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S1307aa....................................by LOCAL GOVERNMENT AND TAXATION
LAND USE PLANNING - Amends and adds to existing law to provide that the
analysis of known wildland fire hazards shall be a component in the
comprehensive planning process of a planning or planning and zoning
commission unless the plan specifies reasons why it is unneeded; to provide
a deadline for the review and necessary amendments of certain plans and
ordinances by governing boards relating to the analysis of known wildland
fire hazards; and to require specified notice and hearing.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Loc Gov
02/24 Rpt out - to 14th Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - 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 Sponsor - Compton
Title apvd - to House
03/10 House intro - 1st rdg - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1307
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6508, IDAHO CODE, TO
3 PROVIDE THAT THE ANALYSIS OF KNOWN WILDLAND FIRE HAZARDS SHALL BE A COMPO-
4 NENT IN THE COMPREHENSIVE PLANNING PROCESS OF A PLANNING OR PLANNING AND
5 ZONING COMMISSION UNLESS THE PLAN SPECIFIES REASONS WHY IT IS UNNEEDED;
6 AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
7 TION 67-6514A, IDAHO CODE, TO PROVIDE A DEADLINE FOR THE REVIEW AND NECES-
8 SARY AMENDMENTS OF CERTAIN PLANS AND ORDINANCES BY GOVERNING BOARDS RELAT-
9 ING TO THE ANALYSIS OF KNOWN WILDLAND FIRE HAZARDS AND TO REQUIRE SPECI-
10 FIED NOTICE AND HEARING.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 67-6508, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-6508. PLANNING DUTIES. It shall be the duty of the planning or plan-
15 ning and zoning commission to conduct a comprehensive planning process
16 designed to prepare, implement, and review and update a comprehensive plan,
17 hereafter referred to as the plan. The plan shall include all land within the
18 jurisdiction of the governing board. The plan shall consider previous and
19 existing conditions, trends, desirable goals and objectives, or desirable
20 future situations for each planning component. The plan with maps, charts, and
21 reports shall be based on the following components as they may apply to land
22 use regulations and actions unless the plan specifies reasons why a particular
23 component is unneeded.
24 (a) Property Rights -- An analysis of provisions which may be necessary
25 to insure that land use policies, restrictions, conditions and fees do not
26 violate private property rights, adversely impact property values or create
27 unnecessary technical limitations on the use of property and analysis as pre-
28 scribed under the declarations of purpose in chapter 80, title 67, Idaho Code.
29 (b) Population -- A population analysis of past, present, and future
30 trends in population including such characteristics as total population, age,
31 sex, and income.
32 (c) School Facilities and Transportation -- An analysis of public school
33 capacity and transportation considerations associated with future development.
34 (d) Economic Development -- An analysis of the economic base of the area
35 including employment, industries, economies, jobs, and income levels.
36 (e) Land Use -- An analysis of natural land types, existing land covers
37 and uses, and the intrinsic suitability of lands for uses such as agriculture,
38 forestry, mineral exploration and extraction, preservation, recreation, hous-
39 ing, commerce, industry, and public facilities. A map shall be prepared indi-
40 cating suitable projected land uses for the jurisdiction.
41 (f) Natural Resource -- An analysis of the uses of rivers and other
42 waters, forests, range, soils, harbors, fisheries, wildlife, minerals, thermal
43 waters, beaches, watersheds, and shorelines.
2
1 (g) Hazardous Areas -- An analysis of known hazards as may result from
2 susceptibility to surface ruptures from faulting, ground shaking, ground fail-
3 ure, landslides or mudslides; avalanche hazards resulting from development in
4 the known or probable path of snowslides and avalanches, and floodplain haz-
5 ards.
6 (h) Wildland Fire Hazards -- An analysis of known wildland fire hazards
7 as may result from susceptibility to wildland fires, including the presence of
8 wildland urban interface, the presence of structures, access for fire suppres-
9 sion, climatic conditions, the severity of fire hazard that is expected to
10 prevail in an area, and/or other fire hazards as determined.
11 (i) Public Services, Facilities, and Utilities -- An analysis showing
12 general plans for sewage, drainage, power plant sites, utility transmission
13 corridors, water supply, fire stations and fire fighting equipment, health and
14 welfare facilities, libraries, solid waste disposal sites, schools, public
15 safety facilities and related services. The plan may also show locations of
16 civic centers and public buildings.
17 (ij) Transportation -- An analysis, prepared in coordination with the
18 local jurisdiction(s) having authority over the public highways and streets,
19 showing the general locations and widths of a system of major traffic thor-
20 oughfares and other traffic ways, and of streets and the recommended treatment
21 thereof. This component may also make recommendations on building line set-
22 backs, control of access, street naming and numbering, and a proposed system
23 of public or other transit lines and related facilities including rights-of-
24 way, terminals, future corridors, viaducts and grade separations. The compo-
25 nent may also include port, harbor, aviation, and other related transportation
26 facilities.
27 (jk) Recreation -- An analysis showing a system of recreation areas,
28 including parks, parkways, trailways, river bank greenbelts, beaches, play-
29 grounds, and other recreation areas and programs.
30 (kl) Special Areas or Sites -- An analysis of areas, sites, or structures
31 of historical, archeological, architectural, ecological, wildlife, or scenic
32 significance.
33 (lm) Housing -- An analysis of housing conditions and needs; plans for
34 improvement of housing standards; and plans for the provision of safe, sani-
35 tary, and adequate housing, including the provision for low-cost conventional
36 housing, the siting of manufactured housing and mobile homes in subdivisions
37 and parks and on individual lots which are sufficient to maintain a competi-
38 tive market for each of those housing types and to address the needs of the
39 community.
40 (mn) Community Design -- An analysis of needs for governing landscaping,
41 building design, tree planting, signs, and suggested patterns and standards
42 for community design, development, and beautification.
43 (no) Implementation -- An analysis to determine actions, programs, bud-
44 gets, ordinances, or other methods including scheduling of public expenditures
45 to provide for the timely execution of the various components of the plan.
46 Nothing herein shall preclude the consideration of additional planning
47 components or subject matter.
48 SECTION 2. That Chapter 65, Title 67, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 67-6514A, Idaho Code, and to read as follows:
51 67-6514A. EXISTING PLANS AND ORDINANCES -- KNOWN WILDLAND FIRE HAZARDS. A
52 governing board, using any comprehensive plan, zoning ordinance, subdivision
53 ordinance or ordinance related to planned unit developments, in existence on
3
1 the effective date of this act, shall conduct a review of those plans and
2 ordinances and shall make necessary amendments in accordance with subsection
3 (h) of section 67-6508, Idaho Code, prior to January 1, 2006, following notice
4 and hearing pursuant to section 67-6509, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Noh
Seconded by Gannon
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1307
1 AMENDMENT TO SECTION 2
2 On page 3 of the printed bill, in line 3, delete "prior to January 1,
3 2006,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1307, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6508, IDAHO CODE, TO
3 PROVIDE THAT THE ANALYSIS OF KNOWN WILDLAND FIRE HAZARDS SHALL BE A COMPO-
4 NENT IN THE COMPREHENSIVE PLANNING PROCESS OF A PLANNING OR PLANNING AND
5 ZONING COMMISSION UNLESS THE PLAN SPECIFIES REASONS WHY IT IS UNNEEDED;
6 AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
7 TION 67-6514A, IDAHO CODE, TO PROVIDE A DEADLINE FOR THE REVIEW AND NECES-
8 SARY AMENDMENTS OF CERTAIN PLANS AND ORDINANCES BY GOVERNING BOARDS RELAT-
9 ING TO THE ANALYSIS OF KNOWN WILDLAND FIRE HAZARDS AND TO REQUIRE SPECI-
10 FIED NOTICE AND HEARING.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 67-6508, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-6508. PLANNING DUTIES. It shall be the duty of the planning or plan-
15 ning and zoning commission to conduct a comprehensive planning process
16 designed to prepare, implement, and review and update a comprehensive plan,
17 hereafter referred to as the plan. The plan shall include all land within the
18 jurisdiction of the governing board. The plan shall consider previous and
19 existing conditions, trends, desirable goals and objectives, or desirable
20 future situations for each planning component. The plan with maps, charts, and
21 reports shall be based on the following components as they may apply to land
22 use regulations and actions unless the plan specifies reasons why a particular
23 component is unneeded.
24 (a) Property Rights -- An analysis of provisions which may be necessary
25 to insure that land use policies, restrictions, conditions and fees do not
26 violate private property rights, adversely impact property values or create
27 unnecessary technical limitations on the use of property and analysis as pre-
28 scribed under the declarations of purpose in chapter 80, title 67, Idaho Code.
29 (b) Population -- A population analysis of past, present, and future
30 trends in population including such characteristics as total population, age,
31 sex, and income.
32 (c) School Facilities and Transportation -- An analysis of public school
33 capacity and transportation considerations associated with future development.
34 (d) Economic Development -- An analysis of the economic base of the area
35 including employment, industries, economies, jobs, and income levels.
36 (e) Land Use -- An analysis of natural land types, existing land covers
37 and uses, and the intrinsic suitability of lands for uses such as agriculture,
38 forestry, mineral exploration and extraction, preservation, recreation, hous-
39 ing, commerce, industry, and public facilities. A map shall be prepared indi-
40 cating suitable projected land uses for the jurisdiction.
41 (f) Natural Resource -- An analysis of the uses of rivers and other
42 waters, forests, range, soils, harbors, fisheries, wildlife, minerals, thermal
43 waters, beaches, watersheds, and shorelines.
2
1 (g) Hazardous Areas -- An analysis of known hazards as may result from
2 susceptibility to surface ruptures from faulting, ground shaking, ground fail-
3 ure, landslides or mudslides; avalanche hazards resulting from development in
4 the known or probable path of snowslides and avalanches, and floodplain haz-
5 ards.
6 (h) Wildland Fire Hazards -- An analysis of known wildland fire hazards
7 as may result from susceptibility to wildland fires, including the presence of
8 wildland urban interface, the presence of structures, access for fire suppres-
9 sion, climatic conditions, the severity of fire hazard that is expected to
10 prevail in an area, and/or other fire hazards as determined.
11 (i) Public Services, Facilities, and Utilities -- An analysis showing
12 general plans for sewage, drainage, power plant sites, utility transmission
13 corridors, water supply, fire stations and fire fighting equipment, health and
14 welfare facilities, libraries, solid waste disposal sites, schools, public
15 safety facilities and related services. The plan may also show locations of
16 civic centers and public buildings.
17 (ij) Transportation -- An analysis, prepared in coordination with the
18 local jurisdiction(s) having authority over the public highways and streets,
19 showing the general locations and widths of a system of major traffic thor-
20 oughfares and other traffic ways, and of streets and the recommended treatment
21 thereof. This component may also make recommendations on building line set-
22 backs, control of access, street naming and numbering, and a proposed system
23 of public or other transit lines and related facilities including rights-of-
24 way, terminals, future corridors, viaducts and grade separations. The compo-
25 nent may also include port, harbor, aviation, and other related transportation
26 facilities.
27 (jk) Recreation -- An analysis showing a system of recreation areas,
28 including parks, parkways, trailways, river bank greenbelts, beaches, play-
29 grounds, and other recreation areas and programs.
30 (kl) Special Areas or Sites -- An analysis of areas, sites, or structures
31 of historical, archeological, architectural, ecological, wildlife, or scenic
32 significance.
33 (lm) Housing -- An analysis of housing conditions and needs; plans for
34 improvement of housing standards; and plans for the provision of safe, sani-
35 tary, and adequate housing, including the provision for low-cost conventional
36 housing, the siting of manufactured housing and mobile homes in subdivisions
37 and parks and on individual lots which are sufficient to maintain a competi-
38 tive market for each of those housing types and to address the needs of the
39 community.
40 (mn) Community Design -- An analysis of needs for governing landscaping,
41 building design, tree planting, signs, and suggested patterns and standards
42 for community design, development, and beautification.
43 (no) Implementation -- An analysis to determine actions, programs, bud-
44 gets, ordinances, or other methods including scheduling of public expenditures
45 to provide for the timely execution of the various components of the plan.
46 Nothing herein shall preclude the consideration of additional planning
47 components or subject matter.
48 SECTION 2. That Chapter 65, Title 67, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 67-6514A, Idaho Code, and to read as follows:
51 67-6514A. EXISTING PLANS AND ORDINANCES -- KNOWN WILDLAND FIRE HAZARDS. A
52 governing board, using any comprehensive plan, zoning ordinance, subdivision
53 ordinance or ordinance related to planned unit developments, in existence on
3
1 the effective date of this act, shall conduct a review of those plans and
2 ordinances and shall make necessary amendments in accordance with subsection
3 (h) of section 67-6508, Idaho Code, following notice and hearing pursuant to
4 section 67-6509, Idaho Code.
STATEMENT OF PURPOSE
RS 13995
The destruction of private property resulting from
residential and commercial construction in heavily forested areas
has grown dramatically in recent years in the west. In addition
to the loss of private property, federal and state fire fighting
costs focus heavily on efforts to protect such property, often at
the expense of letting other resources burn. Federal forest and
range management programs and policies are now focused upon
minimizing these extreme costs. Local government planning and
zoning decisions are a critical key to success.
This proposal requires local governments to address these
issues in planning and zoning processes.
FISCAL IMPACT
There will be added hearing and administrative costs for
local governments, but long term costs for local, state and
federal taxpayers and property owners should be reduced.
Contact
Name: Senator Laird Noh
Phone: 332-1333
STATEMENT OF PURPOSE/FISCAL NOTE S 1307