Repeals LLUPA for counties, the requirement to complete comprehensive plans, and the requirement to pass land use code to “promote the health, safety, and general welfare of the people of the state of Idaho” (Idaho Code 67-6502).
Established in 1975, the Local Land Use Planning Act (LLUPA) governs land use planning at the local level. LLUPA provides important protections for citizens and private property owners. While I would argue that these protections do not go far enough and there are still significant flaws in the planning process, LLUPA is still a very important part of land use planning for cities and counties.
Currently, the language of LLUPA mandates the participation of cities and counties. House Bill 127, introduced last year by Representative John Green (R-Post Falls), removes this mandate for counties so that participation in LLUPA becomes voluntary. During a committee hearing, there was widespread opposition to the bill from the Association of Idaho Cities, Idaho Chapter of the American Planning Association, Citizens Allied for Integrity and Accountability, the and Mayor of the city of Bellevue.
As you undoubtedly know, Idaho is one of the fastest growing states in the nation. In response, the legislature’s commitment to good planning should be strengthened in order to prepare and adapt to this growth. And if counties are unable to meet their obligations under Idaho Code title 67 chapter 65, then the state should discuss what resources are needed to plan for the future.
- Responsible land use planning is critical to planning and adapting for growth in the one of the fastest growing states in the country.
- Companies depend on good planning when making decisions to locate operations in Idaho. What company would want to start a business in a place with no plan for how to provide services in the future?
- Planning is crucial for balancing urbanization and industrial uses with Idaho's agricultural sector.
- Planning is critical to ensuring important services such as water, utilities, and roads can meet the needs of Idaho's people and diversifying economy.
- Planning is important for protecting our natural resources and quality of life.
- The planning process presents one of the best opportunities for the public to help shape their local community.
- The Land Use Planning Code grew out of the need to respond to a growth spurt Idaho experienced in the 1970's. Idaho's population since the Land Use Planning Codes were established has grown over two-fold, from 831,982 to 1,717,000. With current growth projections we need stronger county plans and zoning enforcement, not optional participation.
- Idaho Code needs to be updated to reflect best practices so planning and zoning commissions have a diverse representation of stakeholders, minimum education standard, and adequate level of expertise.
- Much of our drinking water is from groundwater that is at risk from nitrate contamination. Comprehensive planning and land use codes and ordinances are desperately needed during this growth spurt in order to protect drinking water for current and future uses. Housing with well and septic densities contributing to groundwater contamination are located in every growing county. We need to get ahead of these decisions not further behind.
- Comprehensive Planning helps County Commissions stay connected with the public they serve.
- Planning protects agriculture and open spaces.
- Planning protect access to public lands.
- Plans establish baseline resource knowledge and information to make sound decisions.
- Plans and ordinances protect current, new homeowners/purchasers from substandard construction.
- A single county with inadequate planning or weak land use code can impact adjacent counties' water, air, groundwater, odors, and scenery.
- Plans minimize wildfire risks, and help agencies respond in emergency situations.
- Plans can prevent sprawl and ensure updated infrastructure and costs are fairly distributed.
At the beginning of the 2020 session Representative Green appointed a temporary substitute, Tim Kastning (Rathdrum), as he goes to trial for charges of conspiracy to defraud the federal government in a tax-evasion case.