31-832. DECLARATION OF CATASTROPHIC PUBLIC NUISANCE — AUTHORITY TO DECLARE AND DEMAND ABATEMENT. (1) The chief executive officer of a county or the county sheriff may determine that a catastrophic public nuisance exists on land within the borders of the county.
(2) In evaluating whether a catastrophic public nuisance exists, the chief executive officer of a county or a county sheriff may consider: tree density and overall health of a forested area, including the fire regime condition class; insect and disease infestation, including insect and disease hazard ratings; fuel loads; forest or range type; slope and other natural characteristics of an area; watershed protection criteria; weather and climate; and any other factor that the chief executive officer of a county or a county sheriff considers to be relevant under the circumstances.
(3) The chief executive officer of a county or a county sheriff shall after consultation with the attorney general:
(a) Serve notice of the determination described in subsection (1) of this section, by hand or certified mail, on the federal agency that managed the land upon which the catastrophic nuisance exists; and
(b) Provide a copy of the determination that is served under paragraph (a) of this subsection to the governor, the attorney general, and the state’s congressional delegation.
(4) The notice described in subsection (3)(a) of this section shall include: a detailed explanation for determination that a catastrophic public nuisance exists on the land in question; a demand that the federal agency formulate a plan to abate the catastrophic nuisance; and a specific date, no less than thirty (30) days after the day on which the notice is received, by which time the federal agency that managed the land shall abate the public nuisance or produce a plan for mitigating the catastrophic public nuisance that is acceptable to the county or other county.
(5) The chief executive officer of a county or a county sheriff may enter into a plan with the relevant federal agency to abate the catastrophic public nuisance.
(6) If, after receiving the notice described in subsections (3)(a) and (4) of this section, the federal agency does not respond by the date requested in the notice or otherwise indicates that the federal agency is unwilling to take action to abate the catastrophic public nuisance, the chief executive officer of a county or a county sheriff shall consult with the county prosecuting attorney and attorney general.
History:
[31-832, added 2016, ch. 366, sec. 1, p. 1076.]
Structure Idaho Code
Title 31 - COUNTIES AND COUNTY LAW
Chapter 8 - POWERS AND DUTIES OF BOARD OF COMMISSIONERS
Section 31-801 - GENERAL POWERS AND DUTIES.
Section 31-802 - SUPERVISION OF COUNTY OFFICERS.
Section 31-803 - DIVISION OF COUNTY INTO DISTRICTS.
Section 31-804 - SUPERVISION OF ELECTIONS.
Section 31-805 - SUPERVISION OF ROADS, BRIDGES, AND FERRIES.
Section 31-807 - MANAGEMENT OF COUNTY PROPERTY.
Section 31-807A - COMMISSIONERS MUST BE DISINTERESTED.
Section 31-809 - AUDIT OF COUNTY FUNDS.
Section 31-809A - COUNTY ELECTION FUND.
Section 31-810 - PAYMENT OF CLAIMS.
Section 31-811 - LEVY OF TAXES.
Section 31-812 - EQUALIZATION OF ASSESSMENTS.
Section 31-813 - CONTROL OF SUITS.
Section 31-814 - INSURANCE OF COUNTY PROPERTY.
Section 31-815 - LICENSING OF TOLL ROADS, BRIDGES, AND FERRIES.
Section 31-815A - TRANSFER OF LICENSE APPLICATIONS.
Section 31-816 - FIXING OF SALARIES.
Section 31-817 - FILLING OF VACANCIES.
Section 31-819 - PUBLICATION OF PROCEEDINGS.
Section 31-821 - ADOPTION OF SEAL.
Section 31-822 - MAINTENANCE OF FAIR GROUNDS — TRANSFER OF PROPERTY TO FAIR DISTRICT.
Section 31-823 - MAINTENANCE OF EXHIBITS IN AID OF FAIRS — ENCOURAGEMENT OF IMMIGRATION AND TRADE.
Section 31-824 - EMPLOYMENT OF PRISONERS.
Section 31-825 - MAINTENANCE OF COUNTY LAW LIBRARY.
Section 31-826 - COOPERATION WITH AGRICULTURAL EXTENSION WORK.
Section 31-828 - GENERAL AND INCIDENTAL POWERS AND DUTIES.
Section 31-829 - SALE OR REPLACEMENT OF PERSONAL PROPERTY.
Section 31-831 - ABATEMENT OF CATASTROPHIC PUBLIC NUISANCE — DEFINITIONS.
Section 31-833 - EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE.
Section 31-836 - LEASE OF COUNTY PROPERTY.
Section 31-839 - COOPERATION WITH AGRICULTURAL EXTENSION WORK.
Section 31-840 - EXTENSION AGENTS — SALARIES AND EXPENSES.
Section 31-844 - SUBPOENAS FOR WITNESSES.
Section 31-845 - ENFORCEMENT OF ATTENDANCE AND TESTIMONY.
Section 31-846 - WITNESS FEES NEED NOT BE PREPAID.
Section 31-847 - LEAVE OF ABSENCE TO OFFICERS.
Section 31-855 - NEGLECT OF DUTY BY COMMISSIONERS.
Section 31-856 - MIGRATORY LABOR HOUSING — COOPERATION WITH FEDERAL GOVERNMENT.
Section 31-864 - HISTORICAL SOCIETIES AND MUSEUMS — SUPPORT BY COUNTY.
Section 31-866 - CONTRACTS FOR PUBLIC BENEFIT — DESIGNATED GRANTEE.
Section 31-867 - SPECIAL LEVY FOR COURTS — DISTRICT COURT FUND.
Section 31-868 - CONTRACTS FOR FIRE PROTECTION.
Section 31-869 - DEVELOPMENT OF ENERGY SYSTEMS.
Section 31-870 - FEES FOR COUNTY SERVICES.
Section 31-871 - CLASSIFICATION AND RETENTION OF RECORDS.
Section 31-871A - RETENTION OF COUNTY RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA.
Section 31-873 - REIMBURSEMENT FOR CERTAIN MEDICAL ASSISTANCE PAYMENTS.
Section 31-874 - PROCEEDINGS AND RECORDS OF MEDICAL INDIGENTS.
Section 31-875 - COMPUTERIZED MAPPING SYSTEM FEES.
Section 31-876 - PUBLIC TRANSPORTATION SERVICES.
Section 31-877 - WATER AND SEWER SERVICES.
Section 31-878 - MISDEMEANOR PROBATION SERVICES.