Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-6515A. Transfer of development rights. (1) Any city or county governing body may, by ordinance and following notice and hearing procedures provided for under section 67-6509, Idaho Code, create development rights and establish procedures authorizing landowners to voluntarily t…

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 t…

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…

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, pedes…

67-6519. application granting process. (1) As part of ordinances required or authorized under this chapter, a procedure shall be established for processing in a timely manner applications for zoning changes, subdivisions, variances, special use permits and such other applications…

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 If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in sectio…

67-6521. Actions by affected persons. (1) (a) As used herein, an affected person shall mean one having a bona fide interest in real property which may be adversely affected by: (i) The approval, denial or failure to act upon an application for a subdivision, variance, special use…

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 relate…

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 classe…

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 …

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 commissio…

67-6526. Areas of impact. (1) Legislative findings and intent. (a) The legislature finds that areas of impact are properly under the jurisdiction of the county because the elected representatives of citizens in areas of impact are county officials, not city officials. While citie…

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 t…

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 implemen…

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 …

67-6529A. Short title. This act shall be referred to as the "Site Advisory Team Suitability Determination Act."

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…

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 CAF…

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…

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 ad…

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 count…

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…

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 doll…

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…

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 supervise…

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 resident…

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…

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.

67-6535. Approval or denial of any application to be based upon EXPRESS standards and to be in writing. (1) The approval or denial of any application required or authorized pursuant to this chapter shall be based upon standards and criteria which shall be set forth in the compreh…

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 t…

67-6537. Use of surface and ground water. (1) 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 wat…

67-6538. Use for designed purpose protected — When vacancy occurs. (1) No rights or authority granted pursuant to this chapter shall be construed to empower a city or county to enact any ordinance or resolution which deprives an owner of the right to use improvements on private p…

67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS. (1) Neither a county nor a city shall enact or enforce any ordinance that has the express or practical effect of prohibiting any type of short-term rentals in the county or city. A county or city may enact or enforce such …

67-6540. SITING OF TELECOMMUNICATIONS FACILITIES AND BROADBAND INFRASTRUCTURE. (1) A city, county, or highway district shall approve, approve with modification, or deny a siting application for a telecommunications or cable service facility, for telecommunications or cable equipm…

67-6541. accessory dwelling units. (1) No city shall enact or enforce any ordinance, rule, regulation, or policy that bans accessory dwelling units in any residential zoning area within its jurisdiction. An accessory dwelling unit shall be classified as a residential land use for…

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6541 [67-6542]. starter home subdivisions. (1) No city shall enact or enforce any ordinance within its jurisdiction that bans starter home subdivisions in any residential zoning area. "Starter home …

67-6601. Purpose of chapter. The purpose of this chapter is: (1) To promote public confidence in government; and (2) To promote openness in government and to promote transparency by those giving financial support to election campaigns and those promoting or opposing legislation o…

67-6602. Definitions. As used in this chapter, the following terms have the following meanings: (1) "Candidate" means an individual who seeks nomination, election, or reelection to public office and who has taken any of the following actions: (a) Announced the individual’s candid…

67-6603. Appointment of political treasurer. (a) Each candidate and political committee shall appoint a political treasurer and certify the full name and complete address of the political treasurer to the secretary of state. A political treasurer so appointed shall be a registere…

67-6604. Duties of political treasurer. (1) The political treasurer for each candidate or political committee shall serve as the official point of contact for the secretary of state for any candidate’s campaign and for any political committee. (2) The political treasurer for each…

67-6605. Contributions obtained by a political committee. Contributions shall not be obtained for a political committee by use of coercion or physical force, by making a contribution a condition of employment or membership, or by using or threatening to use job discrimination or …

67-6606. Expenditures by nonbusiness entity. (1) Any nonbusiness entity that is not a political committee as defined in section 67-6602, Idaho Code, making expenditures in or directed to voters in the state of Idaho in an amount exceeding one thousand dollars ($1,000) in any cale…

67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES AND POLITICAL COMMITTEES. (1) Each candidate or the political treasurer for each candidate, and each political committee or the political treasurer of each political committee, shall file with the secretary of state…

67-6608. SPECIAL PROVISION FOR certain ELECTIONS AND MEASURES. (1) The political treasurer for a candidate for a judicial office or a local government office, or for a political committee that is specifically designated to support or oppose a candidate or local ballot measure, is…

67-6609. STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE. If no contribution is received or expenditure made by or on behalf of a candidate or political committee during a period described in section 67-6607, Idaho Code, the political treasurer for the candidate or political commi…

67-6610. Contribution in excess of fifty dollars. (a) Any person who contributes more than fifty dollars ($50.00) (including one or more smaller contributions which aggregate more than fifty dollars ($50.00) in any one calendar year) to a candidate or political committee shall ac…