House Considers Repealing Requirements for County Land Use Plans

On February 11, 2019, State Representative John Green (R-Post Falls) introduced House Bill 127 (H0127). The stated purpose of the legislation is “to allow every county the option of making a determination as to whether it is necessary, prudent or fiscally responsible to develop a ‘Comprehensive Plan’ or ‘Land Use Code’.”

The current law regarding Local Land Use Planning says “every city and county shall exercise the powers conferred.” This can be interpreted to mean that every county (despite the density of population) must create a land use plan (similar to a city plan). House Bill 127 reserves the right of the county to do that with rural areas if they choose to do so, but also allows them the power to choose not to create a land plan if the people of the county don’t deem it necessary. The bill references section 67-6502, Idaho Code.

State Representative Priscilla Giddings (R-White Bird) shared the following statement on H0127 in her February 22, 2019, legislative update: “In Idaho County voters rejected having a comprehensive plan by referendum, yet the Attorney General’s office is trying to strong-arm the county into compliance. Coercion to implement a “plan” seems suspect.”

H0127 was reported out of the House Local Government Committee on February 21, 2019, and placed on “General Orders”.

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Madison Liberty Institute’s recommendation: SUPPORT

Bill Details

Number: H127 (2019)
Text | Statement of Purpose

Sponsor: Representative John Green (R – Post Falls)

Co-Sponsor(s): N/A

Bill status: House, General Orders (02.26.2019)

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