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H0321......................................................by STATE AFFAIRS
DEVELOPMENT RIGHTS - Amends existing law to provide that sellers and buyers
of transferable development rights have the discretion to make certain
determinations; to provide that ordinances shall prescribe procedures for
the issuance and recording of certain instruments relating to the transfer
of development rights; and to provide that transfers of development rights
without written and recorded consent shall be void.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to St Aff
03/06 Ref'd to Loc Gov
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace),
Martinez, McGeachin, McKague, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood,
Mr. Speaker.
NAYS -- None
Absent and excused -- Meyer
Floor Sponsor - Jaquet
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Loc Gov
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/25 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Stennett & Gannon
Title apvd - to House
03/26 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/31 To Governor
04/04 Governor signed
Session Law Chapter 224
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 321
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DEVELOPMENT RIGHTS; AMENDING SECTION 67-6515A, IDAHO CODE, TO PRO-
3 VIDE THAT SELLERS AND BUYERS OF TRANSFERABLE DEVELOPMENT RIGHTS SHALL HAVE
4 THE DISCRETION TO MAKE CERTAIN DETERMINATIONS REGARDING SUCH RIGHTS, TO
5 PROVIDE FOR TIME PERIODS SET PURSUANT TO WRITTEN CONTRACTS, TO PROVIDE
6 THAT ORDINANCES SHALL PRESCRIBE PROCEDURES FOR THE ISSUANCE AND RECORDING
7 OF CERTAIN INSTRUMENTS RELATING TO THE TRANSFER OF DEVELOPMENT RIGHTS, TO
8 SET FORTH REQUIREMENTS FOR SUCH INSTRUMENTS AND TO PROVIDE THAT TRANSFERS
9 OF DEVELOPMENT RIGHTS WITHOUT WRITTEN AND RECORDED CONSENT SHALL BE VOID.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 67-6515A, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-6515A. TRANSFER OF DEVELOPMENT RIGHTS. (1) Any city or county govern-
14 ing body may, by ordinance, create development rights and establish procedures
15 authorizing landowners to voluntarily transfer said development rights subject
16 to:
17 (a) Such conditions as the governing body shall determine to fulfill the
18 goals of the city or county to preserve open space, protect wildlife habi-
19 tat and critical areas, and enhance and maintain the rural character of
20 lands with contiguity to agricultural lands suitable for long-range farm-
21 ing and ranching operations; and
22 (b) Voluntary acceptance by the landowner of the development rights and
23 any land use restrictions conditional to such acceptance.
24 (2) Before designating sending areas and receiving areas, a city or
25 county shall conduct an analysis of the market in an attempt to assure that
26 areas designated as receiving areas will have the capacity to accommodate the
27 number of development rights expected to be generated from the sending areas.
28 (3) Ordinances providing for a transfer of development rights shall not
29 require a property owner in a sending area to sell development rights. Once a
30 transfer of development rights has been exercised it shall constitute a
31 restriction on the development of the property in perpetuity, unless the city
32 or county elects to extinguish such restriction pursuant to the provisions of
33 this chapter.
34 (4) A city or county may not condition an application for a permit to
35 which an applicant is otherwise entitled under existing zoning and subdivision
36 ordinances on the acquisition of development rights. A city or county may not
37 condition an application for a zoning district boundary change which is con-
38 sistent with the comprehensive plan on the acquisition of development rights.
39 A city or county may not reduce the density of an existing zone and thereafter
40 require an applicant to acquire development rights as a condition of approving
41 a request for a zoning district boundary change which would permit greater
42 density.
43 (5) A person may not acquire a development right without the intent to
2
1 exercise that right within a receiving area within ten (10) years of the date
2 of acquisition. Upon a showing of good cause, a city or county may extend the
3 right to exercise the development right for an additional period not to exceed
4 five (5) years It shall be at the discretion of the persons selling and buying
5 a transferable development right to determine whether a right will be trans-
6 ferred permanently without being exercised in a designated receiving area or
7 whether a right will have requirements to be exercised within a designated
8 receiving area within a set time period. If the development right is not used
9 before the end of the time period herein provided by written contract and any
10 extension thereof, the development right will revert to the owner of the prop-
11 erty from which it was transferred.
12 (6) No transfer of a development right, as contemplated herein, shall
13 affect the validity or continued right to use any water right that is appurte-
14 nant to the real property from which such development right is transferred.
15 The transfer of a water right shall remain subject to the provisions of title
16 42, Idaho Code.
17 (7) (a) Ordinances providing for the transfer of development rights shall
18 provide that no transfer of development rights may occur without the writ-
19 ten consent of prescribe procedures for the issuance and recording of the
20 instruments necessary to sever development rights from the sending prop-
21 erty and to affix the development rights to the receiving property. These
22 instruments shall specifically describe the property, shall be executed by
23 all lienholders and other parties with an interest of record in any of the
24 affected property, from which development rights are proposed to be trans-
25 ferred and shall be recorded with the county recorder. Transfers of devel-
26 opment rights without such written and recorded consent shall be void.
27 (b) A development right which is transferred shall be deemed to be an
28 interest in real property and the rights evidenced thereby shall inure to
29 the benefit of the transferee, his heirs, successors and assigns. An unex-
30 ercised development right shall not be taxed as real or personal property.
31 (8) For the purposes of this section:
32 (a) "Development rights" shall mean the rights permitted to a lot, parcel
33 or area of land under a zoning or other ordinance respecting permissible
34 use, area, density, bulk or height of improvements. Development rights may
35 be calculated and allocated in accordance with such factors as area, floor
36 area, floor area ratios, density, height limitations, or any other crite-
37 ria that will effectively quantify a value for the development right in a
38 reasonable and uniform manner that will carry out the objectives of this
39 section.
40 (b) "Receiving area" shall mean one (1) or more designated areas of land
41 to which development rights generated from one (1) or more sending areas
42 may be transferred and in which increased development is permitted to
43 occur by reason of such transfer.
44 (c) "Sending area" shall mean one (1) or more designated areas of land in
45 which development rights may be designated for use in one (1) or more
46 receiving areas.
47 (d) "Transfer of development rights" shall mean the process by which
48 development rights are transferred from one (1) lot, parcel or area of
49 land in any sending area to another lot, parcel or area of land in one (1)
50 or more receiving areas.
STATEMENT OF PURPOSE
RS 13077
The purpose of this legislation is to state that those who are
buying and selling transferable development rights have the
discretion as to whether the right will be transferred
permanently or only for a fixed period of time, stated in a
written contract that must be recorded with the county recorder.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Representative Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 321