View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0323...............................................by REVENUE AND TAXATION
DEVELOPMENT RIGHTS - Adds to existing law to provide that a county or city
governing body may, by ordinance, create development rights and establish
procedures authorizing landowners to voluntarily transfer development
rights; and to provide requirements for and restrictions upon transfers of
development rights.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 46-23-1
AYES -- Alltus, Bieter, Black, Boe, Bruneel, Callister, Chase, Clark,
Crow, Cuddy, Deal, Denney, Field(13), Gagner, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kunz, Lake, Mader, Marley, Meyer, Montgomery, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sellman, Smith, Smylie, Stone,
Taylor, Tilman, Tippets, Watson, Williams, Zimmermann
NAYS -- Barraclough(Barraclough), Barrett, Bell, Campbell, Ellsworth,
Field(20), Geddes, Gould, Hadley, Kendell, Limbaugh, Linford,
Loertscher, McKague, Mortensen, Moyle, Sali, Schaefer, Stevenson,
Stoicheff, Wheeler, Wood, Mr Speaker
Absent and excused -- Trail
Floor Sponsor - Jaquet
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
Rules susp - PASSED - 26-8-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Danielson,
Darrington, Davis, Dunklin, Ingram, Ipsen, Keough, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--Branch, Cameron, Deide, Frasure, Geddes, Hawkins, King, Lee
Absent and excused--Parry
Floor Sponsor - Stennett
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 363
Effective: 07/01/2000
H0323|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 323 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING CHAPTER 65, TITLE 67, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 67-6515A, IDAHO CODE, TO PROVIDE 4 THAT A COUNTY OR CITY GOVERNING BODY MAY, BY ORDINANCE, CREATE DEVELOPMENT 5 RIGHTS AND ESTABLISH PROCEDURES AUTHORIZING LANDOWNERS TO VOLUNTARILY 6 TRANSFER DEVELOPMENT RIGHTS SUBJECT TO CERTAIN CONDITIONS, TO REQUIRE A 7 MARKET ANALYSIS BEFORE A CITY OR COUNTY DESIGNATES SENDING AND RECEIVING 8 AREAS, TO PROVIDE THAT A CITY OR COUNTY SHALL NOT REQUIRE A PROPERTY OWNER 9 IN A SENDING AREA TO SELL DEVELOPMENT RIGHTS, TO PROVIDE THAT A TRANSFER 10 OF DEVELOPMENT RIGHTS ONCE EXERCISED SHALL BE A RESTRICTION ON THE DEVEL- 11 OPMENT OF THE PROPERTY IN PERPETUITY UNLESS THE CITY OR COUNTY 12 EXTINGUISHES THE RESTRICTION, TO PROVIDE WHEN AN APPLICATION FOR A PERMIT 13 OR A ZONING DISTRICT BOUNDARY CHANGE MAY NOT BE CONDITIONED ON THE ACQUI- 14 SITION OF DEVELOPMENT RIGHTS, TO REQUIRE THAT DEVELOPMENT RIGHTS BE EXER- 15 CISED WITHIN TEN YEARS OF ACQUISITION UNLESS EXTENDED BY THE CITY OR 16 COUNTY FOR AN ADDITIONAL FIVE-YEAR PERIOD, TO PROVIDE THAT A TRANSFER OF A 17 DEVELOPMENT RIGHT SHALL NOT AFFECT A WATER RIGHT APPURTENANT TO THE PROP- 18 ERTY FROM WHICH A DEVELOPMENT RIGHT IS TRANSFERRED, TO PROVIDE THAT THE 19 TRANSFER OF A WATER RIGHT SHALL REMAIN SUBJECT TO TITLE 42, IDAHO CODE, TO 20 PROVIDE THAT ORDINANCES AUTHORIZING A TRANSFER OF DEVELOPMENT RIGHTS SHALL 21 REQUIRE THE CONSENT OF LIENHOLDERS AND PARTIES WITH AN INTEREST OF RECORD 22 IN THE PROPERTY AND THAT A TRANSFER OF DEVELOPMENT RIGHTS WITHOUT SUCH 23 CONSENT IS VOID, TO PROVIDE THAT A TRANSFERRED DEVELOPMENT RIGHT IS AN 24 INTEREST IN REAL PROPERTY AND THAT AN UNEXERCISED DEVELOPMENT RIGHT SHALL 25 NOT BE TAXED AS REAL OR PERSONAL PROPERTY AND TO PROVIDE DEFINITIONS; 26 PROVIDING THAT THE IDAHO ASSOCIATION OF COUNTIES PROVIDE AN ANNUAL REPORT 27 TO THE SENATE LOCAL GOVERNMENT AND TAXATION COMMITTEE AND THE HOUSE LOCAL 28 GOVERNMENT COMMITTEE CONCERNING SYSTEMS FOR THE TRANSFER OF DEVELOPMENT 29 RIGHTS IN COUNTIES THROUGHOUT THE STATE; AND PROVIDING AN EFFECTIVE DATE. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Chapter 65, Title 67, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION , to be 33 known and designated as Section 67-6515A, Idaho Code, and to read as follows: 34 67-6515A. TRANSFER OF DEVELOPMENT RIGHTS. (1) Any city or county govern- 35 ing body may, by ordinance, create development rights and establish procedures 36 authorizing landowners to voluntarily transfer said development rights subject 37 to: 38 (a) Such conditions as the governing body shall determine to fulfill the 39 goals of the city or county to preserve open space, protect wildlife habi- 40 tat and critical areas, and enhance and maintain the rural character of 41 lands with contiguity to agricultural lands suitable for long-range farm- 42 ing and ranching operations; and 43 (b) Voluntary acceptance by the landowner of the development rights and 2 1 any land use restrictions conditional to such acceptance. 2 (2) Before designating sending areas and receiving areas, a city or 3 county shall conduct an analysis of the market in an attempt to assure that 4 areas designated as receiving areas will have the capacity to accommodate the 5 number of development rights expected to be generated from the sending areas. 6 (3) Ordinances providing for a transfer of development rights shall not 7 require a property owner in a sending area to sell development rights. Once a 8 transfer of development rights has been exercised it shall constitute a 9 restriction on the development of the property in perpetuity, unless the city 10 or county elects to extinguish such restriction pursuant to the provisions of 11 this chapter. 12 (4) A city or county may not condition an application for a permit to 13 which an applicant is otherwise entitled under existing zoning and subdivision 14 ordinances on the acquisition of development rights. A city or county may not 15 condition an application for a zoning district boundary change which is con- 16 sistent with the comprehensive plan on the acquisition of development rights. 17 A city or county may not reduce the density of an existing zone and thereafter 18 require an applicant to acquire development rights as a condition of approving 19 a request for a zoning district boundary change which would permit greater 20 density. 21 (5) A person may not acquire a development right without the intent to 22 exercise that right within a receiving area within ten (10) years of the date 23 of acquisition. Upon a showing of good cause, a city or county may extend the 24 right to exercise the development right for an additional period not to exceed 25 five (5) years. If the development right is not used before the end of the 26 time period herein provided and any extension thereof, the development right 27 will revert to the owner of the property from which it was transferred. 28 (6) No transfer of a development right, as contemplated herein, shall 29 affect the validity or continued right to use any water right that is appurte- 30 nant to the real property from which such development right is transferred. 31 The transfer of a water right shall remain subject to the provisions of title 32 42, Idaho Code. 33 (7) (a) Ordinances providing for the transfer of development rights 34 shall provide that no transfer of development rights may occur without the 35 written consent of all lienholders and other parties with an interest of 36 record in the property from which development rights are proposed to be 37 transferred. Transfers of development rights without such consent shall be 38 void. 39 (b) A development right which is transferred shall be deemed to be an 40 interest in real property and the rights evidenced thereby shall inure to 41 the benefit of the transferee, his heirs, successors and assigns. An 42 unexercised development right shall not be taxed as real or personal prop- 43 erty. 44 (8) For the purposes of this section: 45 (a) "Development rights" shall mean the rights permitted to a lot, parcel 46 or area of land under a zoning or other ordinance respecting permissible 47 use, area, density, bulk or height of improvements. Development rights may 48 be calculated and allocated in accordance with such factors as area, floor 49 area, floor area ratios, density, height limitations, or any other crite- 50 ria that will effectively quantify a value for the development right in a 51 reasonable and uniform manner that will carry out the objectives of this 52 section. 53 (b) "Receiving area" shall mean one (1) or more designated areas of land 54 to which development rights generated from one (1) or more sending areas 55 may be transferred and in which increased development is permitted to 3 1 occur by reason of such transfer. 2 (c) "Sending area" shall mean one (1) or more designated areas of land in 3 which development rights may be designated for use in one (1) or more 4 receiving areas. 5 (d) "Transfer of development rights" shall mean the process by which 6 development rights are transferred from one (1) lot, parcel or area of 7 land in any sending area to another lot, parcel or area of land in one (1) 8 or more receiving areas. 9 SECTION 2. REPORT TO THE LEGISLATURE. In January 2000, the Idaho Associa- 10 tion of Counties shall provide a report to the Senate Local Government and 11 Taxation Committee and the House Local Government Committee concerning systems 12 for the transfer of development rights being proposed for adoption in counties 13 throughout the state. Commencing January 2001, and annually thereafter, the 14 Idaho Association of Counties shall provide a report concerning systems for 15 the transfer of development rights which have been adopted and those proposed 16 for adoption in counties throughout the state. 17 SECTION 3. The provisions of Section 1 of this act shall be in full force 18 and effect on and after July 1, 2000.
STATEMENT OF PURPOSE
RS09165
The purpose of this legislation is to amend Chapter 65, Title 67 by
adding a new Section, Section 67-6515A. This legislation would
allow any county or city governing body to establish a program in
which the transfer of development rights may be utilized as an
option to protect significant land resources while compensating the
property owner. A Transfer of Development Rights Program involves
the transfer of future development away from a resource protection
area to an area appropriate for development. The governing body
determines the amounts and conditions of such TDRs to fulfill the
goals of the county or city pertaining to preservation and
conservation of significant resources.
FISCAL NOTE
This legislation will have no fiscal impact on any state revenue or
appropriation. By itself, this authorizing legislation will have no
fiscal impact on any local government revenue or appropriation. If
a local government chooses to adopt a Transfer of Development
Rights Program under the authority of this legislation that
government may incur some additional administrative costs. However,
such costs should not require a significant expenditure of local
funds.
CONTACT: Representative Wendy Jaquet
332-1000
Representative Jim Kempton
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 323