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H0443aa.................................................by LOCAL GOVERNMENT
PROPERTY DEVELOPMENT RIGHTS - Amends existing law to revise procedures
relating to transfers of property development rights.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Loc Gov
01/31 To Gen Ord
02/05 Rpt out amen - to engros
02/06 Rpt engros - 1st rdg - to 2nd rdg as amen
02/07 2nd rdg - to 3rd rdg as amen
02/13 Rpt out - ret'd to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 443
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO DEVELOPMENT RIGHTS; AMENDING SECTION 67-6515A, IDAHO CODE, TO PRO-
3 VIDE THAT A PERSON MAY NOT ACQUIRE A DEVELOPMENT RIGHT WITHOUT THE INTENT
4 TO EXERCISE THAT RIGHT WITHIN A CERTAIN AREA AND WITHIN A CERTAIN PERIOD
5 OF TIME UNLESS OTHERWISE AUTHORIZED BY CITY OR COUNTY ORDINANCE, TO PRO-
6 VIDE FOR A WAIVER TO THE AUTOMATIC REVERSION OF CERTAIN DEVELOPMENT
7 RIGHTS, TO PROVIDE THAT ORDINANCES PROVIDING FOR THE TRANSFER OF DEVELOP-
8 MENT RIGHTS SHALL PRESCRIBE CERTAIN PROCEDURES, TO PROVIDE THAT INSTRU-
9 MENTS SEVERING DEVELOPMENT RIGHTS SHALL SPECIFICALLY DESCRIBE THE PROPERTY
10 AND BE EXECUTED BY CERTAIN PERSONS AND RECORDED WITH THE COUNTY RECORDER
11 AND TO PROVIDE THAT TRANSFERS OF DEVELOPMENT RIGHTS WITHOUT WRITTEN AND
12 RECORDED CONSENT ARE VOID.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 67-6515A, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-6515A. TRANSFER OF DEVELOPMENT RIGHTS. (1) Any city or county govern-
17 ing body may, by ordinance, create development rights and establish procedures
18 authorizing landowners to voluntarily transfer said development rights subject
19 to:
20 (a) Such conditions as the governing body shall determine to fulfill the
21 goals of the city or county to preserve open space, protect wildlife habi-
22 tat and critical areas, and enhance and maintain the rural character of
23 lands with contiguity to agricultural lands suitable for long-range farm-
24 ing and ranching operations; and
25 (b) Voluntary acceptance by the landowner of the development rights and
26 any land use restrictions conditional to such acceptance.
27 (2) Before designating sending areas and receiving areas, a city or
28 county shall conduct an analysis of the market in an attempt to assure that
29 areas designated as receiving areas will have the capacity to accommodate the
30 number of development rights expected to be generated from the sending areas.
31 (3) Ordinances providing for a transfer of development rights shall not
32 require a property owner in a sending area to sell development rights. Once a
33 transfer of development rights has been exercised it shall constitute a
34 restriction on the development of the property in perpetuity, unless the city
35 or county elects to extinguish such restriction pursuant to the provisions of
36 this chapter.
37 (4) A city or county may not condition an application for a permit to
38 which an applicant is otherwise entitled under existing zoning and subdivision
39 ordinances on the acquisition of development rights. A city or county may not
40 condition an application for a zoning district boundary change which is con-
41 sistent with the comprehensive plan on the acquisition of development rights.
42 A city or county may not reduce the density of an existing zone and thereafter
43 require an applicant to acquire development rights as a condition of approving
2
1 a request for a zoning district boundary change which would permit greater
2 density.
3 (5) Unless otherwise authorized by a city or county ordinance, aA person
4 may not acquire a development right without the intent to exercise that right
5 within a receiving area within ten (10) years of the date of acquisition.
6 Upon a showing of good cause, a city or county may extend the right to exer-
7 cise the development right for an additional period not to exceed five (5)
8 years. If the development right is not used before the end of the time period
9 herein provided and any extension thereof, the development right will revert
10 to the owner of the property from which it was transferred unless the city or
11 county elects to waive such automatic reversion pursuant to the provisions of
12 this chapter.
13 (6) No transfer of a development right, as contemplated herein, shall
14 affect the validity or continued right to use any water right that is appurte-
15 nant to the real property from which such development right is transferred.
16 The transfer of a water right shall remain subject to the provisions of title
17 42, Idaho Code.
18 (7) (a) Ordinances providing for the transfer of development rights shall
19 provide that no transfer of development rights may occur without the writ-
20 ten consent of prescribe procedures for the issuance and recording of the
21 instruments necessary to sever development rights from the sending prop-
22 erty and to affix the development rights to the receiving property. These
23 instruments shall specifically describe the property, shall be executed by
24 all lienholders and other parties with an interest of record in any of the
25 affected property, from which development rights are proposed to be trans-
26 ferred and shall be recorded with the county recorder. Transfers of devel-
27 opment rights without such written and recorded consent shall be void.
28 (b) A development right which is transferred shall be deemed to be an
29 interest in real property and the rights evidenced thereby shall inure to
30 the benefit of the transferee, his heirs, successors and assigns. An unex-
31 ercised development right shall not be taxed as real or personal property.
32 (8) For the purposes of this section:
33 (a) "Development rights" shall mean the rights permitted to a lot, parcel
34 or area of land under a zoning or other ordinance respecting permissible
35 use, area, density, bulk or height of improvements. Development rights may
36 be calculated and allocated in accordance with such factors as area, floor
37 area, floor area ratios, density, height limitations, or any other crite-
38 ria that will effectively quantify a value for the development right in a
39 reasonable and uniform manner that will carry out the objectives of this
40 section.
41 (b) "Receiving area" shall mean one (1) or more designated areas of land
42 to which development rights generated from one (1) or more sending areas
43 may be transferred and in which increased development is permitted to
44 occur by reason of such transfer.
45 (c) "Sending area" shall mean one (1) or more designated areas of land in
46 which development rights may be designated for use in one (1) or more
47 receiving areas.
48 (d) "Transfer of development rights" shall mean the process by which
49 development rights are transferred from one (1) lot, parcel or area of
50 land in any sending area to another lot, parcel or area of land in one (1)
51 or more receiving areas.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Black
Seconded by Bieter
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 443
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 12, following "chapter" insert: ";
3 provided however, that a development right acquired pursuant to this section
4 shall be subject to the provisions of the city or county ordinance as such
5 ordinance existed at the time of the acquisition".
6 CORRECTION TO TITLE
7 On page 1, in line 7, following "RIGHTS," insert: "TO PROVIDE THAT DEVEL-
8 OPMENT RIGHTS SHALL BE SUBJECT TO THE PROVISIONS OF CITY OR COUNTY ORDINANCES
9 EXISTING AT THE TIME OF ACQUISITION,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 443, As Amended
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO DEVELOPMENT RIGHTS; AMENDING SECTION 67-6515A, IDAHO CODE, TO PRO-
3 VIDE THAT A PERSON MAY NOT ACQUIRE A DEVELOPMENT RIGHT WITHOUT THE INTENT
4 TO EXERCISE THAT RIGHT WITHIN A CERTAIN AREA AND WITHIN A CERTAIN PERIOD
5 OF TIME UNLESS OTHERWISE AUTHORIZED BY CITY OR COUNTY ORDINANCE, TO PRO-
6 VIDE FOR A WAIVER TO THE AUTOMATIC REVERSION OF CERTAIN DEVELOPMENT
7 RIGHTS, TO PROVIDE THAT DEVELOPMENT RIGHTS SHALL BE SUBJECT TO THE PROVI-
8 SIONS OF CITY OR COUNTY ORDINANCES EXISTING AT THE TIME OF ACQUISITION, TO
9 PROVIDE THAT ORDINANCES PROVIDING FOR THE TRANSFER OF DEVELOPMENT RIGHTS
10 SHALL PRESCRIBE CERTAIN PROCEDURES, TO PROVIDE THAT INSTRUMENTS SEVERING
11 DEVELOPMENT RIGHTS SHALL SPECIFICALLY DESCRIBE THE PROPERTY AND BE EXE-
12 CUTED BY CERTAIN PERSONS AND RECORDED WITH THE COUNTY RECORDER AND TO PRO-
13 VIDE THAT TRANSFERS OF DEVELOPMENT RIGHTS WITHOUT WRITTEN AND RECORDED
14 CONSENT ARE VOID.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 67-6515A, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-6515A. TRANSFER OF DEVELOPMENT RIGHTS. (1) Any city or county govern-
19 ing body may, by ordinance, create development rights and establish procedures
20 authorizing landowners to voluntarily transfer said development rights subject
21 to:
22 (a) Such conditions as the governing body shall determine to fulfill the
23 goals of the city or county to preserve open space, protect wildlife habi-
24 tat and critical areas, and enhance and maintain the rural character of
25 lands with contiguity to agricultural lands suitable for long-range farm-
26 ing and ranching operations; and
27 (b) Voluntary acceptance by the landowner of the development rights and
28 any land use restrictions conditional to such acceptance.
29 (2) Before designating sending areas and receiving areas, a city or
30 county shall conduct an analysis of the market in an attempt to assure that
31 areas designated as receiving areas will have the capacity to accommodate the
32 number of development rights expected to be generated from the sending areas.
33 (3) Ordinances providing for a transfer of development rights shall not
34 require a property owner in a sending area to sell development rights. Once a
35 transfer of development rights has been exercised it shall constitute a
36 restriction on the development of the property in perpetuity, unless the city
37 or county elects to extinguish such restriction pursuant to the provisions of
38 this chapter.
39 (4) A city or county may not condition an application for a permit to
40 which an applicant is otherwise entitled under existing zoning and subdivision
41 ordinances on the acquisition of development rights. A city or county may not
42 condition an application for a zoning district boundary change which is con-
43 sistent with the comprehensive plan on the acquisition of development rights.
2
1 A city or county may not reduce the density of an existing zone and thereafter
2 require an applicant to acquire development rights as a condition of approving
3 a request for a zoning district boundary change which would permit greater
4 density.
5 (5) Unless otherwise authorized by a city or county ordinance, aA person
6 may not acquire a development right without the intent to exercise that right
7 within a receiving area within ten (10) years of the date of acquisition.
8 Upon a showing of good cause, a city or county may extend the right to exer-
9 cise the development right for an additional period not to exceed five (5)
10 years. If the development right is not used before the end of the time period
11 herein provided and any extension thereof, the development right will revert
12 to the owner of the property from which it was transferred unless the city or
13 county elects to waive such automatic reversion pursuant to the provisions of
14 this chapter; provided however, that a development right acquired pursuant to
15 this section shall be subject to the provisions of the city or county ordi-
16 nance as such ordinance existed at the time of the acquisition.
17 (6) No transfer of a development right, as contemplated herein, shall
18 affect the validity or continued right to use any water right that is appurte-
19 nant to the real property from which such development right is transferred.
20 The transfer of a water right shall remain subject to the provisions of title
21 42, Idaho Code.
22 (7) (a) Ordinances providing for the transfer of development rights shall
23 provide that no transfer of development rights may occur without the writ-
24 ten consent of prescribe procedures for the issuance and recording of the
25 instruments necessary to sever development rights from the sending prop-
26 erty and to affix the development rights to the receiving property. These
27 instruments shall specifically describe the property, shall be executed by
28 all lienholders and other parties with an interest of record in any of the
29 affected property, from which development rights are proposed to be trans-
30 ferred and shall be recorded with the county recorder. Transfers of devel-
31 opment rights without such written and recorded consent shall be void.
32 (b) A development right which is transferred shall be deemed to be an
33 interest in real property and the rights evidenced thereby shall inure to
34 the benefit of the transferee, his heirs, successors and assigns. An unex-
35 ercised development right shall not be taxed as real or personal property.
36 (8) For the purposes of this section:
37 (a) "Development rights" shall mean the rights permitted to a lot, parcel
38 or area of land under a zoning or other ordinance respecting permissible
39 use, area, density, bulk or height of improvements. Development rights may
40 be calculated and allocated in accordance with such factors as area, floor
41 area, floor area ratios, density, height limitations, or any other crite-
42 ria that will effectively quantify a value for the development right in a
43 reasonable and uniform manner that will carry out the objectives of this
44 section.
45 (b) "Receiving area" shall mean one (1) or more designated areas of land
46 to which development rights generated from one (1) or more sending areas
47 may be transferred and in which increased development is permitted to
48 occur by reason of such transfer.
49 (c) "Sending area" shall mean one (1) or more designated areas of land in
50 which development rights may be designated for use in one (1) or more
51 receiving areas.
52 (d) "Transfer of development rights" shall mean the process by which
53 development rights are transferred from one (1) lot, parcel or area of
54 land in any sending area to another lot, parcel or area of land in one (1)
55 or more receiving areas.
STATEMENT OF PURPOSE
RS 11614
The purpose of this legislation is to amend existing enabling
legislation by providing a local option for transfer development of
right programs (TDR). The change in subsection five permits a local
entity to allow the holding of TDRs for longer than the current
ten-plus years. The provision in subsection seven is patterned
after Arizona’s TDR recordation legislation and clarifies the process.
FISCAL IMPACT
No fiscal impact to the state. Normal cost to a county in
implementation.
Contact
Name: Rep. Wendy Jaquet
Phone: 332-1132
Name: Sen. Clint Stennett
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE H 443