Wait.. will I vote for the LDC to be adopted?
No. Idaho law states, comprehensive plans and zoning ordinances cannot be adopted by initiative. This stems from a well-established body of law originating with the case of Gumprecht v. City of Coeur D’Alene, 104 Idaho 615 (1983) which stands for the premise that comprehensive plans and zoning ordinances cannot be adopted by voter initiative, or likewise repealed by voter referendum. Why? In Idaho, statutory authority for zoning decisions rests solely in the hands of city and county officials per the Idaho Local Land Use Planning Act. This authority to adopt zoning codes cannot be delegated to the voters as a ballot issue. It must be posed as a legislative question for elected officials. Good thing we vote for them! In 2018 this was codified into law with the passage of HB 568 which amended the state’s initiative and referendum procedures to specifically prohibit voter approval of local zoning legislation or any actions authorized by LLUPA (which includes comprehensive plans, zoning ordinances, subdivision ordinances, variances, and conditional use permits.) Thus, today, I.C. §34-1801B(22) states that the broadly construed individual right to petition via initiative and referenda simply “does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, [LLUPA] Idaho Code.”
This is democracy at work, folks.. and what a process it has been! Oftentimes, community plans and codes can be “cookie cutter” type and tweaked a touch here or there to make them fit their respective communities. This is not the case for the Teton County Code. The meticulous research and discussion behind each decision by TC P&Z Commissioners and TC County Commissioners alike led us to a Draft LDC that reflects our County and no other. Much appreciation for so much work, Commissioners!
If you have questions, comments, concerns and/or thoughts of how the new LDC could impact your future land use decisions and/or potential property purchases, please reach out to us at VARD! We are all here to talk through scenarios and help you get answers to your questions.