State Legislators Propose Amendment to LLUPA
ID State Legislators Propose Amendment to "Local Land Use Planning Act"
The Idaho Senate has recently passed an amendment (S 1138) to the Local Land Use Planning Act (LLUPA) in order to clarify land use regulations. The amendment started with a group of Teton County property rights advocates who worked with local attorney Roy Moulton and Idaho Falls District 33 Senator Bart Davis to draft the original LLUPA amendment. After being revised by a working group of landowners, lawyers, and planners, the bill passed the State Affairs Committee, and with minor modifications, Senate Bill 1138 unanimously passing the Idaho Senate. Senator John Tippets will carry the new bill forward. The bill has now been sent to the Idaho house, where we expect it to get approved.
The S1138 amendment reads:
"Amends existing law relating to the Local Planning Act to provide that overlay zoning districts have specific standards; to provide that in no event shall the governing board by local ordinance enact provisions that abrogate the statutory authority of a public health district, state and/or federal agency; to enumerate express standards regarding the Local Planning Act, to provide procedures for reconsideration and to provide standards for appeal."
Read the latest version of the bill here (new changes to LLUPA are underlined).
According to the proponents of the legislation, the bill was designed to address landowner concerns about recent changes to county policies that “were prohibitive and confusing.”
In last week’s Teton Valley News’ summary of the bill, it explained that overlays and ordinances must have clearly stated criteria, cannot abrogate the statutory authority of a public health district, state, and/or federal agency, and that for cities and counties, local ordinances must have clearly ‘expressed standards’ by which to judge permit applications or requests for approval. The bill also calls for an appeals process at the local level, where an applicant has 60 days to appeal a decision to local authority. The local government must then respond by stating the reasons for denial or approval, according to stated criteria.
Moving forward, VARD will continue to advocate for decision making and land use policies that are based on sound science and quality governance. We’ll keep you posted when the bill gets voted on in the Idaho State House.