2001 Legislation
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HOUSE BILL NO. 92 – Subdivisions, definition

HOUSE BILL NO. 92

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H0092...................................................by LOCAL GOVERNMENT
SUBDIVISIONS - Amends existing law relating to local land use planning and
subdivisions to provide a restriction on any definition adopted by a city
or county in lieu of the definition of "subdivision" as provided by state
law; to clarify the term "subdivision development"; and to provide a remedy
for any provision of a local ordinance which is contrary to state law.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 92
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  LOCAL  LAND  USE  PLANNING  AND  SUBDIVISIONS;  AMENDING  SECTION
  3        50-1301, IDAHO CODE, TO PROVIDE A RESTRICTION ON ANY DEFINITION ADOPTED BY
  4        A CITY OR COUNTY IN LIEU OF THE DEFINITION OF "SUBDIVISION" AS PROVIDED BY
  5        STATE  LAW,  TO  PROVIDE  A  REMEDY FOR ANY PROVISION OF A LOCAL ORDINANCE
  6        WHICH IS CONTRARY TO STATE LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
  7        SECTION 67-6513, IDAHO CODE, TO CLARIFY THE TERM "SUBDIVISION DEVELOPMENT"
  8        AND TO PROVIDE A REMEDY FOR ANY PROVISION OF A LOCAL  ORDINANCE  WHICH  IS
  9        CONTRARY TO STATE LAW; AND DECLARING AN EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 50-1301, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        50-1301.  DEFINITIONS. The following definitions shall apply to terms used
 14    in sections 50-1301 through 50-1334, Idaho Code.
 15        (1.)  Easement: A right of use, falling short of  ownership,  and  usually
 16    for a certain stated purpose;
 17        (2.)  Functioning street department: A city department responsible for the
 18    maintenance,  construction,  repair, snow removal, sanding and traffic control
 19    of a public highway or public street system which qualifies such department to
 20    receive funds from the highway distribution account to local units of  govern-
 21    ment pursuant to section 40-709, Idaho Code;
 22        (3.)  Idaho  coordinate system: That system of coordinates established and
 23    designated by chapter 17, title 55, Idaho Code;
 24        (4.)  Monument: A physical structure or object that occupies the  position
 25    of a corner;
 26        (5.)  Owner: The proprietor of the land, (having legal title);
 27        (6.)  Plat:  The drawing, map or plan of a subdivision, cemetery, townsite
 28    or other tract of land, or a replatting  of  such,  including  certifications,
 29    descriptions and approvals;
 30        (7.)  Private road: A road within a subdivision plat that is not dedicated
 31    to the public and not a part of a public highway system;
 32        (8.)  Public  highway  agency:  The  state  transportation department, any
 33    city, county, highway district or other public agency with  jurisdiction  over
 34    public highway systems and public rights-of-way;
 35        (9.)  Public  land survey corner: Any point actually established and monu-
 36    mented in an original survey or resurvey that  determines  the  boundaries  of
 37    remaining  public  lands, or public lands patented, represented on an official
 38    plat and in the field notes thereof, accepted  and  approved  under  authority
 39    delegated  by congress to the U.S. general land office and the U.S. department
 40    of interior, bureau of land management;
 41        (10.) Public right-of-way: Any land dedicated and open to the  public  and
 42    under  the  jurisdiction  of a public highway agency, where the public highway
 43    agency has no obligation to construct or maintain said right-of-way for vehic-
                                                                        
                                           2
                                                                        
  1    ular traffic;
  2        (11.) Public street: A road, thoroughfare, alley, highway or bridge  under
  3    the jurisdiction of a public highway agency;
  4        (12.) Reference monument: A special monument that does not occupy the same
  5    geographical  position as the corner itself, but whose spatial relationship to
  6    the corner is known and recorded, and which serves to witness the corner;
  7        (13.) Sanitary restriction: The requirement that no  building  or  shelter
  8    which  will  require a water supply facility or a sewage disposal facility for
  9    people using the premises where such building or shelter is located  shall  be
 10    erected  until  written  approval  is  first  obtained from the state board of
 11    health by its administrator or his delegate approving plans and specifications
 12    either for public water and/or sewage facilities, or individual  parcel  water
 13    and/or sewage facilities;
 14        (14.) Street: A road, thoroughfare, alley, highway or a right-of-way which
 15    may  be  open  for  public  use but is not part of a public highway system nor
 16    under the jurisdiction of a public highway agency;
 17        (15.) Subdivision: A tract of land divided into five  (5)  or  more  lots,
 18    parcels,  or  sites  for  the purpose of sale or building development, whether
 19    immediate or future; provided that this definition shall not  include  a  bona
 20    fide  division  or partition of agricultural land for agricultural purposes. A
 21    bona fide division or partition of agricultural land for agricultural purposes
 22    shall mean the division of land into lots, all of which are five (5) acres  or
 23    larger, and maintained as agricultural lands.
 24        Cities or counties may adopt their own definition of "subdivision" in lieu
 25    of  the  above definition in this subsection, except that at no time shall any
 26    definition of "subdivision" as provided in any ordinance be  defined  to  mean
 27    the  removal, modification or relocation of boundary lot lines commonly shared
 28    by one (1) or more parcels titled by the same owner when such removal, modifi-
 29    cation or relocation does not increase the number of legal parcels.  In  addi-
 30    tion, any provision of an ordinance of a political subdivision adopted in lieu
 31    of  the definition provided herein which is contrary to the restriction speci-
 32    fied herein, shall be null, void and unenforceable;
 33        (16.) Witness corner: A monumented point usually on a lot line or boundary
 34    line of a survey, near a corner and established  in  situations  where  it  is
 35    impracticable to occupy or monument the corner.
                                                                        
 36        SECTION  2.  That  Section 67-6513, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        67-6513.  SUBDIVISION ORDINANCE. (1)  Each governing board shall  provide,
 39    by  ordinance  adopted, amended, or repealed in accordance with the notice and
 40    hearing procedures provided under section 67-6509, Idaho Code,  for  standards
 41    and  for the processing of applications for subdivision permits under sections
 42    50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for miti-
 43    gation of the effects of subdivision development on the ability  of  political
 44    subdivisions  of  the  state,  including school districts, to deliver services
 45    without compromising quality of  service  delivery  to  current  residents  or
 46    imposing  substantial  additional  costs upon current residents to accommodate
 47    the proposed subdivision. The term "subdivision development" as used  in  this
 48    chapter  shall not include removal, modification or relocation of boundary lot
 49    lines commonly shared by one (1) or more parcels titled by the same owner when
 50    such removal, modification or relocation does not increase the number of legal
 51    parcels.
 52        (2)  Fees established for purposes of mitigating the financial impacts  of
 53    development  must  comply  with  the provisions of chapter 82, title 67, Idaho
                                                                        
                                           3
                                                                        
  1    Code.
  2        (3)  Any provision of an ordinance  of  a  political  subdivision  of  the
  3    state, including school districts, which is contrary to the provisions of this
  4    chapter, shall be null, void and unenforceable.
                                                                        
  5        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
  6    declared to exist, this act shall be in full force and effect on and after its
  7    passage and approval.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE
                          
                      RS 10594
                          
This legislation amends the local planning act to provide that the term
"subdivision development" shall not include removal, modification or
relocation of boundary lot lines commonly shared by one (1) or more
parcels titled by the same owner, when such removal modification or
relocation does not increase the number of legal parcels. This
legislation provides that any provision of an ordinance of a political
subdivision of the state, including school districts, which is contrary
to the definition above, shall be null and void and unenforceable.

This legislation further provides that cities and counties may adopt
their own definition of "subdivision" according to the above
provisions.
                     FISCAL IMPACT

Triere should be no fiscal impact to any fund of state or local units
of government.
                           

Contact
          Name: Speaker Bruce Newcomb
               Phone:     332 1111
     






STATEMENT OF PURPOSE/FISCAL NOTE                                   H92