reglab/housing_qa huggingface dataset:
ID Code § 67-6529 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529 - APPLICABILITY TO AGRICULTURAL LAND — COUNTIES MAY REGULATE SITING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES.

67-6529. APPLICABILITY TO AGRICULTURAL LAND — COUNTIES MAY REGULATE SITING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby shall be construed to empower a board of county commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product. Agricultural land shall be defined by local ordinance or resolution. (2) Notwithstanding any provision of law to the contrary, a board of county commissioners shall enact ordinances and resolutions to regulate the siting of large confined animal feeding operations and facilities, as they shall be defined by the board, provided however, that the definition of a confined animal feeding operation shall not be less restrictive than the definition contained in section 67-6529C, Idaho Code, including the approval or rejection of sites for the operations and facilities. At a minimum, a county’s ordinance or resolution shall provide that the board of county commissioners shall hold at least one (1) public hearing affording the public an opportunity to comment on each proposed site before the siting of such facility. Several sites may be considered at any one (1) public hearing. Only members of the public with their primary residence within a one (1) mile radius of a proposed site may provide comment at the hearing. However, this distance may be increased by the board. A record of each hearing and comments received shall be made by the board. The comments shall be duly considered by the board when deciding whether to approve or reject a proposed site. A board of county commissioners may reject a site regardless of the approval or rejection of the site by a state agency.  History: [67-6529, added I.C., sec. 67-6529, as added by 1975, ch. 188, sec. 2, p. 515; am. 2000, ch. 217, sec. 1, p. 605; am. 2003, ch. 297, sec. 1, p. 805.]
ID Code § 67-6529A (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529A - SHORT TITLE.

67-6529A. SHORT TITLE. This act shall be referred to as the "Site Advisory Team Suitability Determination Act."  History: [67-6529A, added 2001, ch. 381, sec. 1, p. 1336.]
ID Code § 67-6529B (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.

67-6529B. LEGISLATIVE FINDINGS AND PURPOSES. The legislature finds that: (1) Confined animal feeding operations increase social and environmental impacts in areas where these facilities are located; (2) The siting of confined animal feeding operations is a complex and technically difficult undertaking requiring assistance to counties and other units of local government as they exercise their land use planning authority; (3) It is in the interest of the state of Idaho that state departments and agencies use their particular expertise to assist counties and other local governments in the environmental evaluation of appropriate sites for confined animal feeding operations.  History: [67-6529B, added 2001, ch. 381, sec. 2, p. 1337.]
ID Code § 67-6529C (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529C - DEFINITIONS.

67-6529C. DEFINITIONS. As used in this act, the following definitions shall apply: (1) "CAFO," also referred to as "concentrated animal feeding operation" or "confined animal feeding operation," means, for those counties that have requested a site suitability determination, a CAFO as defined in the applicable ordinance of the county wherein the CAFO is located. If the requesting county has not defined CAFO in its ordinances, CAFO means a lot or facility where the following conditions are met: (a) Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in any twelve-month period; (b) Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility; and (c) The lot or facility is designed to confine or actually does confine as many as or more than the numbers of animals specified in any of the following categories: seven hundred (700) mature dairy cows, whether milked or dry; one thousand (1,000) veal calves; one thousand (1,000) cattle other than mature dairy cows or veal calves; two thousand five hundred (2,500) swine each weighing fifty-five (55) pounds or more; ten thousand (10,000) swine each weighing less than fifty-five (55) pounds; five hundred (500) horses; ten thousand (10,000) sheep or lambs; or eighty-two thousand (82,000) chickens. Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes; (2) "CAFO site advisory team" shall mean representatives of the Idaho state department of agriculture, Idaho department of environmental quality and Idaho department of water resources who review a site proposed for a CAFO, determine environmental risks and submit a suitability determination to a county. The department of agriculture shall serve as the lead agency for the team; (3) "Environmental risk" shall mean that risk to the environment deemed posed by a proposed CAFO site, as determined and categorized by the CAFO site advisory team and set forth in the site advisory team’s suitability determination report; (4) "Suitability determination" shall mean that document created and submitted by the CAFO site advisory team after review and analysis of a proposed CAFO site that identifies the environmental risk categories related to a proposed CAFO site, describes the factors that contribute to the environmental risks and sets forth any possible mitigation of risk.  History: [67-6529C, added 2001, ch. 381, sec. 3, p. 1337; am. 2006, ch. 218, sec. 1, p. 653; am. 2011, ch. 180, sec. 1, p. 511.]
ID Code § 67-6529D (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529D - ODOR MANAGEMENT PLANS — COUNTY REQUEST FOR SUITABILITY DETERMINATION — LOCAL REGULATION.

67-6529D. ODOR MANAGEMENT PLANS — COUNTY REQUEST FOR SUITABILITY DETERMINATION — LOCAL REGULATION. (1) Counties may require an applicant for siting of a CAFO to submit an odor management plan as part of their application. (2) A board of county commissioners considering the siting of a CAFO may request the director of the department of agriculture to form a CAFO site advisory team to provide a suitability determination for the site. (3) This act does not preempt local regulation of a CAFO.  History: [67-6529D, added 2001, ch. 381, sec. 4, p. 1338.]
ID Code § 67-6529E (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.

67-6529E. PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST. (1) A board of county commissioners shall submit its request for a suitability determination by a site advisory team in writing to the director of the department of agriculture and shall support its request by the adoption of a resolution. (2) Information in the request shall include, but not be limited to, the county’s definition of "CAFO" as set forth in any applicable county ordinance, the relevant legal description and address of a proposed facility, the actual animal capacity of the facility, the types of animals to be confined at the proposed facility, all information related to water and water rights of the facility, any relevant vicinity maps and any other information relevant to the site that will assist the site advisory team in issuing its suitability determination. The board of county commissioners shall also provide the site advisory team with a copy of the odor management plan for the CAFO, if required to be submitted by the site applicant at the time of application.  History: [67-6529E, added 2001, ch. 381, sec. 5, p. 1338; am. 2006, ch. 218, sec. 2, p. 654; am. 2011, ch. 180, sec. 2, p. 512.]
ID Code § 67-6529F (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529F - DEPARTMENT RESPONSIBILITIES — AUTHORITY TO ADOPT RULES AND CONTRACT WITH OTHER AGENCIES.

67-6529F. DEPARTMENT RESPONSIBILITIES — AUTHORITY TO ADOPT RULES AND CONTRACT WITH OTHER AGENCIES. (1) Upon the request of a board of county commissioners, the director of the department of agriculture shall form and chair a site advisory team specific to the request of the county. The director of the department of environmental quality and the director of the department of water resources shall provide full cooperation in the formation of the site advisory team. (2) The CAFO site advisory team shall review the information provided by the county and shall visit the site as may be necessary in the judgment of the team. (3) Within thirty (30) days of receiving the request for a suitability determination by a board of county commissioners, the CAFO site advisory team shall issue a written suitability determination and provide a copy in writing to the board of county commissioners that requested the review. (4) Any director responsible for carrying out the purposes of this act may adopt administrative rules necessary or helpful to carry out those purposes. (5) Any director responsible for carrying out the purposes of this act may enter into contracts, agreements, memorandums and other arrangements with federal, state and local agencies to carry out the purposes of this act.  History: [67-6529F, added 2001, ch. 381, sec. 6, p. 1338.]
ID Code § 67-6529G (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.

67-6529G. REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION. The board of county commissioners requesting the suitability determination, upon receipt of the written suitability determination report by the CAFO site advisory team, may use the report as the county deems appropriate.  History: [67-6529G, added 2001, ch. 381, sec. 7, p. 1339.]
ID Code § 67-6529H (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.

67-6529H. SITE SUITABILITY DETERMINATION — APPLICATION FEES. (1) The board of county commissioners shall collect a CAFO site suitability fee from each applicant that will require a suitability determination by the site advisory team. The fee shall be one thousand two hundred dollars ($1,200) plus mileage and per diem calculated based on distance traveled from the department of agriculture’s Boise office to the proposed CAFO site. Mileage and per diem shall not exceed the established state rate existing at the time of the suitability determination. (a) The board of county commissioners requesting the suitability determination shall forward the CAFO site suitability fee to the department of agriculture at the time of the request; (b) Whenever the cost of the suitability determination is less than one thousand two hundred dollars ($1,200) plus per diem and mileage, the difference shall be refunded to the applicant by the department of agriculture; (c) The department of agriculture shall distribute the fee to the site advisory team on a pro rata basis according to time spent by team members on the suitability determination. (2) Any applicant subject to the butterfat assessment pursuant to section 37-407, Idaho Code, following the issuance of a permit is hereby exempt from paying the CAFO site suitability fee. (3) Any applicant subject to a brand inspection fee pursuant to section 25-1160, Idaho Code, is exempt from paying the CAFO site suitability fee.  History: [67-6529H, added 2011, ch. 180, sec. 3, p. 512.]
ID Code § 67-6530 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6530 - DECLARATION OF PURPOSE.

67-6530. DECLARATION OF PURPOSE. The legislature declares that it is the policy of this state that persons with disabilities or elderly persons are entitled to live in normal residential surroundings and should not be excluded therefrom because of their disability or advanced age, and in order to achieve statewide implementation of such policy it is necessary to establish the statewide policy that the use of property for the care of eight (8) or fewer persons with disabilities or elderly persons is a residential use of such property for the purposes of local zoning.  History: [67-6530, added 1979, ch. 319, sec. 1, p. 858; am. 1993, ch. 18, sec. 1, p. 70; am. 2010, ch. 235, sec. 61, p. 600.]
ID Code § 67-6531 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6531 - SINGLE FAMILY DWELLING.

67-6531. SINGLE FAMILY DWELLING. (1) For the purpose of any zoning law, ordinance or code, the classification "single family dwelling" shall include any group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity. (2) Resident staff, if employed, need not be related to each other or to any of the persons with disabilities or elderly persons residing in the group residence. (3) No more than two (2) of such staff shall reside in the dwelling at any one time.  History: [67-6531, added 1979, ch. 319, sec. 1, p. 858; am. 1993, ch. 18, sec. 2, p. 70; am. 2008, ch. 123, sec. 1, p. 342; am. 2010, ch. 235, sec. 62, p. 600.]
ID Code § 67-6532 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.

67-6532. LICENSURE, STANDARDS AND RESTRICTIONS. (1) The department of health and welfare may require group residences, as defined in section 67-6531, Idaho Code, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the residential or assisted living facility rules, or under the intermediate care facilities for people with intellectual disabilities or related conditions rules, or under rules specifically written for such group residences. (2) No conditional use permit, zoning variance, or other zoning clearance shall be required of a group residence, as defined in section 67-6531, Idaho Code, which is not required of a single family dwelling in the same zone. (3) No local ordinances or local restrictions shall be applied to or required for a group residence, as defined in section 67-6531, Idaho Code, which is not applied to or required for a single family dwelling in the same zone. (4) The limitations provided for in subsections (2) and (3) of this section shall not apply to tenancy or planned tenancy in a group residence, as defined in section 67-6531, Idaho Code, by persons who are under the supervision of the state board of correction pursuant to section 20-219, Idaho Code, or who are required to register pursuant to chapter 83 or 84, title 18, Idaho Code, or whose tenancy would otherwise constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.  History: [67-6532, added 1979, ch. 319, sec. 1, p. 859; am. 1989, ch. 193, sec. 17, p. 489; am. 1993, ch. 18, sec. 3, p. 71; am. 2000, ch. 274, sec. 154, p. 892; am. 2008, ch. 123, sec. 2, p. 342; am. 2010, ch. 235, sec. 63, p. 600.]
ID Code § 67-6533 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.

67-6533. LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS. (a) From and after January 1, 1980, no person or entity shall own or operate any store, shop or business which sells or rents any materials defined as obscene materials in section 18-4101, Idaho Code, within twenty-five hundred (2500) feet of any school, church, or place of worship measured in a straight line to the nearest entrance to the premises. (b) From and after January 1, 1980, no person or entity shall own or operate any store, shop or business which sells or rents any materials defined in subsection 1 of section 18-1515, Idaho Code, where such materials constitute ten percent (10%) or more of the printed materials held for sale or rent of such store, shop or business, within twenty-five hundred (2500) feet of any school, church, or place of worship measured in a straight line to the nearest entrance to the premises. (c) From and after the effective date of this act, a violation of subsection (a) or subsection (b) of this section shall be a misdemeanor. (d) A judge of a court of competent jurisdiction shall immediately issue a temporary restraining order for a violation of subsection (a) or subsection (b) of this section upon application therefore [therefor] by any public or private entity or person and upon compliance with the Idaho rules of civil procedure, except that no bond or security for the issuance of such restraining order shall be required. Further, a violation of subsection (a) or subsection (b) of this section shall subject the person and entities therefore [therefor] to a preliminary and permanent order of any court of this state enjoining them from such violation and no bond or security shall be required from the plaintiff or applicant therefore [therefor]. (e) No entity, public or private, nor any person shall be liable for any damages, costs or attorney fees for any acts attempting to civilly or criminally enforce this section. (f) Nothing contained in this section shall preempt or prohibit cities or counties from regulating or restricting the location of the business activity described in this section and cities and counties are hereby specifically authorized to so regulate or restrict the location of said business activity.  History: [67-6533, added 1980, ch. 82, sec. 1, p. 181.]
ID Code § 67-6534 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6534 - ADOPTION OF HEARING PROCEDURES.

67-6534. ADOPTION OF HEARING PROCEDURES. The governing board shall, by ordinance or resolution, adopt procedures for the conduct of public hearings. At a minimum such hearing procedures shall provide an opportunity for all affected persons to present and rebut evidence.  History: [67-6534, added 1982, ch. 129, sec. 1, p. 371; am. 1999, ch. 396, sec. 16, p. 1111.]
ID Code § 67-6536 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6536 - TRANSCRIBABLE RECORD.

67-6536. TRANSCRIBABLE RECORD. In every case in this chapter where an appeal is provided for, a transcribable verbatim record of the proceeding shall be made and kept for a period of not less than six (6) months after a final decision on the matter. The proceeding envisioned by this statute for which a transcribable verbatim record must be maintained shall include all public hearings at which testimony or evidence is received or at which an applicant or affected person addresses the commission or governing board regarding a pending application or during which the commission or governing board deliberates toward a decision after compilation of the record. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense. The governing board and commission shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.  History: [67-6536, added 1982, ch. 129, sec. 3, p. 372; am. 1999, ch. 396, sec. 18, p. 1111.]
ID Code § 67-6537 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 65 - LOCAL LAND USE PLANNING|Section 67-6537 - USE OF SURFACE AND GROUND WATER.

67-6537. USE OF SURFACE AND GROUND WATER. (1) The intent of this section is to encourage the use of surface water for irrigation. All applicants proposing to make land use changes shall be required to use surface water, where reasonably available, as the primary water source for irrigation. Surface water shall be deemed reasonably available if: (a) A surface water right is, or reasonably can be made, appurtenant to the land; (b) The land is entitled to distribution of surface water from an irrigation district, canal company, ditch users association, or other irrigation delivery entity, and the entity’s distribution system is capable of delivering the water to the land; or (c) An irrigation district, canal company, or other irrigation delivery entity has sufficient available surface water rights to apportion or allocate to the land and has a distribution system capable of delivering the water to the land. (2) Consistent with sections 42-108 and 42-222, Idaho Code, any change in the nature of use of surface water provided by an irrigation delivery entity must be authorized by the entity holding the water right(s) for the available surface water. Nothing in this section shall alter the authority and discretion of irrigation delivery entities to apportion, allocate and distribute surface water, or for municipalities, counties, or water and sewer districts to pass ordinances or regulations to promote the use of surface water for irrigation. (3) Nothing in this section shall be construed to override or amend any provision of title 42 or 43, Idaho Code, or impair any rights acquired thereunder. (4) When considering amending, repealing or adopting a comprehensive plan, the local governing board shall consider the effect the proposed amendment, repeal or adoption of the comprehensive plan would have on the source, quantity and quality of ground water in the area.  History: [67-6537, added 1989, ch. 421, sec. 3, p. 1033; am. 2005, ch. 338, sec. 1, p. 1056.]