07-09-07: REVIEW PROCESS:

   A.   Upon receipt of the proposed application and payment of fees, DSD shall have up to forty-five (45) days for review, provide notification to cities if applicable, compilation and posting of application materials, and scheduling of the APA Commission meeting. If the proposed APA is within one mile of a city's area of impact boundary, that city or cities shall be notified of the application and be given a minimum of fourteen (14) days to provide comment. Comments from a city or cities shall be considered in context of the below listed criteria.

   B.   The application shall be evaluated on the following criteria:

      1.   The total contiguous acreage of the land is at least five (5) acres in size and is actively devoted to agricultural production;

      2.   Potential of conflict with city annexation, development plans, or agreements;

      3.   Proximity to existing public rights of way;

      4.   Proximity to planned transportation corridors, improvements, or future public rights of way;

      5.   Proximity to existing or planned utility locations;

      6.   Proximity to planned airport expansion or development;

      7.   Proximity to any planned improvements described in the County Parks Plan;

      8.   Compatibility and consistency with existing development patterns, comprehensive plan designations, zoning designations, or planned development with land use entitlements;

      9.   Degree of transitional of the land use in the proximity of the proposed APA;

      10.   Agricultural production capability of the land within the proposed APA;

      11.   Soil classification, water rights and usage, and any effect on provision of essential services to the requested APA land or nearby land; and

      12.   Other local impacts relevant to the proposed APA.

   C.   Within sixty (60) days of receiving a recommendation from APA commission to support or reject an application, the planning and zoning administrator or other administrative officer appointed by the board of county commissioners shall approve or deny the application to include land in an agricultural protection area in a written decision. The administrative officer's written decision shall specify, at minimum:

      1.   The ordinance and standards used in evaluating the application;

      2.   The agricultural protection area commission's recommendation;

      3.   A reasoned explanation for the decision reached by the administrator or other administrative officer, if appointed; and

      4.   If applicable, the actions, if any, that the applicant could take to obtain approval.

   D.   If the administrative officer, fails to issue a written decision within sixty (60) days of receiving a recommendation from the agricultural protection area commission, the recommendation of the agricultural protection area commission shall become the decision of the administrative officer.

   E.   An aggrieved applicant may appeal the decision to the Board of County Commissioners within thirty (30) days of receiving the administrative officer's written decision or of the APA commission's recommendation become final because the administrative officer did not issue a timely written decision. The Board of County Commissioners shall review the appeal in the time and manner prescribed in section 67-9706, Idaho Code and hold the public hearing as required. Within sixty (60) days of the closing of the public hearing, the board of county commissioners shall issue a final decision approving or denying the application. The board of county commissioners' final decision shall be subject to judicial review.

   F.   Upon the final approval of an application, the Clerk of the Board of County Commissioners shall:

      1.   Record a date of creation or dissolution of an APA, a legal description of the area, and approved findings and facts related to the APA with the County Recorder within ten (10) days from the date of its final decision;

      2.   Notify relevant public officials and agencies of the designation. (Ord. 25-006, 4-18-2025)