shall be eligible to receive the state tax incentives provided by this chapter even though the zone designation has terminated. No business may become a qualified business after the date of zone termination. The county governing body may amend its application with the approval of the department; provided the county governing body proposes an incentive equal to or superior to the unamended application. [L 1986, c 78, pt of 1]


Attorney General Opinions


Qualified businesses located in new enterprise zone (EZ) would be eligible for state tax incentives for seven-year period set forth in 209E-10(a) and 209E-11, although a portion of that seven-year period extended beyond new EZ's five-year sunset date. Att. Gen. Op. 98-1.

Where new enterprise zone (EZ) was created legislatively by Act 262, L 1997, the Act did not require city and county to offer county-level incentives to qualified businesses in the new EZ. Att. Gen. Op. 98-1.



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