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HOUSE BILL NO. 237

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Daily Data Tracking History

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H0237...................................................by LOCAL GOVERNMENT
PLATS - Amends existing law relating to planning and zoning to delete
authority to require the submission of plats in situations where no area of
city impact has been officially adopted.

02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Loc Gov

Bill Text

H0237


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 237

                              BY LOCAL GOVERNMENT COMMITTEE

 1                                        AN ACT
 2    RELATING TO MUNICIPAL PLATS AND VACATIONS;  AMENDING  SECTION  50-1306,  IDAHO
 3        CODE, TO DELETE AUTHORITY TO REQUIRE THE SUBMISSION OF PLATS IN SITUATIONS
 4        WHERE NO AREA OF CITY IMPACT HAS BEEN OFFICIALLY ADOPTED; AND DECLARING AN
 5        EMERGENCY.

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

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

 9        50-1306.   EXTRATERRITORIAL AUTHORITY --  PROPERTY  WITHIN  THE
10    AREA OF CITY IMPACT. All plats situate within an officially designated area of
11    city  impact as provided for in section 67-6526, Idaho Code, shall be adminis-
12    tered in accordance with the provisions set  forth  in  the  adopted  city  or
13    county  zoning  and  subdivision  ordinances having jurisdiction.  In the
14    situation where no area of city impact has been officially adopted, all  plats
15    situate  within one (1) mile outside the limits of any incorporated city shall
16    first be submitted to the said city, and approved by the council of said  city
17    before  the  same shall be recorded. Items which may be considered by the city
18    include, but are not limited to, continuity of street pattern, street  widths,
19    and  drainage  provisions.  If  the  city  has adopted a subdivision ordinance
20    and/or a comprehensive plan, then these documents may be  used  as  guidelines
21    for  approving  plats.  Such  city  approval  shall  be  in addition to county
22    approval. Within one (1) mile of the city, a city subdivision ordinance  shall
23    prevail  over  a county subdivision ordinance unless the city and county mutu-
24    ally agree upon any differences. Where the  jurisdiction  of  two  (2)  cities
25    overlaps, then the jurisdiction shall be assumed by the larger city. 

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

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                             RS 08890C1

The purpose of this legislation is to remove language from Idaho
Code 50-1306 which allows cities to exercise platting authority
outside the city's corporate limits in cases where there is no
"area of impact" agreement with the affected county. This language
violates Article 12, Section 2 of the Idaho Constitution which
grants the county sole legislative and police power in the
unincorporated portions of the county.





                            FISCAL NOTE

There will be no fiscal impact on the State General Fund or any
political subdivision of the State.











        CONTACT:  Idaho Association of Counties
                                         Dan Chadwick, Tony Poinelli, Paul Beddoe
                                         Telephone: 345-9126
        
        
                                      STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 237