Major Land Use Bill in Legislature! Your action requested

[Tom Lamar <lamar@pcei.org>]

Just when we thought the legislative session was a sleeper . . . .

The legislature is considering several bills related to land use and the
development process used by cities and counties.  These bills make
significant changes to the Local Land Use Planning Act.  We are concerned
that some of these changes are not in the public's best interest -
especially those changes included in Senate Bills 1201 and 1120.  Please
take a look at this summary of bills that have our attention and why.
Several bills are based on recommendations that came out of last year's
Interim Committee on Private Property Rights.  They are currently before
the Senate Local Government Committee.  A hearing on these bills is
scheduled for Monday, Feb. 22 at 3:00 PM.  Our Senator Gary Schroeder is on
the committee hearing these bills.

Here's the scoop on the one House Bill (good) and then five Senate Bills
(bad, mixed and good):

* House Bill 157 - (Good) If you're interested in the protection of scenic
open space, high quality wildlife habitat and productive farmland,
*support* House Bill 157!  If passed, H157 would authorize a city or county
to establish programs that would allow development rights to be transferred
from one property (who's value as open space is very high) to another
property (where development is more appropriate).  Many states allow T.D.R.
(Transfer of Development Rights) programs by statute; Idaho currently does
not.  Examples of where a TDR program might be effective are the Wood River
Valley in Blaine County and the Foothills north of Boise.

A hearing on House Bill 157 will be held by the House Local Government
committee on Monday, Feb. 22 at 1:30 PM.  Members of the House Local
Government Committee reviewing this bill:

Ruby Stone (Chair) - District 17 - Boise
Twila Hornbeck (Vice Chair) - District 8 - Grangeville
Bill Taylor - District 11 - Nampa
Lenore Barrett - District 26 - Challis
Reed Hansen - District 29 - Idaho Falls
David Callister - District 17 - Boise
Jim Clark - District 3 - Hayden
Sher Sellman - District 20 - Mountain Home
Jim Stoicheff - District 1 - Sandpoint
Larry Watson - District 4 - Wallace

How to Contact Legislators:
Email - infocntr@lso.state.id.us
Fax - 334-5397
Phone - 332-1000

* Senate Bill 1201 - (Bad) This bill is probably the most troublesome of
the bunch.  Call it what you will:  a "househeeping", "clean up" or
"technical corrections" bill; the bottom line is that some of the changes
this bill would make to the Local Land Use Planning Act are substantial.
An overhaul as extensive as this one should involve more extensive public
input.   Here are two problems we see with this Senate Bill 1201:

1. Currently, the Local Land Use Planning Act requires that changes to a
zoning ordinance must be made "in accordance with" the adopted
Comprehensive Plan.  If enacted, SB 1201 would substantially weaken the
significance of the comprehensive plan by stating that zoning ordinance
changes need only "consider" the comprehensive plan.  In effect, this
change would give local governments permission to all but ignore their
comprehensive plan when considering changes to its zoning ordinance.

2. Historically, the Local Land Use Planning Act's requirement that land
use decisions made by local government be supported by written "findings of
fact and conclusions of law" has been an important tool of accountability
for both local governments and the public at-large.  The Idaho Supreme
Court has held in numerous decisions that findings of fact and conclusions
of law are a constitutional requirement.  A change included in Senate Bill
1201 would simply require local government to support land decisions by
written "reasoned statements" that give justification for the decision.
This change is contrary to standard, legally tested practice.  The
justification for this change is unclear, at best, and should be opposed.

* Senate Bill 1117 - (Mixed) Would place additional restrictions on how
long a city or government could impose and/or extend an emergency
moratorium. Moratorium lengths would be reduced from 120 to 82 days.  Also,
extension or reinstatement of a moratorium could only be done after a one
year period during which no moratorium was in place.  In other words, a
moratorium would have to be lifted for one year before it could be
reinstated. Moratoriums are typically imposed by a city or county when
existing development regulations are clearly not adequate to address a
particular  problem or when a lack of infrastructure capacity (like sewer
treatment) can not accommodate additional development.  Creating a
moratorium gives local government some time to respond to an emergency in
an appropriate manner.

* Senate Bill 1120 - (Mostly Bad) In theory, an applicant for a development
could sue a city or county if requirements being applied by an "ancillary
agency" are preventing the city or county from issuing the permit or
approval.
Examples of an "ancillary agency" provided in the bill include: municipal
corporation, school district, highway district, public health district,
fire protection district, and irrigation districts.

SB 1120 would make the city or county immune from lawsuits that could arise
in this situation.  It would allow a city or county to issue a "provisional
permit" even if an ancillary agency has not signed off on a development
application.  The city or county would notify the ancillary agency upon
issuance of a provisional permit.  This is where we get nervous:  issuance
of a provisional permit would authorize construction of the development
even if the ancillary agency has not given approval.  The ancillary agency,
assuming it is vested with the authority, could then bring an enforcement
action against the applicant.  If a lawsuits results, the city or county
would be held ammune.  The net result:  more lawsuits wasting more time and
money.  A major point of concern:  What if the reason an ancillary agency
can not sign off an a development application is because the application is
simply not in compliance with the duly adopted public health and safety
regulations the agency is required to enforce?

* Senate Bill 1121 - (Mixed) Establishes a time period of 182 days within
which a decision regarding a permit/zone change request should be made by a
local government.  The clock starts ticking the day a completed application
is submitted (yet the bill does not define "completed application").  If
the decision is not made within the 182 period, the applicant can submit a
written demand that a final decision be made. If an applicant doesn't like
a final decision made by local government and has exhausted all appeal
remedies available, he or she can, after giving the local government an
opportunity to respond to the takings claim at a public hearing, take the
local government to court to seek just compensation.

* Senate Bill 1124- (Good) This bill encourages an applicant and a local
government to enter into a mediation process if the local government can
not approve a permit application as submitted or if the applicant feels
that he or she can not accept the terms that would allow the local
government to issue an approval.   Though not perfect, this bill probably
deserves support.

Again, all the Senate bills described above are being heard by the Senate
Local Government Committee on Monday, Feb. 22, at 3:00 PM.  Members of this
committee include:

Jerry Thorne (Chair) - District 12 - Nampa
Moon Wheeler (Vice Chair) - District 35 - American Falls
Stan Hawkins - District 28 - Ucon
Evan Frasure - District 34- Pocatello
Grant Ipsen - District 17 - Boise
Gary Schroeder - District 5 - Moscow
Hal Bunderson - District 14 - Meridian
Joe Stegner - District 6 - Lewiston
Clint Stennett - District 21 - Ketchum

How to Contact Legislators:
Email - infocntr@lso.state.id.us
Fax - 334-5397
Phone - 332-1000


Thomas C. Lamar, Executive Director

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Palouse-Clearwater Environmental Institute
P O Box 8596; 112 West 4th St; Suite #1
Moscow ID 83843-1096
Phone (208)882-1444; Fax (208)882-8029
url:  http://www.moscow.com/pcei

Please Note our individual staff email addresses below:

Thomas C. Lamar, Executive Director: lamar@pcei.org
Kathleen Lester, Office Manager/Environmental Education: lester@pcei.org
Laurie Gardes, Financial Manager:  gardes@turbonet.com
Anita Grover, Watersheds: grover@pcei.org
Colette DePhelps, Community Food Systems: dephelps@pcei.org
Peggy Adams, Watersheds/Food Systems: peggy931@uidaho.edu
Jon Barrett, Idaho Smart Growth:  smartgro@micron.net
Elaine Clegg, Idaho Smart Growth:  eclegg@micron.net

Celebrating twelve years of connecting people, place and community.
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