reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6423 - ACT NOT A LIMITATION OF POWERS.

67-6423. ACT NOT A LIMITATION OF POWERS. Neither this act nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this act is cumulative to any such powers. This act does and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under the provisions of this act need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations. Contracts for the construction and acquisition of any facilities undertaken pursuant to this act need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of property by the state or a community college district. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this act.
History:
[67-6423, added 1974, ch. 111, sec. 23, p. 1263; am. 2003, ch. 349, sec. 5, p. 936.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6424 - INCONSISTENCY WITH OTHER LAWS.

67-6424. INCONSISTENCY WITH OTHER LAWS. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, specific or local, the provisions of this act shall be controlling.
History:
[67-6424, added 1974, ch. 111, sec. 25, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6501 - SHORT TITLE.

67-6501. SHORT TITLE. This act shall be known as the "Local Land Use Planning Act."
History:
[67-6501, added I.C., sec. 67-6501, as added by 1975, ch. 188, sec. 2, p. 515; am. 1995, ch. 181, sec. 2, p. 665; am. 1999, ch. 396, sec. 1, p. 1100.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6502 - PURPOSE.

67-6502. PURPOSE. The purpose of this act shall be to promote the health, safety and general welfare of the people of the state of Idaho as follows:
(a) To protect property rights while making accommodations for other necessary types of development such as low-cost housing and mobile home parks.
(b) To ensure that adequate public facilities and services are provided to the people at reasonable cost.
(c) To ensure that the economy of the state and localities is protected.
(d) To ensure that the important environmental features of the state and localities are protected.
(e) To encourage the protection of prime agricultural, forestry and mining lands and land uses for production of food, fiber and minerals, as well as the economic benefits they provide to the community.
(f) To encourage urban and urban-type development within incorporated cities.
(g) To avoid undue concentration of population and overcrowding of land.
(h) To ensure that the development on land is commensurate with the physical characteristics of the land.
(i) To protect life and property in areas subject to natural hazards and disasters.
(j) To protect fish, wildlife and recreation resources.
(k) To avoid undue water and air pollution.
(l) To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis.
(m) To protect public airports as essential community facilities that provide safe transportation alternatives and contribute to the economy of the state.
History:
[67-6502, added 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 1, p. 831; am. 1994, ch. 245, sec. 1, p. 764; am. 1999, ch. 396, sec. 2, p. 1100; am. 2011, ch. 89, sec. 1, p. 192; am. 2014, ch. 93, sec. 3, p. 254.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.

67-6503. PARTICIPATION OF LOCAL GOVERNMENTS. Every city and county shall exercise the powers conferred by this chapter.
History:
[67-6503, added I.C., sec. 67-6503, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.

67-6505. JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES. The boards of county commissioners of two (2) or more adjoining counties, alone or together with the council of one (1) or more cities therein, or the board of county commissioners of a county together with the council of one (1) or more cities within the county, or the councils of two (2) or more adjoining cities, are empowered to cooperate in the establishment of a joint planning, zoning, or planning and zoning commission, hereafter referred to as a joint commission, and may provide for participation by invitation of other public agencies deemed necessary to exercise the powers conferred in this chapter. The number of members of a joint commission, the method of appointment, and the allocation of costs for activities to be borne by the participating governing boards shall be agreed upon by the governing boards and agencies involved. A joint commission is further authorized and empowered to perform any of the duties for any local member’s governing board when the duties have been authorized by that member government.
History:
[67-6505, added I.C., sec. 67-6505, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.

67-6506. CONFLICT OF INTEREST PROHIBITED. A governing board creating a planning, zoning, or planning and zoning commission, or joint commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of a governing board, commission, or joint commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. For purposes of this section the term "participation" means engaging in activities which constitute deliberations pursuant to the open meeting act. No member of a governing board or a planning and zoning commission with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor.
History:
[67-6506, as added by 1975, ch. 188, sec. 2, p. 515; am. 1999, ch. 396, sec. 4, p. 1102; am. 2006, ch. 213, sec. 1, p. 644.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.

67-6507. THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION. As part of the planning process, a planning or zoning commission shall provide for citizen meetings, hearings, surveys, or other methods, to obtain advice on the planning process, plan, and implementation. The commission may also conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations. As part of the planning process, the commission shall endeavor to promote a public interest in and understanding of the commission’s activities.
The commission may, at any time, make recommendations to the governing board concerning the plan, planning process, or implementation of the plan.
With the consent of the owner, the commission and its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.
The commission may perform such additional duties as may be assigned by the governing board.
The commission shall have the right to seek judicial process, as may be necessary to enable it to fulfill its functions.
History:
[67-6507, added I.C., sec. 67-6507, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.

67-6509B. MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED. A city or a county shall not adopt or enforce zoning, community development or subdivision ordinance provisions which disallow the plans and specifications of a manufactured housing community solely because the housing within the community will be manufactured housing. Applications for development of manufactured home communities shall be treated the same as those for site-built homes. For purposes of this section, "manufactured housing community" means any site, lot or tract of land upon which ten (10) or more manufactured homes may be sited. The manufactured housing community may feature either fee simple land sales or land leased or rented by the homeowner.
History:
[67-6509B, added 1998, ch. 84, sec. 1, p. 293; am. 1999, ch. 396, sec. 7, p. 1105.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.

67-6510. MEDIATION — TIME LIMITATIONS TOLLED. (1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zoning commission or the governing board. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body.
(2) The applicant and any other affected persons objecting to the application shall participate in at least one (1) mediation session if mediation is requested by the commission or the governing board. The governing board shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one (1) mediation session if directed to do so by the governing board.
(3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one (1) mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty-eight (28) days from the date of such request.
(4) The mediation process may be undertaken pursuant to the general limitations established by this section or pursuant to local ordinance provisions not in conflict herewith.
(5) The mediation process shall not be part of the official record regarding the application.
History:
[67-6510, added 2000, ch. 199, sec. 2, p. 491.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6511A - DEVELOPMENT AGREEMENTS.

67-6511A. DEVELOPMENT AGREEMENTS. Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. Such commitments shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance. Unless modified or terminated by the governing board after a public hearing, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67-6509, Idaho Code. A commitment may be terminated, and the zoning designation upon which the use is based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined by the governing board or upon the failure of the owner; each subsequent owner or each other person acquiring an interest in the parcel to comply with the conditions in the commitment and after complying with the notice and hearing provisions of section 67-6509, Idaho Code. By permitting or requiring commitments by ordinance the governing board does not obligate itself to recommend or adopt the proposed zoning ordinance. A written commitment shall be deemed written consent to rezone upon the failure of conditions imposed by the commitment in accordance with the provisions of this section.
History:
[67-6511A, added 1991, ch. 146, sec. 1, p. 346; am. 1999, ch. 396, sec. 9, p. 1107.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6513 - SUBDIVISION ORDINANCE.

67-6513. SUBDIVISION ORDINANCE. Each governing board shall provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for standards and for the processing of applications for subdivision permits under sections 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. Fees established for purposes of mitigating the financial impacts of development must comply with the provisions of chapter 82, title 67, Idaho Code. Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.
History:
[67-6513, added I.C., sec. 67-6513, as added by 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 6, p. 836; am. 1999, ch. 396, sec. 11, p. 1109; am. 2003, ch. 142, sec. 3, p. 414.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.

67-6514. EXISTING ZONING OR SUBDIVISION ORDINANCES. A governing board, using any zoning or subdivision ordinance in existence on the effective date of this chapter, shall conduct a review of those ordinances and shall make necessary amendments in accordance with this chapter prior to January 1, 1978, following notice and hearing pursuant to section 67-6509, Idaho Code.
History:
[67-6514, added I.C., sec. 67-6514, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6515 - PLANNED UNIT DEVELOPMENTS.

67-6515. PLANNED UNIT DEVELOPMENTS. As part of or separate from the zoning ordinance, each governing board may provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for the processing of applications for planned unit development permits.
A planned unit development may be defined in a local ordinance as an area of land in which a variety of residential, commercial, industrial, and other land uses are provided for under single ownership or control. Planned unit development ordinances may include, but are not limited to, requirements for minimum area, permitted uses, ownership, common open space, utilities, density, arrangements of land uses on a site, and permit processing. Planned unit developments may be permitted pursuant to the procedures for processing applications for special use permits following the notice and hearing procedures provided in section 67-6512, Idaho Code. Denial of a planned unit development permit or approval of a planned unit development permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.
History:
[67-6515, added I.C., sec. 67-6515, as added by 1975, ch. 188, sec. 2, p. 515; am. 1999, ch. 396, sec. 12, p. 1109; am. 2003, ch. 142, sec. 4, p. 414.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.

67-6516. VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING. Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration and the manager or person in charge of the local airport if the variance could create an aviation hazard as defined in section 21-501, Idaho Code. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.
History:
[67-6516, added 1975, ch. 188, sec. 2, p. 515; am. 1999, ch. 396, sec. 13, p. 1109; am. 2003, ch. 142, sec. 5, p. 414; am. 2014, ch. 93, sec. 8, p. 260.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6517 - FUTURE ACQUISITIONS MAP.

67-6517. FUTURE ACQUISITIONS MAP. Upon the recommendation of the planning or planning and zoning commission each governing board may adopt, amend, or repeal a future acquisitions map in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code. The map shall designate land proposed for acquisition by a public agency for a maximum twenty (20) year period. Lands designated for acquisition may include land for:
(a) Streets, roads, other public ways, or transportation facilities proposed for construction or alteration;
(b) Proposed schools, airports, or other public buildings;
(c) Proposed parks or other open spaces; or
(d) Lands for other public purposes.
Upon receipt of a request for a permit as defined in this chapter, or a building permit as defined in a local ordinance, for a development on any lands designated upon the future acquisitions map, the zoning or planning and zoning commission or the governing board shall notify the public agency proposing to acquire the land. Within thirty (30) days of the date of that notice, the public agency may, in writing, request the commission or governing board to suspend consideration of the permit for sixty (60) days from the date of the request to allow the public agency to negotiate with the land owner to obtain an option to purchase the land, acquire the land, or institute condemnation proceedings as may be authorized in the Idaho Code. If the public agency fails to do so within the sixty (60) days, the commission or governing board shall resume consideration of the permit. Nothing in this chapter shall limit a governing board from adopting local ordinances as required or authorized which include lands on the future acquisitions map.
History:
[67-6517, added I.C., sec. 67-6517, as added by 1975, ch. 188, sec. 2, p. 515; am. 1994, ch. 90, sec. 1, p. 206.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6518 - STANDARDS.

67-6518. STANDARDS. Each governing board may adopt standards for such things as: building design; blocks, lots, and tracts of land; yards, courts, greenbelts, planting strips, parks, and other open spaces; trees; signs; parking spaces; roadways, streets, lanes, bicycleways, pedestrian walkways, rights-of-way, grades, alignments, and intersections; lighting; easements for public utilities; access to streams, lakes, and viewpoints; water systems; sewer systems; storm drainage systems; street numbers and names; house numbers; schools, hospitals, and other public and private development.
Standards may be provided as part of zoning, subdivision, planned unit development, or separate ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code.
Whenever the ordinances made under this chapter impose higher standards than are required by any other statute or local ordinance, the provisions of ordinances made pursuant to this chapter shall govern.
History:
[67-6518, added I.C., sec. 67-6518, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6520 - HEARING EXAMINERS.

67-6520. HEARING EXAMINERS. (1) Hearing examiners include professionally trained or licensed staff planners, attorneys, engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, hearing examiners may be appointed by a governing board or zoning or planning and zoning commission for hearing applications for subdivisions, special use permits, variances and requests for rezoning which are in accordance with the plan. Notice, hearing, and records before the examiner shall be as provided in this chapter for the zoning or planning and zoning commission. Whenever a hearing examiner hears an application, he may, pursuant to local ordinance, grant or deny the application or submit a recommendation to the governing board or zoning or planning and zoning commission. His decision or recommendation shall specify:
(a) The ordinance and standards used in evaluating the application;
(b) The reasons for the recommendation or decision; and
(c) The actions, if any, that the applicant could take to obtain an approval.
(2) Every final decision shall provide or be accompanied by notice to the applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all appellate remedies have been exhausted under local ordinance seek judicial review as provided by chapter 52, title 67, Idaho Code.
History:
[67-6520, added I.C., sec. 67-6520, as added by 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 7, p. 836; am. 1993, ch. 216, sec. 112, p. 678; am. 1996, ch. 150, sec. 1, p. 488; am. 1999, ch. 396, sec. 14, p. 1110; am. 2010, ch. 175, sec. 2, p. 360.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.

67-6522. COMBINING OF PERMITS — PERMITS TO ASSESSOR. Where practical, the governing board or zoning or planning and zoning commission may combine related permits for the convenience of applicants. State and federal agencies should make every effort to combine or coordinate related permits with the local governing board or commission. In no event shall the governing board by local ordinance enact provisions that abrogate the statutory authority of a public health district, state and/or federal agency. Appropriate permits as defined by local ordinance shall be forwarded to the county assessor.
History:
[67-6522, added 1975, ch. 188, p. 515; am. 2013, ch. 216, sec. 2, p. 509.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.

67-6523. EMERGENCY ORDINANCES AND MORATORIUMS. If a governing board finds that an imminent peril to the public health, safety, or welfare requires adoption of ordinances as required or authorized under this chapter, or adoption of a moratorium upon the issuance of selected classes of permits, or both, it shall state in writing its reasons for that finding. The governing board may then proceed without recommendation of a commission, upon any abbreviated notice of hearing that it finds practical, to adopt the ordinance or moratorium. An emergency ordinance or moratorium may be effective for a period of not longer than one hundred eighty-two (182) days. Restrictions established by an emergency ordinance or moratorium may not be imposed for consecutive periods. Further, an intervening period of not less than one (1) year shall exist between an emergency ordinance or moratorium and reinstatement of the same. To sustain restrictions established by an emergency ordinance or moratorium beyond the one hundred eighty-two (182) day period, a governing board must adopt an interim or regular ordinance, following the notice and hearing procedures provided in section 67-6509, Idaho Code.
History:
[67-6523, added I.C., sec. 67-6523, as added by 1975, ch. 188, sec. 2, p. 515; am. 2003, ch. 142, sec. 6, p. 415.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.

67-6524. INTERIM ORDINANCES AND MORATORIUMS. If a governing board finds that a plan, a plan component, or an amendment to a plan is being prepared for its jurisdiction, it may adopt interim ordinances as required or authorized under this chapter, following the notice and hearing procedures provided in section 67-6509, Idaho Code. The governing board may also adopt an interim moratorium upon the issuance of selected classes of permits if, in addition to the foregoing, the governing board finds and states in writing that an imminent peril to the public health, safety, or welfare requires the adoption of an interim moratorium. An interim ordinance or moratorium shall state a definite period of time, not to exceed one (1) calendar year, when it shall be in full force and effect. To sustain restrictions established by an interim ordinance or moratorium, a governing board must adopt a regular ordinance, following the notice and hearing procedures provided in section 67-6509, Idaho Code.
History:
[67-6524, added I.C., sec. 67-6524, as added by 1975, ch. 188, sec. 2, p. 515; am. 2003, ch. 142, sec. 7, p. 415.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.

67-6525. PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA. Prior to annexation of an unincorporated area, a city council shall request and receive a recommendation from the planning and zoning commission, or the planning commission and the zoning commission, on the proposed plan and zoning ordinance changes for the unincorporated area. Each commission and the city council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code. Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall amend the plan and zoning ordinance.
History:
[67-6525, added I.C., sec. 67-6525, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.

67-6527. VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT. A governing board may provide by ordinance for the enforcement of this chapter or any ordinance or regulation made pursuant to this chapter. A violation of any such ordinance or regulation may be declared a misdemeanor and the governing board may provide by ordinance for punishment thereof by fine or imprisonment or by both. Local ordinances adopted pursuant to authority granted by this chapter may be enforced by the imposition of infraction penalties. Except that where property has been made nonconforming by the exercise of eminent domain it shall not be a violation and no penalty, either civil or criminal, shall result. In addition, whenever it appears to a governing board that any person has engaged or is about to engage in any act or practice violating any provision of this chapter or an ordinance or regulation enacted pursuant to this chapter, the governing board may institute a civil action in the district court to enforce compliance with this chapter or any ordinance or regulation enacted hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or ordinance or regulation enacted hereunder, a permanent or temporary injunction, restraining order, or such other relief as the court deems appropriate shall be granted. The governing board shall not be required to furnish bond.
History:
[67-6527, added I.C., sec. 67-6527, as added by 1975, ch. 188, sec. 2, p. 515; am. 1999, ch. 396, sec. 15, p. 1110.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 65 - LOCAL LAND USE PLANNING › Section 67-6528 - APPLICABILITY OF ORDINANCES.

67-6528. APPLICABILITY OF ORDINANCES. The state of Idaho, and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law. In adoption and implementation of the plan and ordinances, the governing board or commission shall take into account the plans and needs of the state of Idaho and all agencies, boards, departments, institutions, and local special purpose districts. The provisions of plans and ordinances enacted pursuant to this chapter shall not apply to transportation systems of statewide importance as may be determined by the Idaho transportation board. The Idaho transportation board shall consult with the local agencies affected specifically on site plans and design of transportation systems within local jurisdictions. If a public utility has been ordered or permitted by specific order, pursuant to title 61, Idaho Code, to do or refrain from doing an act by the public utilities commission, any action or order of a governmental agency pursuant to titles 31, 50 or 67, Idaho Code, in conflict with said public utilities commission order, shall be insofar as it is in conflict, null and void if prior to entering said order, the public utilities commission has given the affected governmental agency an opportunity to appear before or consult with the public utilities commission with respect to such conflict.
History:
[67-6528, added I.C., sec. 67-6528, as added by 1975, ch. 188, sec. 2, p. 515.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]