Bill Description: House Bill 425 would infringe on property rights in an acquiescence to the demands of a federal insurance program.
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
House Bill 425 would amend sections 46-1021 and 46-1022, Idaho Code, to remove two clarifications protecting property rights.
The first change says, "The term 'development' does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations."
The second change says, "Floodplain zoning ordinances shall not regulate the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations."
According to the statement of purpose prepared by the bill's proponents, the reason for these changes is "to ensure that Idaho is compliant with the National Flood Plain Insurance Program's (NFIP) regulations" and to "allow local jurisdictions the ability to maintain participation in the NFIP and citizens to acquire flood insurance."
The NFIP is managed by the Federal Emergency Management Agency (FEMA) and according to the usa.gov website, the insurance program "encourages communities to adopt and enforce floodplain management regulations."
It appears that House Bill 425 would suspend the property rights of owners of ditches, canals, laterals, drains, diversion structures, and other irrigation and drainage works in order to comply with the demands of a federal program that exists, at least in part, to push for more government regulation.
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