The 2022 Census of Agriculture showed that Idaho lost 144,000 acres of working agricultural lands between the years of 2017 and 2022. The Idaho Agricultural Protection Area Act is intended to protect Idaho working farms, ranches, and forest areas that provide important benefits to all Idahoans by sustaining the economy in the state, the habitat, clean water, and opportunities for enjoyment of the outdoors. The language of the Act states that it is a voluntary program seeking to protect farms, ranches, and forests from being lost to development by rapid population growth. Additionally, the bill language emphasizes that the state of Idaho deeply respects the property rights of individual landowners.
Idaho House Bill 608 (HB 608) provides:
• An Agricultural Protection Area within the county zoning districts
• An Agricultural Protection Area Commission will be appointed in each county by the board of county commissioners. The Commission will consist of a minimum of 3 and no more than 5 members actively involved in production agriculture. Commission members will serve a minimum term of 3 years and no more than 6 years
• Guidance for language in the county code that involves:
o Review and action on Agricultural Protection Area applications
o Renewal of Agricultural Protection Area applications
o The addition and removal of land from Agricultural Protection Areas
o Limitation on local regulations and eminent domain
o Restrictions on applying local laws, ordinances, or regulations that would restrict a farming practice, land use or farm structure within the boundaries of the protected area
• Language that specifically states that HB 608 will not prevent county commissioners from regulating the siting of large modern farm facilities, energy facilities, or other non-agricultural land uses
Idaho House Bill 608 applies to:
• An individual who owns 5 or more acres of land
• Land that has been in active agricultural or forest production for the previous 3 consecutive years
County Agriculture Protection Area Commissions
The Agricultural Protection Area Act gives county commissioners until January 1, 2025, to establish a county ordinance as well as notice and hearing procedures. County commissioners in Idaho will establish the following:
• A process to place lands in an Agricultural Protection Area for a minimum of 20 years with automatic renewal unless the property owner takes action. Termination of the designation will take place 10 years after the date of petition for removal
• Application requirements, including the name of the owner, descriptions of the land, facilities, and structures as well as current use
• A process for application and review, which will take no longer than 60 days
• A process for updating current and future county land use maps
• Application fees
Right to Farm and Eminent Domain
Idaho SB 608 specifically bolsters Right to Farm in Idaho by stating, “Recognizing that Idaho is a right-to-farm state and that agricultural operations and agricultural facilities … are protected from nuisance actions if they follow generally recognized farming practices, a political subdivision shall ensure that any of its laws or ordinances that define or prohibit a public nuisance shall exclude Agricultural Protection Areas from its definition…”
The bill language also addresses protection from Eminent Domain actions. It states, “A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an Agricultural Protection Area that is being used for production agriculture except for as granted in section 14, article I and section 8 article Xi of the constitution of the state of Idaho.
We Can Help
Right now, counties in Idaho are in the process of posting the proposed new codes for the Agricultural Protection Areas. We are tracking the progress in Lincoln and Gooding counties and doing our best to keep track of other county changes throughout the Magic Valley. If enrolling your land into an Agricultural Protection Area is something you would like to consider for your operation, we can help through our engineering, planning, and permitting services. Contact our Twin Falls Office for more information.
Link to Bill Language HERE
Additional Information HERE