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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
|||| 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
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