2002 Legislation
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HOUSE BILL NO. 443 – Property, dvlpmnt rights, transfers

HOUSE BILL NO. 443

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


	                  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