2006 Legislation
Print Friendly

HOUSE BILL NO. 856 – Cities, annexation. area of impact


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

H0856.....................................................by WAYS AND MEANS
ANNEXATION - CITIES - Amends existing law to provide conditions that must
be met for land outside a negotiated area of impact to be annexed into a
03/29    House intro - 1st rdg - to printing
03/30    Rpt prt - to Loc Gov

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 856
                                BY WAYS AND MEANS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 50-222, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  8        50-222.  ANNEXATION  BY  CITIES.  (1)  Legislative intent. The legislature
  9    hereby declares and determines that it is the policy of  the  state  of  Idaho
 10    that  cities  of  the state should be able to annex lands which are reasonably
 11    necessary to assure the orderly development of  Idaho's  cities  in  order  to
 12    allow  efficient  and  economically viable provision of tax-supported and fee-
 13    supported municipal services, to enable the  orderly  development  of  private
 14    lands which benefit from the cost-effective availability of municipal services
 15    in  urbanizing areas and to equitably allocate the costs of public services in
 16    management of development on the urban fringe.
 17        (2)  General authority. Cities have the authority to  annex  land  into  a
 18    city  upon  compliance  with  the  procedures required in this section. In any
 19    annexation proceeding, all portions of  highways  lying  wholly  or  partially
 20    within  an area to be annexed shall be included within the area annexed unless
 21    expressly agreed between the annexing city and  the  governing  board  of  the
 22    highway  agency providing road maintenance at the time of annexation. Provided
 23    further, that said city council shall not have the power to declare such land,
 24    lots or blocks a part of said city if they will be connected to such city only
 25    by a shoestring or strip of land which comprises a railroad or highway  right-
 26    of-way.
 27        (3)  Annexation classifications. Annexations shall be classified and proc-
 28    essed  according  to  the  standards  for  each  respective category set forth
 29    herein. The three (3) categories of annexation are:
 30        (a)  Category A: Annexations  wherein  all  private  landowners  raise  no
 31        objection  to annexation, or annexations of any residential enclaved lands
 32        of less that than one hundred (100) privately-owned parcels,  irrespective
 33        of  surface  area, which are surrounded on all sides by land within a city
 34        or which are bounded on all sides by lands within a city and by lands  for
 35        which  owner  approval  must  be given pursuant to subsection (5)(b)(v) of
 36        this section, or which are bounded on all sides by lands within a city and
 37        by the boundary of the city's area of city impact.
 38        (b)  Category B: Annexations wherein:
 39             (i)   The subject lands contain less than one hundred (100)  separate
 40             private  ownerships and platted lots of record and where not all such
 41             landowners have consented to annexation; or
 42             (ii)  The subject lands contain more than one hundred (100)  separate
 43             private  ownerships  and  platted lots of record and where landowners
  1             owning more than fifty percent (50%) of the area of the subject  pri-
  2             vate  lands  have evidenced their consent to annexation at the outset
  3             of the annexation process; or
  4             (iii) The lands are the subject of  a  development  moratorium  or  a
  5             water  or  sewer  connection  restriction  imposed  by state or local
  6             health or environmental agencies; provided such lands  shall  not  be
  7             counted  for  purposes  of determining the number of separate private
  8             ownerships and platted lots of record  aggregated  to  determine  the
  9             appropriate category.
 10        (c)  Category  C:  Annexations wherein the subject lands contain more than
 11        one hundred (100) separate private ownerships and platted lots  of  record
 12        and  where  landowners owning more than fifty percent (50%) of the area of
 13        the subject private lands have not evidenced their consent  to  annexation
 14        at the outset of the annexation process.
 15        (4)  Evidence  of  consent  to  annexation.  For purposes of this section,
 16    prior consent to annex shall be deemed given when evidenced by written  autho-
 17    rization  or  approval  executed by the owner or the owner's authorized agent.
 18    Consent shall be implied for the area of all lands connected  to  a  water  or
 19    wastewater  collection  system operated by the city and for lands subject to a
 20    written consent to annex recorded in the  county  recorder's  office.  Written
 21    consent  to annex lands, if recorded in the county recorder's office, shall be
 22    binding upon subsequent purchasers, heirs, or assigns of  lands  addressed  in
 23    the  consent.  Lands  need not be contiguous or adjacent to the city limits at
 24    the time the landowner consents to annexation for the property to  be  subject
 25    to  a  valid  consent to annex; provided however, no annexation of lands shall
 26    occur, irrespective of consent, until such land becomes contiguous or adjacent
 27    to such city.
 28        (5)  Annexation procedures. Annexation of lands into a city  shall  follow
 29    the procedures applicable to the category of lands as established by this sec-
 30    tion.  The  implementation of any annexation proposal wherein the city council
 31    determines that annexation is appropriate shall be concluded with the  passage
 32    of an ordinance of annexation.
 33        (a)  Procedures  for  category  A  annexations:  Lands lying contiguous or
 34        adjacent to any city in the state of Idaho may be annexed by the  city  if
 35        the  proposed annexation meets the requirements of category A. Upon deter-
 36        mining that a proposed annexation meets such requirements, a city may ini-
 37        tiate the planning and zoning procedures set forth in  chapter  65,  title
 38        67,  Idaho  Code,  to establish the comprehensive planning policies, where
 39        necessary, and zoning classification of the lands to be annexed.
 40        (b)  Procedures for category B annexations: A city may  annex  lands  that
 41        would  qualify under the requirements of category B annexation if the fol-
 42        lowing requirements are met:
 43             (i)   The lands are contiguous or adjacent to the city and lie within
 44             the city's area of city impact;
 45             (ii)  The land is laid off into lots or blocks  containing  not  more
 46             than five (5) acres of land each, whether the same shall have been or
 47             shall be laid off, subdivided or platted in accordance with any stat-
 48             ute  of  this state or otherwise, or whenever the owner or proprietor
 49             or any person by or with his authority has sold or begun to sell  off
 50             such  contiguous  or adjacent lands by metes and bounds in tracts not
 51             exceeding five (5) acres, or whenever the land is surrounded  by  the
 52             city.  Splits  of  ownership which occurred prior to January 1, 1975,
 53             and which were the result of placement of  public  utilities,  public
 54             roads  or  highways, or railroad lines through the property shall not
 55             be considered as evidence of an intent to develop such land and shall
  1             not be sufficient evidence that the land has been laid off or  subdi-
  2             vided in lots or blocks. A single sale after January 1, 1975, of five
  3             (5)  acres or less to a family member of the owner for the purpose of
  4             constructing a residence shall not constitute a sale within the mean-
  5             ing of this section. For  purposes of this section,  "family  member"
  6             means  a  natural  person  or  the  spouse of a natural person who is
  7             related to the owner by blood, adoption or marriage within the  first
  8             degree of consanguinity;
  9             (iii) Preparation  and  publication  of  a  written  annexation plan,
 10             appropriate to  the  scale  of  the  annexation  contemplated,  which
 11             includes, at a minimum, the following elements:
 12                  (A)  The manner of providing tax-supported municipal services to
 13                  the lands proposed to be annexed;
 14                  (B)  The  changes  in  taxation and other costs, using examples,
 15                  which would result if the subject lands were to be annexed;
 16                  (C)  The means of providing fee-supported municipal services, if
 17                  any, to the lands proposed to be annexed;
 18                  (D)  A brief analysis of the  potential  effects  of  annexation
 19                  upon  other  units  of  local government which currently provide
 20                  tax-supported or fee-supported services to the lands proposed to
 21                  be annexed; and
 22                  (E)  The proposed future land use plan and zoning designation or
 23                  designations, subject to public hearing, for the lands  proposed
 24                  to be annexed;
 25             (iv)  Compliance  with  the notice and hearing procedures governing a
 26             zoning district boundary change as  set  forth  in  section  67-6511,
 27             Idaho Code, on the question of whether the property should be annexed
 28             and,  if  annexed, the zoning designation to be applied thereto; pro-
 29             vided however, the initial notice of public  hearing  concerning  the
 30             question  of annexation and zoning shall be published in the official
 31             newspaper of the city and mailed by first class mail to  every  prop-
 32             erty  owner  with lands included in such annexation proposal not less
 33             than twenty-eight (28) days prior to the initial public hearing.  All
 34             public  hearing notices shall establish a time and procedure by which
 35             comments concerning the proposed annexation may be received in  writ-
 36             ing  and heard and, additionally, public hearing notices delivered by
 37             mail shall include a one (1) page summary  of  the  contents  of  the
 38             city's proposed annexation plan and shall provide information regard-
 39             ing  where  the annexation plan may be obtained without charge by any
 40             property owner whose property would be subject to the annexation pro-
 41             posal.
 42             (v)  In addition to the standards set forth elsewhere  in  this  sec-
 43             tion,  annexation  of  the  following  lands  must meet the following
 44             requirements:
 45                  (A)  Property, owned by  a  county  or  any  entity  within  the
 46                  county,  that is used as a fairgrounds area under the provisions
 47                  of chapter 8, title 31, Idaho Code,  or  chapter  2,  title  22,
 48                  Idaho  Code, must have the consent of a majority of the board of
 49                  county commissioners of the county in which the  property  lies;
 50                  and
 51                  (B)  Property,  owned  by a nongovernmental entity, that is used
 52                  to provide outdoor recreational activities  to  the  public  and
 53                  that  has been designated as a planned unit development of fifty
 54                  (50) acres or more and does not require or utilize any city ser-
 55                  vices must have the express written permission of the nongovern-
  1                  mental entity owner.
  2             (vi)  After considering the written and  oral  comments  of  property
  3             owners  whose  land  would be annexed and other affected persons, the
  4             city council may proceed with the enactment of an ordinance of annex-
  5             ation and zoning. In the course of  the  consideration  of  any  such
  6             ordinance,  the  city  must make express findings, to be set forth in
  7             the minutes of the city council meeting at which  the  annexation  is
  8             approved, as follows:
  9                  (A)  The land to be annexed meets the applicable requirements of
 10                  this  section  and does not fall within the exceptions or condi-
 11                  tional exceptions contained in this section;
 12                  (B)  The annexation would be consistent with the public purposes
 13                  addressed in the annexation plan prepared by the city;
 14                  (C)  The annexation is  reasonably  necessary  for  the  orderly
 15                  development of the city;
 16             (vii) Notwithstanding  any  other provision of this section, railroad
 17             right-of-way property may be annexed pursuant to  this  section  only
 18             when  property  within  the city adjoins or will adjoin both sides of
 19             the right-of-way.
 20        (c)  Procedures for category C annexations: A city may  annex  lands  that
 21        would  qualify under the requirements of category C annexation if the fol-
 22        lowing requirements are met:
 23             (i)   Compliance with the  procedures  governing  category  B  annex-
 24             ations; and
 25             (ii)  Evidence of consent to annexation based upon the following pro-
 26             cedures:
 27                  (A)  Following completion of all procedures required for consid-
 28                  eration of a category B annexation, but prior to enactment of an
 29                  annexation  ordinance and upon an affirmative action by the city
 30                  council, the city shall mail notice to  all  private  landowners
 31                  owning  lands  within  the  area to be annexed, exclusive of the
 32                  owners of lands that receive water or sewer service  and  owners
 33                  of  lands  that are subject to a recorded consent to annex. Such
 34                  notice shall invite property owners to either give written  con-
 35                  sent  or express written opposition to the annexation, include a
 36                  description of how that consent or opposition can  be  made  and
 37                  where  it  can  be  filed,  and  inform the landowners where the
 38                  entire record of the subject annexation may  be  examined.  Such
 39                  mailed  notice  shall  also  include  a legal description of the
 40                  lands proposed for annexation and a  simple  map  depicting  the
 41                  location of the subject lands.
 42                  (B)  Each  landowner  desiring  to consent to or oppose the pro-
 43                  posed annexation must submit the consent or opposition, in writ-
 44                  ing, to the city clerk by a date specified in the notice,  which
 45                  date  shall  not  be  sooner than twenty-one (21) days after the
 46                  date of the mailing of such notice.
 47                  (C)  After the date specified in the notice for receipt of writ-
 48                  ten consent or opposition, the  city  clerk  shall  compile  and
 49                  present  to  the  city  council  a report setting forth: (i) the
 50                  total physical area sought to be annexed,  and  (ii)  the  total
 51                  physical  area  of  the  lands,  as expressed in acres or square
 52                  feet, whose owners have consented in writing to the  annexation,
 53                  plus the area of all lands receiving water or sewer service from
 54                  the city and the area of all lands subject to a recorded consent
 55                  to  annex.  Objections  received  after  the  conclusion  of the
  1                  twenty-one (21) day period shall not be  considered  unless  the
  2                  late objection is due to the city's failure to follow the proce-
  3                  dures  provided herein. Objections received from owners of lands
  4                  subject to a recorded consent to annex, or from owners receiving
  5                  water or sewer service from the city, shall  not  be  considered
  6                  objections  for purposes of this section. The clerk shall report
  7                  the results to the city council.
  8                  (D)  Upon receiving such report, the city council  shall  review
  9                  the  results  and  may  thereafter  confirm  whether consent was
 10                  received from the owners of a majority of  the  land  areas  and
 11                  those  providing  written consent, in addition to all lands sub-
 12                  ject to the implied consent  provisions  set  forth  herein  and
 13                  those  subject  to consent of record in the office of the county
 14                  recorder. The results of the report shall be  reflected  in  the
 15                  minutes  of  the  city council. If the report as accepted by the
 16                  city council confirms that owners of more land  area  have  con-
 17                  sented to annexation than oppose such annexation, the city coun-
 18                  cil may enact an ordinance of annexation, which thereafter shall
 19                  be published and become  effective according to the terms of the
 20                  ordinance.  If the report confirms that owners of more land area
 21                  oppose annexation than consent to such annexation, the  category
 22                  C annexation shall not be authorized.
 23        (6)  The  decision of a city council to annex and zone lands as a category
 24    B or category C annexation shall be subject to judicial review  in  accordance
 25    with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
 26    to  the  standards  set  forth in section 67-5279, Idaho Code. Any such appeal
 27    shall be filed by an affected person in  the  appropriate  district  court  no
 28    later  than twenty-eight (28) days after the date of publication of the annex-
 29    ation ordinance. All cases in which there may arise a question of the validity
 30    of any annexation under this section shall be advanced as a matter of  immedi-
 31    ate  public  interest and concern, and shall be heard by the district court at
 32    the earliest practicable time.
 33        (7)  Annexation of noncontiguous municipal airfield. A city may annex land
 34    that is not contiguous to the city and is occupied by a municipally  owned  or
 35    operated  airport  or  landing  field. However, a city may not annex any other
 36    land  adjacent  to  such  noncontiguous  facilities  which  is  not  otherwise
 37    annexable pursuant to this section.
 38        (8)  A city shall not annex land into the city that is outside its negoti-
 39    ated area of impact or land that is  in  another  city's  negotiated  area  of
 40    impact without the consent of a majority of the members of the city council of
 41    the  city  whose area of impact will be affected. Such permission shall not be
 42    arbitrarily denied if it is within the best interests of the public.
 43        The following factors shall be considered for an annexation to be  in  the
 44    best interests of the public:
 45        (a)  The  manner and cost of providing tax supported municipal services to
 46        the lands proposed to be included in the annexation;
 47        (b)  The changes in taxation and other costs which  would  result  if  the
 48        subject lands were to be included in the annexation;
 49        (c)  The  means  of providing fee supported municipal services, if any, to
 50        the lands to be included in the annexation;
 51        (d)  An analysis of the potential effects of annexation upon  other  units
 52        of local government with currently provided tax supported or fee supported
 53        services to the lands to be included in the annexation; and
 54        (e)  The  proposed future land use plan and zoning designation or designa-
 55        tions, subject to public hearing, for the lands proposed to be included in
  1        the annexation.
  2        (9)  A city shall not annex land into the city that is outside its negoti-
  3    ated area of impact without consent of the county commissioners.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16177

The purpose of this bill is to restrict the cities' ability to
annex outside of their negotiated area of impact.

                           FISCAL NOTE

There is no fiscal impact.

Name: Rep Mike Moyle 
Phone: 208 332 1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 856