2001 Legislation
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SENATE BILL NO. 1198 – Subdivision, boundary lot lines

SENATE BILL NO. 1198

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S1198................................................by JUDICIARY AND RULES
SUBDIVISIONS - Amends existing law to provide that at no time shall any
definition of "subdivision," as provided in any local land use planning
ordinance, be defined to include the removal, modification or relocation of
boundary lot lines commonly shared by one or more parcels titled by the
same owner when the subject property is not within a subdivision and when
such removal, modification or relocation does not increase the number of
parcels or create any additional substandard parcels; and to provide that
if an ordinance of a political subdivision, which is adopted in lieu of the
definition provided by law, is contrary to the restriction specified, the
ordinance shall be null, void and unenforceable.
                                                                        
03/05    Senate intro - 1st rdg - to printing
03/06    Rpt prt - to Loc Gov
03/12    Rpt out - to 14th Ord
03/30    Rpt out NOT amen - ret'd to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1198
                                                                        
                              BY JUDICIARY AND RULES 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 include
 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 the subject  property
 29    is  not within a subdivision and when such removal, modification or relocation
 30    does not increase the number of parcels or create any  additional  substandard
 31    parcels. In addition, any provision of an ordinance of a political subdivision
 32    adopted  in  lieu  of  the definition provided herein which is contrary to the
 33    restriction specified herein, shall be null, void and unenforceable;
 34        (16.) Witness corner: A monumented point usually on a lot line or boundary
 35    line of a survey, near a corner and established  in  situations  where  it  is
 36    impracticable to occupy or monument the corner.
                                                                        
 37        SECTION  2.  That  Section 67-6513, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        67-6513.  SUBDIVISION ORDINANCE. (1)  Each governing board shall  provide,
 40    by  ordinance  adopted, amended, or repealed in accordance with the notice and
 41    hearing procedures provided under section 67-6509, Idaho Code,  for  standards
 42    and  for the processing of applications for subdivision permits under sections
 43    50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for miti-
 44    gation of the effects of subdivision development on the ability  of  political
 45    subdivisions  of  the  state,  including school districts, to deliver services
 46    without compromising quality of  service  delivery  to  current  residents  or
 47    imposing  substantial  additional  costs upon current residents to accommodate
 48    the proposed subdivision. The term "subdivision development" as used  in  this
 49    chapter  shall not include the removal, modification or relocation of boundary
 50    lot lines commonly shared by one (1) or more parcels titled by the same  owner
 51    when  the  subject property is not within a subdivision and when such removal,
 52    modification or relocation does not increase the number of parcels  or  create
 53    any additional substandard parcels.
                                                                        
                                           3
                                                                        
  1        (2)  Fees  established for purposes of mitigating the financial impacts of
  2    development must comply with the provisions of chapter  82,  title  67,  Idaho
  3    Code.
  4        (3)  Any provision of an ordinance of a political subdivision of the state
  5    which  is  contrary to the provisions of this chapter, shall be null, void and
  6    unenforceable.
                                                                        
  7        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
  8    declared to exist, this act shall be in full force and effect on and after its
  9    passage and approval.

Statement of Purpose / Fiscal Impact


        

                        STATEMENT OF PURPOSE
        
                              RS 11203
        
To provide an enhancement to the scope and authority of a

subdivision ordinance to provide that an owner of adjoining lots

not within a subdivision may remove, modify, or relocate a

boundary line provided it does not increase the number of

parcels.
        
        
        
        
                            FISCAL IMPACT        
        
        
No fiscal impact
        
        
        
        
        
        
        
        
        
        
        
Contact
Name:  Bart M. Davis
Phone: 208/332-1339
Name:  Melvin M. Richardson
Phone: 208/332-1358
                                  
        



STATEMENT OF PURPOSE/FISCAL NOTE                 S 1198