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H0092...................................................by LOCAL GOVERNMENT
SUBDIVISIONS - Amends existing law relating to local land use planning and
subdivisions to provide a restriction on any definition adopted by a city
or county in lieu of the definition of "subdivision" as provided by state
law; to clarify the term "subdivision development"; and to provide a remedy
for any provision of a local ordinance which is contrary to state law.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 92
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING AND SUBDIVISIONS; AMENDING SECTION
3 50-1301, IDAHO CODE, TO PROVIDE A RESTRICTION ON ANY DEFINITION ADOPTED BY
4 A CITY OR COUNTY IN LIEU OF THE DEFINITION OF "SUBDIVISION" AS PROVIDED BY
5 STATE LAW, TO PROVIDE A REMEDY FOR ANY PROVISION OF A LOCAL ORDINANCE
6 WHICH IS CONTRARY TO STATE LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 67-6513, IDAHO CODE, TO CLARIFY THE TERM "SUBDIVISION DEVELOPMENT"
8 AND TO PROVIDE A REMEDY FOR ANY PROVISION OF A LOCAL ORDINANCE WHICH IS
9 CONTRARY TO STATE LAW; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 50-1301, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 50-1301. DEFINITIONS. The following definitions shall apply to terms used
14 in sections 50-1301 through 50-1334, Idaho Code.
15 (1.) Easement: A right of use, falling short of ownership, and usually
16 for a certain stated purpose;
17 (2.) Functioning street department: A city department responsible for the
18 maintenance, construction, repair, snow removal, sanding and traffic control
19 of a public highway or public street system which qualifies such department to
20 receive funds from the highway distribution account to local units of govern-
21 ment pursuant to section 40-709, Idaho Code;
22 (3.) Idaho coordinate system: That system of coordinates established and
23 designated by chapter 17, title 55, Idaho Code;
24 (4.) Monument: A physical structure or object that occupies the position
25 of a corner;
26 (5.) Owner: The proprietor of the land, (having legal title);
27 (6.) Plat: The drawing, map or plan of a subdivision, cemetery, townsite
28 or other tract of land, or a replatting of such, including certifications,
29 descriptions and approvals;
30 (7.) Private road: A road within a subdivision plat that is not dedicated
31 to the public and not a part of a public highway system;
32 (8.) Public highway agency: The state transportation department, any
33 city, county, highway district or other public agency with jurisdiction over
34 public highway systems and public rights-of-way;
35 (9.) Public land survey corner: Any point actually established and monu-
36 mented in an original survey or resurvey that determines the boundaries of
37 remaining public lands, or public lands patented, represented on an official
38 plat and in the field notes thereof, accepted and approved under authority
39 delegated by congress to the U.S. general land office and the U.S. department
40 of interior, bureau of land management;
41 (10.) Public right-of-way: Any land dedicated and open to the public and
42 under the jurisdiction of a public highway agency, where the public highway
43 agency has no obligation to construct or maintain said right-of-way for vehic-
2
1 ular traffic;
2 (11.) Public street: A road, thoroughfare, alley, highway or bridge under
3 the jurisdiction of a public highway agency;
4 (12.) Reference monument: A special monument that does not occupy the same
5 geographical position as the corner itself, but whose spatial relationship to
6 the corner is known and recorded, and which serves to witness the corner;
7 (13.) Sanitary restriction: The requirement that no building or shelter
8 which will require a water supply facility or a sewage disposal facility for
9 people using the premises where such building or shelter is located shall be
10 erected until written approval is first obtained from the state board of
11 health by its administrator or his delegate approving plans and specifications
12 either for public water and/or sewage facilities, or individual parcel water
13 and/or sewage facilities;
14 (14.) Street: A road, thoroughfare, alley, highway or a right-of-way which
15 may be open for public use but is not part of a public highway system nor
16 under the jurisdiction of a public highway agency;
17 (15.) Subdivision: A tract of land divided into five (5) or more lots,
18 parcels, or sites for the purpose of sale or building development, whether
19 immediate or future; provided that this definition shall not include a bona
20 fide division or partition of agricultural land for agricultural purposes. A
21 bona fide division or partition of agricultural land for agricultural purposes
22 shall mean the division of land into lots, all of which are five (5) acres or
23 larger, and maintained as agricultural lands.
24 Cities or counties may adopt their own definition of "subdivision" in lieu
25 of the above definition in this subsection, except that at no time shall any
26 definition of "subdivision" as provided in any ordinance be defined to mean
27 the removal, modification or relocation of boundary lot lines commonly shared
28 by one (1) or more parcels titled by the same owner when such removal, modifi-
29 cation or relocation does not increase the number of legal parcels. In addi-
30 tion, any provision of an ordinance of a political subdivision adopted in lieu
31 of the definition provided herein which is contrary to the restriction speci-
32 fied herein, shall be null, void and unenforceable;
33 (16.) Witness corner: A monumented point usually on a lot line or boundary
34 line of a survey, near a corner and established in situations where it is
35 impracticable to occupy or monument the corner.
36 SECTION 2. That Section 67-6513, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-6513. SUBDIVISION ORDINANCE. (1) Each governing board shall provide,
39 by ordinance adopted, amended, or repealed in accordance with the notice and
40 hearing procedures provided under section 67-6509, Idaho Code, for standards
41 and for the processing of applications for subdivision permits under sections
42 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for miti-
43 gation of the effects of subdivision development on the ability of political
44 subdivisions of the state, including school districts, to deliver services
45 without compromising quality of service delivery to current residents or
46 imposing substantial additional costs upon current residents to accommodate
47 the proposed subdivision. The term "subdivision development" as used in this
48 chapter shall not include removal, modification or relocation of boundary lot
49 lines commonly shared by one (1) or more parcels titled by the same owner when
50 such removal, modification or relocation does not increase the number of legal
51 parcels.
52 (2) Fees established for purposes of mitigating the financial impacts of
53 development must comply with the provisions of chapter 82, title 67, Idaho
3
1 Code.
2 (3) Any provision of an ordinance of a political subdivision of the
3 state, including school districts, which is contrary to the provisions of this
4 chapter, shall be null, void and unenforceable.
5 SECTION 3. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval.
STATEMENT OF PURPOSE
RS 10594
This legislation amends the local planning act to provide that the term
"subdivision development" shall not include removal, modification or
relocation of boundary lot lines commonly shared by one (1) or more
parcels titled by the same owner, when such removal modification or
relocation does not increase the number of legal parcels. This
legislation provides that any provision of an ordinance of a political
subdivision of the state, including school districts, which is contrary
to the definition above, shall be null and void and unenforceable.
This legislation further provides that cities and counties may adopt
their own definition of "subdivision" according to the above
provisions.
FISCAL IMPACT
Triere should be no fiscal impact to any fund of state or local units
of government.
Contact
Name: Speaker Bruce Newcomb
Phone: 332 1111
STATEMENT OF PURPOSE/FISCAL NOTE H92