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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
S1124|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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 That Section 67-6510, Idaho Code, be, and the same is hereby 15 repealed. 16 SECTION 2.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
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