1999 Legislation
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SENATE BILL NO. 1124 – Land use, applications, mediation

SENATE BILL NO. 1124

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Daily Data Tracking History



S1124......................................................by STATE AFFAIRS
LAND USE - Repeals and adds to existing law relating to local land use
planning to require that procedures for the processing of applications
include the option of mediation both before and after a final decision; to
provide for mandatory and optional participation in mediation by the
applicant and affected persons; to provide for compensation of the
mediator; to provide for tolling of time limitations during mediation; to
provide when tolling shall cease; to provide for mediation pursuant to
statutory provisions or local ordinances not in conflict therewith; and to
provide that the mediation process shall not be a part of the official
record regarding the application.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Loc Gov

Bill Text


S1124


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1124

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE LOCAL LAND USE PLANNING ACT; REPEALING SECTION 67-6510,  IDAHO
 3        CODE;  AND AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A
 4        NEW SECTION 67-6510, IDAHO CODE, TO REQUIRE THAT PROCEDURES FOR THE  PROC-
 5        ESSING  OF  APPLICATIONS  INCLUDE  THE OPTION OF MEDIATION BOTH BEFORE AND
 6        AFTER A FINAL DECISION, TO PROVIDE FOR MANDATORY AND  OPTIONAL  PARTICIPA-
 7        TION  IN  MEDIATION  BY THE APPLICANT AND AFFECTED PERSONS, TO PROVIDE FOR
 8        COMPENSATION OF THE MEDIATOR, TO PROVIDE FOR TOLLING OF  TIME  LIMITATIONS
 9        DURING  MEDIATION,  TO  PROVIDE  WHEN  TOLLING SHALL CEASE, TO PROVIDE FOR
10        MEDIATION PURSUANT TO STATUTORY PROVISIONS OR LOCAL ORDINANCES NOT IN CON-
11        FLICT THEREWITH AND TO PROVIDE THAT THE MEDIATION  PROCESS  SHALL  NOT  BE
12        PART OF THE OFFICIAL RECORD REGARDING THE APPLICATION.

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

14        SECTION  1.  That  Section 67-6510, Idaho Code, be, and the same is hereby
15    repealed.

16        SECTION 2.  That Chapter 65, Title 67, Idaho Code, be,  and  the  same  is
17    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
18    known and designated as Section 67-6510, Idaho Code, and to read as follows:

19        67-6510.  MEDIATION -- TIME LIMITATIONS TOLLED. (1) The  procedure  estab-
20    lished  for  the  processing of applications by this chapter or by local ordi-
21    nance shall include the option of mediation upon the written  request  of  the
22    applicant, an affected person, the zoning or planning and zoning commission or
23    the  governing  board.  Mediation  may occur at any point during the decision-
24    making process or after a final decision has been made.  If  mediation  occurs
25    after  a  final decision, any resolution of differences through mediation must
26    be the subject of another public hearing before the decision-making body.
27        (2)  The applicant and any other affected persons objecting to the  appli-
28    cation shall participate in at least one (1) mediation session if mediation is
29    requested  by the commission or the governing board. The governing board shall
30    select and pay the expense of the mediator for the  first  meeting  among  the
31    interested parties. Compensation of the mediator shall be determined among the
32    parties  at  the outset of any mediation undertaking. An applicant may decline
33    to participate in mediation requested by an affected person, and  an  affected
34    person  may  decline  to  participate in mediation requested by the applicant,
35    except that the parties shall participate in at least one (1)  mediation  ses-
36    sion if directed to do so by the governing board.
37        (3)  During  mediation,  any  time  limitation relevant to the application
38    shall be tolled. Such tolling shall cease when  the  applicant  or  any  other
39    affected  person, after having participated in at least one (1) mediation ses-
40    sion, states in writing that no further participation is desired and  notifies
41    the other parties, or upon notice of a request to mediate wherein no mediation
42    session is scheduled for twenty-eight (28) days from the date of such request.


                                          2

 1        (4)  The mediation process may be undertaken pursuant to the general limi-
 2    tations  established by this section or pursuant to local ordinance provisions
 3    not in conflict herewith.
 4        (5)  The mediation process shall  not  be  part  of  the  official  record
 5    regarding the application.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS08876

This proposal from the Interim Committee on Private Property
Rights allows greater flexibility for finding solutions on
difficult land use planning issues.

Pre and post decision mediation is voluntary for governing
boards caught between permit applicants and neighboring property
owners.






                           FISCAL NOTE

No Fiscal Impact to the General Fund.









CONTACT:  Senator Judi Danielson 332-1347
         Jim Kempton 332-1250
         Susan Mather 334-4858
         

                                      STATEMENT OF PURPOSE/ FISCAL NOTE   S1124