Limitations On Local Regulations

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 97 AGRICULTURAL PROTECTION AREA ACT 67-9710. LIMITATIONS ON LOCAL REGULATIONS. (1) A board of county commissioners having created an agricultural protection area shall encourage the continuity, development, and viability of agricultural use within the specific boundaries designated in the agricultural protection area by not enacting a local law, ordinance, or regulation that would restrict a farm structure or farming practice within the boundaries of the agricultural protection area, unless such farm structure or farming practice does not comply with generally recognized farming practices or the farm structure or land use is in conflict with the current agricultural land use classification or agricultural zoning designation of the area. (2)  The board of county commissioners shall not change the current agricultural land use classification or agricultural zoning designation for parcels of land within an agricultural protection area without written permission from the landowner. (3)  Nothing in this section shall prevent a board of county commissioners from regulating the siting of large confined animal feeding operations and facilities pursuant to section 67-6529 , Idaho Code. (4)  The siting of residential, commercial, manufacturing, industrial, solar or wind energy structures, or any other non-agricultural land use on lands included within an agricultural protection area shall be prohibited unless such uses are also contributing to agricultural production. Such non-agricultural uses are subject to applicable county planning and zoning ordinances and building codes.