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H0351......................................................by STATE AFFAIRS
SUBDIVISIONS - Amends existing law to allow cities to submit comments to a
county on proposed subdivisions which are within the jurisdiction of the
county and are situated within one mile outside the limits of the city.
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 - 62-1-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Field(13), Field(20), Gagner, Gould, 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, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Williams, Zimmermann, Mr Speaker
NAYS -- Wood
Absent and excused -- Ellsworth, Geddes, 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
03/29 Governor signed
Session Law Chapter 391
Effective: 03/29/99
H0351|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 351 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PLATS AND VACATIONS; AMENDING SECTION 50-1306, IDAHO CODE, TO PRO- 3 VIDE THAT COUNTIES WITH JURISDICTION SHALL TRANSMIT PROPOSED PLATS WHICH 4 ARE SITUATED WITHIN ONE MILE OUTSIDE THE LIMITS OF A CITY TO THE AFFECTED 5 CITIES FOR COMMENT, TO PROVIDE THAT CITIES SHALL USE THEIR SUBDIVISION 6 ORDINANCE OR COMPREHENSIVE PLAN AS A GUIDELINE FOR COMMENT AND TO PROVIDE 7 THAT COUNTIES SHALL CONSIDER ALL COMMENTS SUBMITTED BY CITIES PRIOR TO 8 MAKING A DECISION REGARDING THE SUBDIVISION; AND DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 50-1306, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 50-1306. EXTRATERRITORIALAUTHORITYEFFECTS OF SUBDI- 13 VISION -- PROPERTY WITHIN THE AREA OF CITY IMPACT -- RIGHTS OF 14 CITY TO COMMENT . All plats situate within an officially designated area 15 of city impact as provided for in section 67-6526, Idaho Code, shall be admin- 16 istered in accordance with the provisions set forth in the adopted city or 17 county zoning and subdivision ordinances having jurisdiction. In the situa- 18 tion where no area of city impact has been officially adopted, the 19 county with jurisdiction shall transmit all proposed plats 20 situate within one (1) mile outside the limits of any incorporated 21 cityshall first be submitted to the said city, and approved by the22council of said city before the same shall be recordedwhich has 23 adopted a comprehensive plan or subdivision ordinance to said city for review 24 and comment at least fourteen (14) days before the first official decision 25 regarding the subdivision is to be made by the county . Items which may 26 be considered by the city include, but are not limited to, continuity of 27 street pattern, street widths, integrity and continuity of utility sys- 28 tems and drainage provisions.If the city has adopted a29 The city's subdivision ordinance and/oracomprehen- 30 sive plan, then these documents mayshall be used as 31 guidelines forapproving plats. Such city approval shall be in addition32to county approval. Within one (1) mile of the city, a city subdivision ordi-33nance shall prevail over a county subdivision ordinance unless the city and34county mutually agree upon any differencesmaking the comments 35 hereby authorized. The county shall consider all comments submitted by the 36 city . Where thejurisdictionone (1) mile area of 37 impact perimeter of two (2) cities overlaps,then the jurisdic-38tion shall be assumed by the larger cityboth cities shall be 39 notified and allowed to submit comments . 40 SECTION 2. An emergency existing therefor, which emergency is hereby 41 declared to exist, this act shall be in full force and effect on and after its 42 passage and approval.
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STATEMENT OF PURPOSE
RS 09147
The current statute is often used instead of instituting an area of
impact. The Attorney General has ruled that the statute as it exists
is probably unconstitutional. This statute seeks to solve the
concern of constitutionality and maintain a positive working
relationship with cities and counties by allowing cities a full
review period for plats being considered.
FISCAL NOTE
No fiscal impact to the general fund.
CONTACT: Rep Lee Gagner
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 351