Bill Description: Senate Bill 1073 would make changes to how cities and counties negotiate areas of impact, land on the border of a city where growth and development are expected to occur.

Rating: +2

NOTE: The Senate amendment to Senate Bill 1073 makes the bill a bit weaker, but it does not change our rating or substantively change the analysis of the bill. Among other changes, cities would be given a longer period of time to review existing areas of impact and cities would have more time to establish new areas of impact that extend beyond the one-mile limit set by this bill.

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1073 would make significant changes to Section 67-6526, Idaho Code, regarding how city areas of impact are determined and set. 

The primary purpose of the changes is summarized by a short paragraph expressing legislative intent. "The legislature finds that areas of impact are properly under the jurisdiction of the county because the elected representatives of citizens in areas of impact are county officials, not city officials. While cities should receive notice of, and may provide input on, applications brought to the county in an area of impact, cities do not govern or control decisions on those applications. County commissioners make the final determination regarding area of impact boundaries within their county."

It is critically important that property owners have representation regarding such decisions.

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An additional positive point made by this bill is that "an area of impact is where growth and development are expected to occur. Areas of impact should be planned for growth and development and should not be used to stop growth and development that conforms to applicable plans and ordinances."

In most cases, areas of impact will be limited to no more than one mile from existing city limits.

The bill establishes the process for cities to create and modify areas of impact, but it gives counties the authority to approve or deny these proposals. It also specifies that areas of impact should "not exceed the areas that are very likely to be annexed to the city within the next five (5) years."

Additionally, areas of impact are to be reviewed at least every 5 years, providing more opportunities for improper or unnecessary areas of impact to be altered. 

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