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H0350......................................................by STATE AFFAIRS
AREA OF CITY IMPACT - Amends existing law to provide a time certain for
meeting the requirements of law relating to identifying an area of city
impact within the unincorporated area of a county; to require that
recommendations by the nine person committee shall be submitted to the
governing boards within sixty days of appointing at-large members of the
committee; and to provide that either the city or the county may seek a
declaratory judgment in the event the city or county fails to enact
ordinances as required.
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 - 60-2-8
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Deal,
Denney, Field(13), Field(20), Gagner, 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, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- Geddes, Schaefer
Absent and excused -- Cuddy, Ellsworth, Gould, 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
03/24 Governor signed
Session Law Chapter 251
Effective: 07/01/99
H0350|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 350 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6526, IDAHO CODE, TO 3 PROVIDE A TIME CERTAIN FOR MEETING THE REQUIREMENTS OF LAW RELATING TO 4 IDENTIFYING AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED AREA OF A 5 COUNTY, TO REQUIRE THAT RECOMMENDATIONS BY THE NINE PERSON COMMITTEE SHALL 6 BE SUBMITTED TO THE GOVERNING BOARDS WITHIN ONE HUNDRED EIGHTY DAYS OF 7 APPOINTING AT-LARGE MEMBERS OF THE COMMITTEE AND TO PROVIDE THAT EITHER 8 THE CITY OR THE COUNTY MAY SEEK A DECLARATORY JUDGMENT IN THE EVENT THE 9 CITY OR COUNTY FAILS TO ENACT ORDINANCES AS REQUIRED AND TO MAKE A TECHNI- 10 CAL CORRECTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-6526, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing 15 board of each county and each city therein shall adopt by ordinance following 16 the notice and hearing procedures provided in section 67-6509, Idaho Code, a 17 map identifying an area of city impact within the unincorporated area of the 18 county. A separate ordinance providing for application of plans and ordinances 19 for the area of city impact shall be adopted. Subject to the provisions of 20 section 50-222, Idaho Code, an area of city impact must be established before 21 a city may annex adjacent territory. This separate ordinance shall provide for 22 one (1) of the following: 23 (1) Application of the city plan and ordinances adopted under this chap- 24 ter to the area of city impact; or 25 (2) Application of the county plan and ordinances adopted under this 26 chapter to the area of city impact; or 27 (3) Application of any mutually agreed upon plan and ordinances adopted 28 under this chapter to the area of city impact. 29 Areas of city impact, together with plan and ordinance requirements, may 30 cross county boundaries by agreement of the city and county concerned if the 31 city is within three (3) miles of the adjoining county. 32 (b) If the requirements of section 67-6526(a), Idaho Code, are not met 33 by January 1, 2000 , the county commissioners for the county con- 34 cerned, together with three (3) elected city officials designated by the mayor 35 of the city and confirmed by the council, shall, within thirty (30) days after 36 the city officials have been confirmed by the council, select three (3) city 37 or county residents. These nine (9) persons shall, by majority vote, recommend 38 to the city and county governing boards an area of city impact together with 39 plan and ordinance requirements. The recommendations shall be submitted 40 to the governing boards within one hundred eighty (180) days after the selec- 41 tion of the three (3) at-large members and shall be acted upon by the 42 governing boards within sixty (60) days of receipt. If the city or county 43 fails to enact ordinances providing for an area of city impact, plan, and 2 1 ordinance requirements, either the city or county may seek a 2 declaratory judgment from the district court identifying the area of city 3 impact, and plan and ordinance requirements. In defining an area of city 4 impact, the following factors shall be considered: (1) trade area; (2) geo- 5 graphic factors; and (3) areas that can reasonably be expected to be annexed 6 to the city in the future. 7 (c) If areas of city impact overlap, the cities involved shall negotiate 8 boundary adjustments to be recommended to the respective city councils. If the 9 cities cannot reach agreement, the board of county commissioners shall, upon a 10 request from either city, within thirty (30) days, recommend adjustments to 11 the areas of city impact which shall be adopted by ordinance by the cities 12 following the notice and hearing procedures provided in section 67-6509, Idaho 13 Code. If any city objects to the recommendation of the board of county commis- 14 sioners, the county shall conduct an election, subject to the provisions of 15 section 34-106, Idaho Code, and establish polling places for the purpose of 16 submitting to the qualified electors residing in the overlapping impact area, 17 the question of which area of city impact the electors wish to reside. The 18 results of the election shall be conclusive and binding, and no further pro- 19 ceedings shall be entertained by the board of county commissioners, and the 20 decision shall not be appealable by either city involved. The clerk of the 21 board of county commissioners shall by abstract of the results of the elec- 22 tion, certify that fact, record the same and transmit copies of the original 23 abstract of the result of the election to the clerk of the involved cities. 24 (d) Areas of city impact, plan, and ordinance requirements shall remain 25 fixed until both governing boards agree to renegotiate. In the event the city 26 and county cannot agree, the judicial review process of subsection (b) shall 27 apply. Renegotiations shall begin within thirty (30) days after written 28 request by the city or county and shall follow the procedures for original 29 negotiation provided in this section. 30 (e) Prior to negotiation or renegotiation of areas of city impact, plan, 31 and ordinance requirements, the governing boards shall submit the questions to 32 the planning, zoning, or planning and zoning commission for recommendation. 33 Each commission shall have a reasonable time fixed by the governing board to 34 make its recommendations to the governing board. 35 (f) This section shall not preclude growth and development in areas of 36 any county within the state of Idaho which are not within the areas of city 37 impact provided for herein. 38 (g) If the area of impact has been delimited pursuant to the provisions 39 of subsection (a) (1) of this section, persons living within the delimited 40 area of impact shall be entitled to representation on the planning, zoning, or 41 the planning and zoning commission of the city of impact. Such representation 42 shall as nearly as possible reflect the proportion of population living within 43 the city as opposed to the population living within the areas of impact for 44 that city. To achieve such proportional representation, membership of the 45 planning, zoning or planning and zoning commission, may exceed twelve (12) 46 persons, notwithstanding the provisions of subsection (a) of section 67-6504, 47 Idaho Code. In instances where a city has combined either or both of its 48 planning and zoning functions with the county, representation on the resulting 49 joint planning, zoning or planning and zoning commission shall as nearly as 50 possible reflect the proportion of population living within the impacted city, 51 the area of city impact outside the city, and the remaining unincorporated 52 area of the county. Membership on such a joint planning, zoning or planning 53 and zoning commission may exceed twelve (12) persons, notwithstanding the pro- 54 visions of subsection (a) of section 67-6504, Idaho Code.
STATEMENT OF PURPOSE
RS 09148C1
Many cities and counties have never implemented an area of
impact as is detailed in the Land Use Planning Act of 1975. A
separate ordinance allowed the cities and counties to extend the
adoption of an impact area to no later than January 1, 1995. Many
have not yet implemented these impact areas. This legislation would
trigger a nine member panel to resolve the differences and call for
the resolution panel.
FISCAL NOTE
No Fiscal Impact to the General Fund.
CONTACT: Representative Lee Gagner
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 350