to discuss letter from Attorney General
The Idaho County Board of Commissioners will be adding an agenda item to a future regular meeting to publicly discuss a letter received by the Board from the State of Idaho Office of the Attorney General. The letter threatens individual criminal prosecution of each current Idaho County Commissioner if the Board does not commence work within 60 days of April 24, 2019 to adopt a comprehensive plan and at least one zoning ordinance required by title 67, chapter 65 of the Idaho Code. If the commissioners are charged, they will be personally liable for their own legal defense.
The Idaho County Board of Commissioners has historically favored private landowner rights over governmental restrictive zoning and land use planning. In 1979, a county wide referendum vote was taken in Idaho County to approve or repeal Idaho County Building and Permit Ordinance No. 15. The votes were 2 to 1 in favor of repeal of the ordinance. In 1980, the Idaho County Board of Commissioners did reconstitute and established by ordinance an Idaho County Planning Commission. However, the Commission was disbanded by the Idaho County Board of Commissioners in 1986 following a vote of the majority of the Idaho County Planning Commission to disband because of deep philosophical divides. The Board supported legislation proposed this last legislative session that would have made the comprehensive plan mandate discretionary. Unfortunately, the proposed legislation failed after multiple amendments. While the Idaho County Board of Commissioners takes the Office of the Attorney Generalís threats seriously, the Board intends to give the highest priority to upholding private property rights of Idaho County Citizens while complying with the statute.