For 35 years, statute has required local governments to develop a comprehensive plan and then adopt ordinances which conform to the plan and state law.  In this way, development is orderly and follows a road map (comp plan) which is tailored to each community.  As you probably know, all land use is divided into difference use zones.  Then administrative permitting or guidelines are written for what is allowed in each of those zones.  In this way for example, if you want to build a 2000-square-foot home, you can do it simply by applying for a permit to do so in any zone which allows for that use.

Most every community also identifies certain other activities which by their very nature, can be allowed in one or more zones but because of potential conflict or other concerns, need special review.  For example, a day care center may be allowed in a commercial zone, but requires a special use permit to be allowed in a residential district because the hours of operations, traffic, and other safety or quality of life issues could be impacted.  In a rural setting such as the county, things like cell towers, gravel pits, CAFO’s, etc., are usually allowed in most zones, but only by special use permit.  In this way, adjacent property owners can have some input to address issues that may impact the enjoyment of their own property or other safety and quality of life concerns.  It allows local authorities to grant the use if certain conditions are met to mitigate these concerns.  In reality, the special use permit cuts two ways.  Rather than completely excluding a potentially compatible use from any given area because there might be instances where such a use is problematic, special use permits are really about expanding opportunity.  So too it is with gas & oil. Continue reading →

Urgent action is needed on House Bill 464!

If House Bill 464 passes the Idaho Senate as it has already passed the House, it would shift all meaningful control over oil and gas production from the county/city level up to the state level.

Under the Local Land Use Planning Act (LLUPA) and current state statutes, anytime someone wants to develop a property in a manner and location other than how that area is currently zoned, they must follow a special permitting process. For example, if Snake River Oil and Gas wanted to drill a well on the Payette Elementary School grounds, they would have to apply for and be granted a Conditional Use Permit (CUP) or Special Use Permit (SUP), in this case, through the City of Payette. They would file an application with the city and be required to go through a public hearing process in order to be granted the permit. That process mandates a public notice, written notification to surrounding property owners, and a public meeting where residents can testify for or against the siting of the facility. It also affords affected property owners the ability to appeal a permit if they feel they have been aggrieved in any way or if the process was not handled correctly (no public notice, no notification to surrounding landowners, etc.). Continue reading →

Crafted by the Idaho Petroleum Council to accommodate new natural gas drilling and related operations in Payette and Washington Counties, House Bill 464 diminishes local control of industry ventures like fracking by requiring that “no ordinance, resolution, requirement, or standard of a city, county, or political subdivision, except a state agency with authority, shall actually or operationally prohibit the extraction of oil and gas…” For more information, see Idaho Fracking articles on the WIRT website.

Read Bill Gives State Authority over Oil and Gas by The Associated Press.

Leaders in Washington County now have a new set of rules that require energy companies to get local approval before drilling for natural gas or building refineries. The Idaho Statesman reports that the rules adopted by county commissioners Monday also impose bonding requirements on oil and gas projects. Officials acknowledge the new rules likely conflict with legislation making its way through the Idaho Legislature. Last week, a House committee approved a bill that gives the state much of the regulatory authority over the industry; that measure could come up shortly for a debate and vote in the full House. County officials have been working on new rules for more than a year in response to growing industry activity in the region. In 2010, a company reported promising discoveries of gas reserves in Payette County — and since then drilling has expanded into Washington County.

Read Washington County Passes Its Own Drilling Regulations by Rocky Barker in the Idaho Statesman.

(By Betsy Russell, Eye on Boise, The Spokesman-Review, from an Associated Press article)