Review And Action On Agricultural Protection Area Application

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 97 AGRICULTURAL PROTECTION AREA ACT 67-9706. REVIEW AND ACTION ON AGRICULTURAL PROTECTION AREA APPLICATION. (1) Within sixty (60) days of receiving a recommendation from the agricultural protection area commission to support or reject an application, the board of county commissioners, or 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. (2)  The decision shall specify, at minimum: (a)  The ordinance and standards used in evaluating the application; (b)  The agricultural protection area commission’s recommendation; (c)  A reasoned explanation for the decision reached by the administrator or other administrative officer, if appointed; and (d)  If applicable, the actions, if any, that the applicant could take to obtain approval. (3)  If the board of county commissioners, or the administrator or other administrative officer if appointed, 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 board of county commissioners or administrator or other administrative officer, if appointed. (4)(a)  An aggrieved applicant may appeal the decision of an administrator or other administrative officer to the board of county commissioners within thirty (30) days of receiving the written decision pursuant to subsection (1) of this section or recommendation that has become final pursuant to subsection (3) of this section. (b)  Within sixty (60) days of receiving an appeal, the board of county commissioners shall hold a public hearing in accordance with the notice and hearing procedures described in section 67-6509 , Idaho Code, regarding the appeal. (c)  In reviewing an appeal, the board of county commissioners shall consider the recommendation of the agricultural protection area commission, the written decision of the administrator or other administrative officer, if appointed, all written and oral public comment received at the public hearing, and any other information the board of county commissioners determines to be relevant. (d)  Within sixty (60) days of the close of the public hearing, the board of county commissioners shall issue a final decision approving or denying the agricultural protection area application. If the board of county commissioners fails to act within the sixty (60) day period, the decision of the administrator or other administrative officer, if appointed, shall become the final decision of the board of county commissioners. (5)  The board of county commissioners’ final decision shall be subject to judicial review. (6)  If the agricultural protection area application is approved, the agricultural protection area shall be created.