Idaho § 67-9704 - Agricultural PROTECTION AREAS

§ 67-9704. Agricultural PROTECTION AREAS

(1) Each board of county commissioners shall establish an agricultural protection area ordinance in accordance with the notice and hearing procedures in section 67-6509 , Idaho Code. At a minimum, the ordinance shall:

(a) Establish a process through which agricultural lands may be placed in agricultural protection areas for a minimum of twenty (20) years;

(b) Establish the application requirements, including but not limited to information about the landowner; a description of the parcels, structures, and facilities proposed to be included in an agricultural protection area; and the current uses of lands proposed to be included in an agricultural protection area;

(c) Establish clear and objective standards for evaluating applications for inclusion in an agricultural protection area;

(d) Establish the timeline for reviewing and making decisions on agricultural protection area applications; and

(e) Establish an application fee not to exceed the cost of covering administrative expenses for processing applications, including but not limited to reviewing application materials, providing public notice, recording applicable documents, and creating or updating a map of agricultural protection areas. Additional fees may be required if an appeal is filed pursuant to section 67-9706 , Idaho Code, provided that such additional fees shall not exceed the actual cost of holding a public hearing.

(2) Each board of county commissioners shall establish by resolution or ordinance an agricultural protection area commission pursuant to section 67-9705 , Idaho Code.

(3) Agricultural protection areas shall be designated on a planning map to serve as a voluntary and expeditious tool to inform planners, commissions, county officials, and citizens at large on how to proactively plan for agriculture. Such map designation shall not require a rezone, comprehensive plan amendment, or amendments to other comprehensive planning maps.

(4) The designations of specific parcels of land as agricultural protection areas shall not impact other parcels of land not designated as agricultural protection areas.

(5) Nothing shall restrict an applicant, as defined in section 67-9703 , Idaho Code, from being able to apply for agricultural protection areas inside or outside of an area of impact established pursuant to section 67-6526 , Idaho Code.

(6) Agricultural protection areas shall not be changed to another land use designation unless:

(a) The agricultural protection area expires and the landowner chooses not to renew the agricultural protection area’s designation; or

(b) The landowner chooses to remove land from an agricultural protection area pursuant to section 67-9709 , Idaho Code.

[67-9704, added 2024, ch. 215, sec. 1, p. 763; am. 2025, ch. 241, sec. 1, p. 1088.]