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H0693...................................................by LOCAL GOVERNMENT HIGHWAY DISTRICTS - SUBDIVISION PLATS - Amends existing law to provide for submission of subdivision plats to a highway district for review and recommendations, to provide the jurisdiction of the highway district with respect to subdivision plats, to provide that the city or county with appropriate jurisdiction to accept or approve the subdivision plat shall have final authority concerning approval of the plat and to provide that the highway district shall endorse the plat if the plat is approved by the city or county, to provide for submission of planned development, special or conditional use projects to the highway district for review and recommendations, to provide the jurisdiction of the highway district with respect to the project and to provide that the city or county shall have final authority concerning approval of the project. 02/13 House intro - 1st rdg - to printing 02/16 Rpt prt - to Loc Gov
H0693|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 693 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1310, IDAHO CODE, TO PRO- 3 VIDE FOR SUBMISSION OF SUBDIVISION PLATS TO THE HIGHWAY DISTRICT FOR 4 REVIEW AND RECOMMENDATIONS, TO PROVIDE THE JURISDICTION OF THE HIGHWAY 5 DISTRICT WITH RESPECT TO SUBDIVISION PLATS, TO PROVIDE THAT THE CITY OR 6 COUNTY WITH APPROPRIATE JURISDICTION TO ACCEPT AND APPROVE THE SUBDIVISION 7 PLAT SHALL HAVE FINAL AUTHORITY CONCERNING APPROVAL OF THE PLAT AND TO 8 PROVIDE THAT THE HIGHWAY DISTRICT SHALL ENDORSE THE PLAT IF THE PLAT IS 9 APPROVED BY THE CITY OR COUNTY, TO PROVIDE FOR SUBMISSION OF PLANNED 10 DEVELOPMENT, SPECIAL OR CONDITIONAL USE PROJECTS TO THE HIGHWAY DISTRICT 11 FOR REVIEW AND RECOMMENDATIONS, TO PROVIDE THE JURISDICTION OF THE HIGHWAY 12 DISTRICT WITH RESPECT TO THE PROJECT, AND TO PROVIDE THAT THE CITY OR 13 COUNTY SHALL HAVE FINAL AUTHORITY CONCERNING APPROVAL OF THE PROJECT; 14 AMENDING SECTION 40-1415, IDAHO CODE, TO PROVIDE FOR SUBMISSION OF PLANNED 15 DEVELOPMENT, SPECIAL OR CONDITIONAL USE PROJECTS TO A COUNTYWIDE HIGHWAY 16 DISTRICT FOR REVIEW AND RECOMMENDATIONS, TO PROVIDE THE JURISDICTION OF 17 THE HIGHWAY DISTRICT WITH RESPECT TO THE PROJECT AND TO PROVIDE THAT THE 18 CITY OR COUNTY SHALL HAVE FINAL AUTHORITY CONCERNING APPROVAL OF THE PROJ- 19 ECT, TO PROVIDE FOR REVIEW AND RECOMMENDATIONS OF SUBDIVISION PLATS BY THE 20 HIGHWAY DISTRICT, TO PROVIDE THE JURISDICTION OF THE HIGHWAY DISTRICT WITH 21 RESPECT TO SUBDIVISION PLATS, TO PROVIDE THAT THE CITY OR COUNTY WITH 22 APPROPRIATE JURISDICTION TO APPROVE THE SUBDIVISION PLAT SHALL HAVE FINAL 23 AUTHORITY CONCERNING APPROVAL OF THE PLAT, TO PROVIDE THAT THE HIGHWAY 24 DISTRICT SHALL ENDORSE THE PLAT IF THE PLAT IS APPROVED BY THE CITY OR 25 COUNTY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 50-1312, 26 IDAHO CODE, TO PROVIDE THAT THE HIGHWAY DISTRICT SHALL ENDORSE A SUBDIVI- 27 SION PLAT IF THE PLAT IS APPROVED BY THE CITY OR COUNTY WITH APPROPRIATE 28 JURISDICTION. 29 Be It Enacted by the Legislature of the State of Idaho: 30 SECTION 1. That Section 40-1310, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The 33 commissioners of a highway district have, except as provided in section 34 40-1323, Idaho Code, exclusive general supervision and jurisdiction over all 35 highways within their highway system, with full power to construct, maintain, 36 repair and improve all highways within their highway system, whether directly 37 or by their own agents and employees or by contract. Except as otherwise pro- 38 vided in this chapter in respect to the highways within their highway system, 39 a highway district shall have all of the powers and duties that would by law 40 be vested in the commissioners of the county and in the district directors of 41 highways if the highway district had not been organized. Where any highway 42 within the limits of the highway district has been designated as a state high- 43 way, then the board shall have exclusive supervision, jurisdiction and control 2 1 over the designation, location, maintenance, repair and reconstruction of it. 2 The highway district shall have power to manage and conduct the business and 3 affairs of the district; establish and post speed and other regulatory signs; 4 make and execute all necessary contracts; have an office and employ and 5 appoint agents, attorneys, officers and employees as may be required, and pre- 6 scribe their duties and fix their compensation. Highway district commissioners 7 and their agents and employees have the right to enter upon any lands to make 8 a survey, and may locate the necessary works on the line of any highways on 9 any land which may be deemed best for the location. 10 (2) The highway district shall also have the right to acquire either by 11 purchase, or other legal means, all lands and other property necessary for the 12 construction, use, maintenance, repair and improvement of highways in their 13 system. The highway district may change the width or location, or straighten 14 lines of any highway in their system, and if in the constructing, laying out, 15 widening, changing, or straightening of any highways, it shall become neces- 16 sary to take private property, the district director of highways, with the 17 consent and on order of the highway district commissioners, shall cause a sur- 18 vey of the proposed highway to be made, together with an accurate description 19 of the lands required. He shall endeavor to agree with each owner of property, 20 resident of the county in which the district is situated, for the purchase of 21 a right-of-way over the lands included within the description. If the director 22 is able to agree with the owner of the lands, the highway district commission- 23 ers may purchase the land and pay for it out of the funds of the highway dis- 24 trict, and the lands purchased shall then be conveyed to the highway district 25 for the use and purpose of highways. 26 (3) Whenever the director of highways shall be unable to agree with any 27 person for the purchase of land, or that person shall be unknown or a nonresi- 28 dent of the county in which the highway district is situated, or a minor, or 29 an insane or incompetent person, the director shall have the right, subject to 30 the order of the highway district commissioners, to begin action in the name 31 of the highway district in the district court of the county in which the dis- 32 trict is situated, to condemn the land necessary for the right-of-way for the 33 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of 34 the highway district commissioners entered upon its minutes that the land 35 sought to be condemned is necessary for a public highway and public use shall 36 be prima facie evidence of the fact. 37 (4) The highway district has the power to contract for and pay out any 38 special rewards and bounties as may appear expedient or useful in securing 39 proper highway construction and maintenance, and to accept, on behalf of the 40 district, aid or contributions in the construction or maintenance of any high- 41 way; to construct or repair, with the consent of the corporate authorities of 42 any city within the district, any highway within a city, upon the division of 43 the cost as may be agreed upon; or to join with the state or any body politic 44 or political subdivision, or with any person in the construction or repair of 45 any highway and to contract for an equitable division of the cost; and all 46 counties, cities, highway districts and other bodies politic and political 47 subdivisions are authorized to contract with any highway district acting 48 through its highway district commissioners in exercise of the powers granted. 49 (5) The highway district has the power to receive highway petitions and 50 lay out, alter, create and abandon and vacate public highways and public 51 rights-of-way within their respective districts under the provisions of sec- 52 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public 53 highway, public street and/or public right-of-way is part of a platted subdi- 54 vision which lies within an established county/city impact area or within one 55 (1) mile of a city if a county/city impact area has not been established, con- 3 1 sent of the city council of the affected city, when the city has a functioning 2 street department with jurisdiction over the city streets, shall be necessary 3 prior to the granting of acceptance or vacation of said public street or pub- 4 lic right-of-way by the highway district board of commissioners. 5 (6) The highway district is empowered to take conveyance or other assur- 6 ances, in the name of the highway district, for all property acquired by it 7 under the provisions of this chapter for the purposes of this title. The high- 8 way district may institute and maintain any and all actions and proceedings, 9 suits at law and in equity, necessary or proper in order to carry out the 10 provisions of this chapter, or to enforce, maintain, protect or preserve any 11 and all rights, privileges and immunities provided in this chapter. In all 12 courts, actions, suits or proceedings, the highway district may sue, appear 13 and defend, in person or by attorneys, and in the name of the highway dis- 14 trict. 15 (7) The highway district is empowered to hold, use, acquire, sell, man- 16 age, occupy and possess property. The highway district may create highway 17 divisions, which must be carefully and distinctly defined and described. 18 Highway divisions may be altered, changed, created or modified by the highway 19 district commissioners, as the need requires. 20 (8) The highway district board of commissioners shall have the exclusive 21 general supervisory authority over all public highways, public streets and 22 public rights-of-way under their jurisdiction, with full power to establish 23 design standards, establish use standards, establish regulations in accordance 24 with the provisions of title 49, Idaho Code, and control access to said public 25 highways, public streets and public rights-of-way. 26 (9) All subdivision plats required to be submitted to the city or 27 the county for acceptance and approval under the provisions of chapter 13, 28 title 50, Idaho Code, shall be submitted to the highway district for review 29 and recommendations. The jurisdiction of the highway district shall be to 30 determine whether the subdivision plat complies with the duly enacted stan- 31 dards and policies of the highway district adopted pursuant to the authority 32 and within the subject matter of subsection (8) of this section. The recom- 33 mendations of the highway district shall be submitted to the city or county 34 with the appropriate jurisdiction to accept and approve the plat. The city or 35 county with appropriate jurisdiction shall have final authority concerning 36 approval of the plat. If the plat is approved by the city or county with 37 appropriate jurisdiction, the highway district shall endorse the plat, in 38 accordance with the provisions of section 50-1312, Idaho Code. 39 (10) Prior to the approval of any planned development, special or condi- 40 tional use projects subject to review by the highway district, the city or 41 county having jurisdiction thereof shall submit the project to the highway 42 district for review and recommendations. The jurisdiction of the highway dis- 43 trict shall be to determine whether the project complies with the duly enacted 44 standards and policies of the highway district adopted pursuant to the author- 45 ity and within the subject matter of subsection (8) of this section. The city 46 or county with the appropriate jurisdiction shall have final authority con- 47 cerning approval of the planned development, special or conditional use proj- 48 ect. 49 SECTION 2. That Section 40-1415, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 40-1415. RESPONSIBILITIES OF SINGLECOUNTY-WIDE52 COUNTYWIDE HIGHWAY DISTRICTS WITHIN CITIES -- FINAL DECISION ON URBAN 53 RENEWAL PROJECTS -- SETTLEMENT OF QUESTIONS. (1)County-wide4 1 Countywide highway districts organized under the provisions of 2 this chapter, within the limits of any city shall be responsible for the 3 design, construction, reconstruction and maintenance of city rights-of-way and 4 accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and 5 retaining walls. Within city rights-of-way, design, construction, reconstruc- 6 tion and maintenance shall include: 7 (a) Traffic and safety engineering for both motorist and pedestrian traf- 8 fic; 9 (b) Procurement and installation of highway lighting where it is primar- 10 ily of benefit to the motorist. Energy costs and maintenance of lighting 11 shall subsequently be a function of the city; 12 (c) Procurement, installation, operation and maintenance of traffic con- 13 trol devices where they are needed for traffic control; and 14 (d) Drainage where it is necessary for motorist safety or necessary for 15 right-of-way maintenance. 16 (2) Acquisition and acceptance of rights-of-way shall be the responsibil- 17 ity of thecounty-widecountywide highway district. 18 (3) In matters of urban renewal projects, the city involved shall make 19 the final decision concerning approval of the project based on the overall 20 plan of the city. Prior to approval of an urban renewal project, the city 21 shall submit the plan to the highway district for review and recommendations 22 in accordance with subsection (1) of this section. The highway district shall 23 submit its written recommendations with respect to the proposed urban renewal 24 plan to the city within thirty (30) days after receipt of the plan for review. 25 Upon receipt of the recommendations of the highway district, or if no recom- 26 mendations are received within thirty (30) days, then the city may proceed 27 without recommendations with the hearing on the proposed urban renewal proj- 28 ect, and the highway district shall be responsible, as between the city and 29 the highway district, for funding the district's responsibilities as provided 30 by subsection (1) of this section. Agreements entered into by a city pursuant 31 to an urban renewal project prior to dissolution of the city highway system 32 and organization of the successor highway district shall be binding upon the 33county-widecountywide highway district. 34 (4) The highway district shall be responsible for planning and location 35 of rights-of-way. In planning for and determining location of rights-of-way, 36 the highway district shall submit to the appropriate planning agency the pro- 37 posed location of the rights-of-way. In locating rights-of-way the highway 38 district shall take into consideration the comprehensive general plan of the 39 appropriate county or city planning agency. In planning for the location of 40 rights-of-way, the highway district shall comply with all appropriate provi- 41 sions of chapter 65, title 67, Idaho Code. 42 (5) Prior to the approval of any planned development, special or 43 conditional use projects subject to review by the highway district, the city 44 or county having jurisdiction thereof shall submit the project to the highway 45 district for review and recommendations. The jurisdiction of the highway dis- 46 trict shall be to determine whether the project complies with the duly enacted 47 standards and policies of the highway district adopted pursuant to the author- 48 ity and within the subject matter of subsection (1) of this section and sec- 49 tion 40-1310(8), Idaho Code. The city or county with the appropriate juris- 50 diction shall have final authority concerning approval of the planned develop- 51 ment, special or conditional use project. 52 (6) The city shall retain jurisdiction and responsibility for out- 53 standing local improvement district bonds or warrants sold or issued by the 54 city prior to dissolution of the city highway system and organization of the 55 successor highway district. 5 1 (67 ) All subdivision plats required to be sub- 2 mitted for acceptance and approval to the city and the county under the provi- 3 sions of chapter 13, title 50, Idaho Code, shall be submitted to the highway 4 district forconsideration for acceptance and approval as to continuity5of highway pattern, widths, drainage provisions, right-of-way construction6standards, traffic flow, the traffic volume demand occasioned by the proposed7subdivision either within or without the boundaries of the proposed subdivi-8sion, and other matters pertaining to the function of the highway district9review and recommendations. The jurisdiction of the highway dis- 10 trict shall be to determine whether the subdivision plat complies with the 11 duly enacted standards and policies of the highway district adopted pursuant 12 to the authority and within the subject matter of subsection (1) of this sec- 13 tion and section 40-1310(8), Idaho Code. The recommendations of the highway 14 district shall be submitted to the city or county with appropriate jurisdic- 15 tion to accept and approve the plat. The city or county with appropriate 16 jurisdiction shall have final authority concerning approval of the plat. If 17 the plat is approved by the city or county with appropriate jurisdiction, the 18 highway district shall endorse the plat, in accordance with the provisions of 19 section 50-1312, Idaho Code . 20 (78 ) Within the limits of any city, the city 21 may expend city funds for the placement, care and removal of trees, shrubs, 22 grass, and other plants, which are located within the rights - 23 of - way of any highway of thecounty-wide24 countywide highway district. 25 (89 ) A city, after advising the board of high- 26 way district commissioners of its intent, shall be responsible for the place- 27 ment, care and removal of any parking meters within the limits of any city, 28 and for the enforcement of ordinances regulating the use of parking meters, 29 which are located within the rights-of-way of any highway of thecounty-30widecountywide highway district. The city shall be enti- 31 tled to all of the revenues received from parking meters. 32 SECTION 3. That Section 50-1312, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-1312. EFFECT OF ACKNOWLEDGING AND RECORDING PLAT. The acknowledgment 35 and recording of such plat is equivalent to a deed in fee simple of such por- 36 tion of the premises platted as is on such plat set apart for public streets 37 or other public use, or as is thereon dedicated to charitable, religious or 38 educational purposes; provided, however, that in a county where a highway dis- 39 trict exists and is in operation no such plat shall be accepted for recording 40 by the county recorder unless the acceptance of said plat by the commissioners 41 of the highway district is endorsed thereon in writing. The highway dis- 42 trict shall endorse the plat if the plat is approved by the city or county 43 with appropriate jurisdiction, as provided in sections 40-1310 and 40-1415, 44 Idaho Code.
STATEMENT OF PURPOSE
RS 07859
There are over 201 cities, 44 counties and 64 highway
districts in Idaho. Any landowner who requests a land use
permit or permission to subdivide land must obtain permission
from the appropriate general purpose government (either a city
or a county, and sometimes both if the land is located in an
area of city impact). The landowner's request also may be
reviewed by a highway district, which is a special purpose
government with statutory authority granted by the
legislature.
Jurisdictional questions can arise. For example, a
highway district may improperly impose a land use decision
that properly falls within the jurisdiction of cities and
counties. This legislation will clarify the jurisdiction of
general purpose governments to make land use decisions.
This legislation will clarify the jurisdictional
authority of highway districts so as to avoid unnecessary
lawsuits, help ensure cooperation among governments and
expedite the local government land use process.
FISCAL NOTE
There is no fiscal impact to the general fund. This
legislation imposes no additional obligations upon the State
of Idaho or upon any units of local government and may save
money by avoiding unnecessary lawsuits.
CONTACT: JoAnn C Butler
607 N 8th Street
Boise, ID 83702 208-388-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 693