2001 Legislation
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HOUSE BILL NO. 365 – Property/state, historic designatn

HOUSE BILL NO. 365

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Daily Data Tracking History



H0365.....................................................by WAYS AND MEANS
STATE PROPERTY - HISTORIC DESIGNATION - Amends existing law to provide
nothing in the historical preservation laws shall authorize or allow the
designation, regulation, conditioning or restriction, by ordinance or other
means, of any property or facility owned by the state of Idaho.
                                                                        
03/15    House intro - 1st rdg - to printing
    Rls susp - PASSED - 57-9-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Bolz, Bradford,
      Bruneel, Callister, Clark, Collins, Crow, Deal, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Harwood, Higgins, Hornbeck, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, McKague, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Sali, Schaefer, Sellman, Smylie, Stevenson, Stone, Swan, Tilman,
      Trail, Wood, Young, Mr. Speaker
      NAYS -- Bieter, Boe, Chase, Cuddy, Henbest, Jaquet, Marley, Robison,
      Shepherd
      Absent and excused -- Campbell, Meyer, Smith, Wheeler
    Floor Sponsor -- Mr. Speaker
    Title apvd - to Senate
03/16    Senate intro - 1st rdg - to Loc Gov
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 21-12-2
      AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Ingram,
      Ipsen, Lee, Richardson, Schroeder, Stegner, Thorne, Wheeler
      NAYS--Danielson, Darrington, Dunklin, Keough, King-Barrutia, Lodge,
      Noh, Risch, Sims, Sorensen, Stennett, Whitworth
      Absent and excused--Sandy, Williams
    Floor Sponsor -- Thorne
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/26    Pres signed - to Governor
03/28    Governor signed
         Session Law Chapter 259
         Effective: 03/28/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 365
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE APPLICATION OF HISTORIC PRESERVATION ACTIVITIES BY COUNTIES OR
  3        CITIES TO STATE-OWNED PROPERTIES AND FACILITIES; AMENDING SECTION 67-4606,
  4        IDAHO CODE, TO PROVIDE THAT NOTHING IN THIS CHAPTER SHALL BE CONSTRUED  TO
  5        ALLOW  THE DESIGNATION, REGULATION, CONDITIONING OR ACQUISITION OF PROPER-
  6        TIES OR FACILITIES OWNED BY THE STATE OR ITS SUBDIVISIONS;  AMENDING  SEC-
  7        TION 67-4607, IDAHO CODE, TO PROVIDE THAT NOTHING IN CHAPTER 46, TITLE 67,
  8        IDAHO CODE, SHALL AUTHORIZE OR BE CONSTRUED TO ALLOW THE DESIGNATION, REG-
  9        ULATION,  CONDITIONING  OR  RESTRICTION BY ORDINANCE OR OTHER MEANS OF ANY
 10        PROPERTY OR FACILITY OWNED BY THE STATE OF IDAHO AND TO MAKE  A  TECHNICAL
 11        CORRECTION;  AMENDING  SECTION 67-4608, IDAHO CODE, TO CREATE AN EXCEPTION
 12        AS PROVIDED IN SECTION 67-4607(d) AND  TO  MAKE  A  TECHNICAL  CORRECTION;
 13        AMENDING  SECTION  67-4612, IDAHO CODE, TO PROVIDE THAT NOTHING IN CHAPTER
 14        46, TITLE 67, IDAHO CODE, SHALL AUTHORIZE OR BE  CONSTRUED  TO  ALLOW  THE
 15        DESIGNATION, REGULATION, CONDITIONING OR RESTRICTION BY ORDINANCE OR OTHER
 16        MEANS  OF  ANY  PROPERTY OR FACILITY OWNED BY THE STATE OF IDAHO; AMENDING
 17        SECTION 67-4614, IDAHO CODE, TO PROVIDE THAT NOTHING IN CHAPTER 46,  TITLE
 18        67,  IDAHO CODE, SHALL AUTHORIZE OR BE CONSTRUED TO ALLOW THE DESIGNATION,
 19        REGULATION, CONDITIONING OR RESTRICTION BY ORDINANCE OR OTHER MEANS OF ANY
 20        PROPERTY OR FACILITY OWNED BY THE STATE OF IDAHO AND TO MAKE  A  TECHNICAL
 21        CORRECTION;  AMENDING SECTION 67-4616, IDAHO CODE, TO PROVIDE THAT NOTHING
 22        IN CHAPTER 46, TITLE 67, IDAHO CODE, SHALL AUTHORIZE OR  BE  CONSTRUED  TO
 23        ALLOW  THE  DESIGNATION,  REGULATION, CONDITIONING OR RESTRICTION BY ORDI-
 24        NANCE OR OTHER MEANS OF ANY PROPERTY OR FACILITY OWNED  BY  THE  STATE  OF
 25        IDAHO AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 26    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 27        SECTION  1.  That  Section 67-4606, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        67-4606.  ACQUISITION OF PROPERTY. (1) All lands,  buildings,  structures,
 30    sites  or  areas  acquired  by funds appropriated by a county or city shall be
 31    acquired in the name of the county or city unless otherwise  provided  by  the
 32    governing  board.  So long as owned by the county or city, historic properties
 33    may be maintained by or under the supervision and control  of  the  county  or
 34    city. However, all lands, buildings or structures acquired by a historic pres-
 35    ervation  commission  from  funds other than those appropriated by a county or
 36    city may be acquired and held in the name of the historic preservation commis-
 37    sion, the county or municipality, or both.
 38        (2)  Nothing in this act chapter shall be construed to prevent  allow  the
 39    designation,  regulation, conditioning, restriction or acquisition of historic
 40    buildings, structures, sites or areas, or other properties or facilities owned
 41    by the state or any of its political subdivisions, agencies or  instrumentali-
 42    ties.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section 67-4607, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        67-4607.  HISTORIC DISTRICTS. A county or city may establish by  ordinance
  4    one  (1)  or  more  historic districts within the area of its jurisdiction. No
  5    historic district  or  districts  shall  be  designated  until  the  following
  6    requirements are met:
  7        a.  The  local historic preservation commission appointed by the governing
  8    body of the county or city shall make  an  investigation  of  the  historical,
  9    architectural,  archeological  and  cultural  significance  of  the buildings,
 10    structures, features, sites or surroundings included in any such proposed his-
 11    toric district. The commission shall report its findings to the local planning
 12    board for their consideration and recommendation.
 13        b.  Sixty (60) days after such transmittal the  commission  shall  hold  a
 14    public  hearing  thereon after due notice, which shall include written notice,
 15    postage prepaid, to the owners of all properties to be included in  such  dis-
 16    trict.
 17        c.  The  commission  shall  submit a final report with its recommendations
 18    and a draft of a proposed ordinance to the county or city governing body.  Any
 19    such ordinance may, from time to time, be amended in the same manner.
 20        d.  Nothing  in  this chapter shall authorize or be construed to allow the
 21    designation, regulation, conditioning or restriction  by  ordinance  or  other
 22    means of any property or facility owned by the state of Idaho.
                                                                        
 23        SECTION  3.  That  Section 67-4608, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        67-4608.  CERTIFICATE OF APPROPRIATENESS. Except as  provided  in  section
 26    67-4607  d.,  Idaho  Code,  aAfter  the designation of a historic district, no
 27    exterior portion of any building or other structure (including walls,  fences,
 28    light  fixtures, steps and pavement, or other appurtenant features) nor above-
 29    ground utility structure nor any type of outdoor  advertising  sign  shall  be
 30    erected,  altered,  restored,  moved  or demolished within such district until
 31    after an application for a certificate of appropriateness as to exterior  fea-
 32    tures  has been submitted to and approved by the historic preservation commis-
 33    sion. The county or city shall require such a certificate to be issued by  the
 34    commission  prior to the issuance of a building permit or other permit granted
 35    for  purposes  of  constructing  or  altering  structures.  A  certificate  of
 36    appropriateness shall  be  required  whether  or  not  a  building  permit  is
 37    required.  For purposes of this act chapter, "exterior features" shall include
 38    the architectural style, general design and general arrangement of  the  exte-
 39    rior  of a building or other structure, including the color, the kind and tex-
 40    ture of the building material and type and style of all windows, doors,  light
 41    fixtures, signs, other appurtenant fixtures and natural features such as trees
 42    and  shrubbery.  In the case of outdoor advertising signs, "exterior features"
 43    shall be construed to mean the style, material, size and location of all  such
 44    signs.  The  commission shall not consider interior arrangement and shall take
 45    no action under this section except for the purpose  of  preventing  the  con-
 46    struction,  reconstruction,  alteration,  restoration, moving or demolition of
 47    buildings, structures, appurtenant fixtures, outdoor advertising signs or nat-
 48    ural features in the historic district which would  be  incongruous  with  the
 49    historical, architectural, archeological or cultural aspects of the district.
                                                                        
 50        SECTION  4.  That  Section 67-4612, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        67-4612.  SPECIAL RESTRICTIONS. In addition to any power or authority of a
  2    county or city to regulate by planning or zoning laws and  regulations  or  by
  3    local  laws  and regulations, the governing body of any county or municipality
  4    is empowered to provide by ordinances, special conditions or restrictions  for
  5    the  protection, enhancement and preservation of historic properties; provided
  6    however, that nothing in this chapter shall authorize or be construed to allow
  7    the designation, regulation, conditioning or restriction by ordinance or other
  8    means of any property or facility owned by the state of Idaho.
                                                                        
  9        SECTION 5.  That Section 67-4614, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        67-4614.  DESIGNATION  AS  HISTORIC  PROPERTY. The local governing body of
 12    any county or city may adopt an ordinance designating one (1) or more historic
 13    properties on the following criteria: historical, architectural, archeological
 14    and cultural significance; suitability for preservation or restoration; educa-
 15    tional value; cost of  acquisition,  restoration,  maintenance,  operation  or
 16    repair;  possibilities  for  adaptive  or  alternative  use  of  the property;
 17    appraised value; and the administrative and financial  responsibility  of  any
 18    person  or  organization willing to underwrite all or a portion of such costs.
 19    In order for any historic property to be designated in the ordinance, it  must
 20    in addition meet the criteria established for inclusion of the property in the
 21    national  register  of historic places. For each designated historic property,
 22    the ordinance shall require that the  waiting  period  set  forth  in  section
 23    67-4615, Idaho Code, be observed prior to its demolition, material alteration,
 24    remodeling or removal. The ordinance shall also provide for a suitable sign or
 25    marker on or near the property indicating that the property has been so desig-
 26    nated;  provided  however,  that nothing in this chapter shall authorize or be
 27    construed to allow the designation, regulation, conditioning or restriction by
 28    ordinance or other means of any property or facility owned  by  the  state  of
 29    Idaho.
                                                                        
 30        SECTION  6.  That  Section 67-4616, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        67-4616.  CHANGE IN USE OF HISTORIC PROPERTY. (1) A historic property des-
 33    ignated by ordinance as herein provided may be demolished, materially altered,
 34    remodeled, relocated or put to a different use only after one  hundred  eighty
 35    (180)  days'  written  notice of the owner's proposed action has been given to
 36    the local historic preservation commission. During this period, the commission
 37    may negotiate with the owner and with any other parties in an effort to find a
 38    means of preserving the property. During this period, or  at  any  time  prior
 39    thereto  following  notice  of designation to the owner as provided in section
 40    67-4615 (d.), Idaho Code, and where such action  is  reasonably  necessary  or
 41    appropriate for the continued preservation of the property, the commission may
 42    enter  into negotiations with the owner for the acquisition by gift, purchase,
 43    or exchange of the property or any interest therein. The commission may reduce
 44    the waiting period required by this section in any case where the owner  would
 45    suffer  extreme  hardship,  unless  a  reduction  in  the required period were
 46    allowed. The commission shall have the discretionary authority to waive all or
 47    any portion of the required waiting  period,  provided  that  the  alteration,
 48    remodeling,  relocation  or  change of use is undertaken subject to conditions
 49    agreed to by the commission insuring the continued maintenance of the histori-
 50    cal, architectural, archeological or cultural integrity and character  of  the
 51    property.
                                                                        
                                           4
                                                                        
  1        (2)  Nothing  in  this act chapter shall be construed to prevent the ordi-
  2    nary maintenance or repair of any exterior feature in or on a  historic  prop-
  3    erty  that  does not involve a change in design, material, or outer appearance
  4    thereof, nor to prevent the construction, reconstruction, alteration, restora-
  5    tion, demolition or removal of any such feature when a building  inspector  or
  6    similar  official certifies to the commission that such action is required for
  7    the public safety because of an unsafe or dangerous condition.
  8        (3)  Nothing in this act shall authorize or be construed to allow the des-
  9    ignation, regulation, conditioning or restriction by ordinance or other  means
 10    of any property or facility owned by the state of Idaho.
                                                                        
 11        SECTION  7.  An  emergency  existing  therefor,  which emergency is hereby
 12    declared to exist, this act shall be in full force and effect on and after its
 13    passage and approval.

Statement of Purpose / Fiscal Impact


	            STATEMENT OF PURPOSE

                          RS 11262

This bill would clarify that the existing laws allowing cities and 
counties to undertake local historical preservation activities were 
not intended to supercede the authority of the State of Idaho, with 
respect to state-owned property. The amendments in this bill would 
make clear that nothing in the laws would authorize or should be 
construed to allow the designation, regulation, conditioning or 
restriction by ordinance or other means of any property or facility 
owned by the state of Idaho.




                         FISCAL IMPACT

This bill would have no fiscal impact upon any state or local 
government funds.




Contact
Name:	Speaker Bruce Newcomb
Phone:	(208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE	        H 365