67-6529. APPLICABILITY TO AGRICULTURAL LAND — COUNTIES MAY REGULATE SITING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES. (1) No power granted hereby shall be construed to empower a board of county commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product. Agricultural land shall be defined by local ordinance or resolution.
(2) Notwithstanding any provision of law to the contrary, a board of county commissioners shall enact ordinances and resolutions to regulate the siting of large confined animal feeding operations and facilities, as they shall be defined by the board, provided however, that the definition of a confined animal feeding operation shall not be less restrictive than the definition contained in section 67-6529C, Idaho Code, including the approval or rejection of sites for the operations and facilities. At a minimum, a county’s ordinance or resolution shall provide that the board of county commissioners shall hold at least one (1) public hearing affording the public an opportunity to comment on each proposed site before the siting of such facility. Several sites may be considered at any one (1) public hearing. Only members of the public with their primary residence within a one (1) mile radius of a proposed site may provide comment at the hearing. However, this distance may be increased by the board. A record of each hearing and comments received shall be made by the board. The comments shall be duly considered by the board when deciding whether to approve or reject a proposed site. A board of county commissioners may reject a site regardless of the approval or rejection of the site by a state agency.
History:
[67-6529, added I.C., sec. 67-6529, as added by 1975, ch. 188, sec. 2, p. 515; am. 2000, ch. 217, sec. 1, p. 605; am. 2003, ch. 297, sec. 1, p. 805.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 65 - LOCAL LAND USE PLANNING
Section 67-6501 - SHORT TITLE.
Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.
Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.
Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.
Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.
Section 67-6508 - PLANNING DUTIES.
Section 67-6509 - RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
Section 67-6509A - SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS — PLAN TO BE AMENDED.
Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.
Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.
Section 67-6511 - ZONING ORDINANCE.
Section 67-6511A - DEVELOPMENT AGREEMENTS.
Section 67-6512 - SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES.
Section 67-6513 - SUBDIVISION ORDINANCE.
Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.
Section 67-6515 - PLANNED UNIT DEVELOPMENTS.
Section 67-6515A - TRANSFER OF DEVELOPMENT RIGHTS.
Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.
Section 67-6517 - FUTURE ACQUISITIONS MAP.
Section 67-6519 - APPLICATION GRANTING PROCESS.
Section 67-6520 - HEARING EXAMINERS.
Section 67-6521 - ACTIONS BY AFFECTED PERSONS.
Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.
Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.
Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.
Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.
Section 67-6526 - AREAS OF CITY IMPACT — NEGOTIATION PROCEDURE.
Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.
Section 67-6528 - APPLICABILITY OF ORDINANCES.
Section 67-6529A - SHORT TITLE.
Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.
Section 67-6529C - DEFINITIONS.
Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.
Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.
Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.
Section 67-6530 - DECLARATION OF PURPOSE.
Section 67-6531 - SINGLE FAMILY DWELLING.
Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.
Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.
Section 67-6534 - ADOPTION OF HEARING PROCEDURES.
Section 67-6536 - TRANSCRIBABLE RECORD.
Section 67-6537 - USE OF SURFACE AND GROUND WATER.
Section 67-6538 - USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.
Section 67-6539 - LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.