1999 Legislation
Print Friendly

HOUSE BILL NO. 351 – Subdivision/cnty/city comment/when

HOUSE BILL NO. 351

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0351......................................................by STATE AFFAIRS
SUBDIVISIONS - Amends existing law to allow cities to submit comments to a
county on proposed subdivisions which are within the jurisdiction of the
county and are situated within one mile outside the limits of the city.

03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Loc Gov
03/11    Rpt out - rec d/p - to 2nd rdg
    Rules susp - PASSED - 62-1-7
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
      Deal, Denney, Field(13), Field(20), Gagner, Gould, Hadley,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
      Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
      Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
      Williams, Zimmermann, Mr Speaker
      NAYS -- Wood
      Absent and excused -- Ellsworth, Geddes, Hammond, Mader, Meyer,
      Ridinger, Wheeler
    Floor Sponsor - Gagner
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to Loc Gov
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Ingram, Parry
    Floor Sponsor - Hawkins
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/29    Governor signed
         Session Law Chapter 391
         Effective: 03/29/99

Bill Text


H0351


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 351

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO PLATS AND VACATIONS; AMENDING SECTION 50-1306, IDAHO CODE, TO PRO-
 3        VIDE THAT COUNTIES WITH JURISDICTION SHALL TRANSMIT PROPOSED  PLATS  WHICH
 4        ARE  SITUATED WITHIN ONE MILE OUTSIDE THE LIMITS OF A CITY TO THE AFFECTED
 5        CITIES FOR COMMENT, TO PROVIDE THAT CITIES  SHALL  USE  THEIR  SUBDIVISION
 6        ORDINANCE  OR COMPREHENSIVE PLAN AS A GUIDELINE FOR COMMENT AND TO PROVIDE
 7        THAT COUNTIES SHALL CONSIDER ALL COMMENTS SUBMITTED  BY  CITIES  PRIOR  TO
 8        MAKING A DECISION REGARDING THE SUBDIVISION; AND DECLARING AN EMERGENCY.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section 50-1306, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        50-1306.  EXTRATERRITORIAL  AUTHORITY   EFFECTS OF  SUBDI-
13    VISION    --  PROPERTY WITHIN THE AREA OF CITY IMPACT  -- RIGHTS OF
14    CITY TO COMMENT . All plats situate within an officially designated area
15    of city impact as provided for in section 67-6526, Idaho Code, shall be admin-
16    istered in accordance with the provisions set forth in  the  adopted  city  or
17    county  zoning  and subdivision ordinances having jurisdiction.  In the situa-
18    tion where no area of city impact  has  been  officially  adopted,    the
19    county with jurisdiction shall transmit  all  proposed  plats
20    situate  within   one   (1)  mile   outside  the limits  of  any  incorporated
21    city  shall first be submitted to the said  city,  and  approved  by  the
22    council  of said city before the same shall be recorded   which has
23    adopted a comprehensive plan or subdivision ordinance to said city for  review
24    and  comment  at  least  fourteen (14) days before the first official decision
25    regarding the subdivision is to be made by the county . Items which  may
26    be  considered  by  the  city  include,  but are not limited to, continuity of
27    street pattern, street widths,  integrity and continuity of utility  sys-
28    tems    and  drainage provisions.  If the city has adopted a 
29     The city's  subdivision ordinance and/or  a  comprehen-
30    sive plan , then these documents may   shall  be used as
31    guidelines for  approving plats. Such city approval shall be in  addition
32    to  county approval. Within one (1) mile of the city, a city subdivision ordi-
33    nance shall prevail over a county subdivision ordinance unless  the  city  and
34    county  mutually  agree  upon any differences   making the comments
35    hereby authorized. The county shall consider all  comments  submitted  by  the
36    city  .  Where  the  jurisdiction   one (1) mile area of
37    impact perimeter  of two (2) cities overlaps,  then  the  jurisdic-
38    tion  shall  be  assumed  by the larger city   both cities shall be
39    notified and allowed to submit comments .

40        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
41    declared to exist, this act shall be in full force and effect on and after its
42    passage and approval.

Statement of Purpose / Fiscal Impact


          REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT

                       STATEMENT OF PURPOSE

                             RS 09147

The current statute is often used instead of instituting an area of
impact. The Attorney General has ruled that the statute as it exists
is probably unconstitutional. This statute seeks to solve the
concern of constitutionality and maintain a positive working
relationship with cities and counties by allowing cities a full
review period for plats being considered.

                                 
                                 
                                 
                            FISCAL NOTE

No fiscal impact to the general fund.











CONTACT:   Rep Lee Gagner
         (208) 332-1000
         


STATEMENT OF PURPOSE/ FISCAL NOTE                 H 351