Print Friendly HOUSE BILL NO. 237 – Plat submission, not req’d, when
HOUSE BILL NO. 237
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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
|||| 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
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
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.
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
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 237