Upon adoption by the Board of County Commissioners, this title is declared to be and shall hereafter constitute the official Agriculture Protection Area ordinance of Ada County. This title shall be known and cited as the ADA COUNTY AGRICULTURE PROTECTION AREA ORDINANCE. The Ada County agriculture protection area ordinance is published by authority of the Board, and it shall be kept up to date as provided in section 1-1-3 of this Code. Within this document, the Ada County Agriculture Protection Area ordinance shall be referred to as "this title".

   The purpose of the Agriculture Protection Area title is to provide an opportunity to protect and enhance the economic and cultural benefits that working lands, including farms, ranches, and forests, provide to Idahoans by promoting proactive planning tools for working landowners and governing bodies to maintain and enhance the economic value of working lands without impacting the property of those that elect not to participate in this opportunity.

(Ord. 989, 12-18-2024)

AGRICULTURE PRODUCTION: Activities or conditions conducted on land actively devoted to agriculture as defined in section 63-604, Idaho Code, or on forest land as defined in section 63-1701, Idaho Code.

PROPOSAL: Written documents submitted to a governing body or agricultural protection area commission from a landowner regarding his property.

(Ord. 989, 12-18-2024)

   A.   The subject property is a minimum of five (5) acres; and

   B.   The subject property has been in active agricultural or forest production for a minimum of three (3) consecutive years consistent with the provisions of sections 63-604 and 63-1701 of Idaho Code.

(Ord. 989, 12-18-2024)

   A.   Application: The following items must be submitted to the Development Services Department to initiate consideration of APA Designation:

      1.   Completed application form.

      2.   Description of the property to be included in the APA.

      3.   Detailed letter describing the property, uses and explaining how the proposal complies with required findings.

      4.   Evidence demonstrating active agricultural production for the last three (3) years.

      5.   Application fee.

   B.   Timeline: Upon receipt of a completed application to establish an agriculture protection area, the Agriculture Protection Area Commission shall review the proposal and make a recommendation to the Board within sixty (60) days. Failure to act within this period will result in automatic approval of the request.

   C.   Public Hearing: The Board of County Commissioners will hold a public hearing within sixty (60) days of receiving the APA Commission's recommendation. Notice will be provided in accordance with Idaho Code 67-6509 and Section 8-7A-5 of Ada County Code. The Board may approve or deny the application based on compliance with the required findings.

   D.   Recording: Approved APAs must be recorded with the Ada County Recorder's Office including a legal description of the parcels and the findings of the Board of Ada County Commissioners.

(Ord. 989, 12-18-2024)

   A.   The subject property is a minimum of five (5) acres;

   B.   The subject property has been in active agricultural or forest production for a minimum of three (3) consecutive years consistent with the provisions of sections 63-604 and 63-1701 of Idaho Code;

   C.   The subject property possesses a designation on the adopted Future Land Use Map supportive of agriculture or forest land;

   D.   Designating the subject property as an Agriculture Protection Area shall not impede the expansion of an existing area of city impact;

   E.   Designating the subject property as an Agriculture Protection Area shall not conflict with existing city annexation or development plans or agreements;

   F.   Designating the subject property as an Agriculture Protection Area shall not conflict with planned transportation corridors or future public rights of way;

   G.   Designating the subject property as an Agriculture Protection Area shall not conflict with planned airport expansion or development; and

   H.   Designating the subject property as an Agriculture Protection Area shall not conflict with planned development with existing entitlements.

(Ord. 989, 12-18-2024)

   The expansion, reduction, renewal or termination of an existing Agriculture Protection Area shall follow the same application, review, and hearing procedures outlined in this title. The subject property is a minimum of five (5) acres;

   A.   Expansion: Any expansion of an Agriculture Protection Area shall be contiguous to the previously approved Agriculture Protection Area.

   B.   Reduction: A landowner wishing to reduce an Agriculture Protection Area prior to completion of a twenty (20) year term must request in writing a meeting with the Board. The meeting request shall include proof of the hardship, as defined in section 11-1-3, necessary for reducing the Agriculture Protection Area.

   C.   Renewal: Lands designated as an Agriculture Protection Area will remain so designated for a period of twenty (20) years. A landowner wishing to end an approved Agriculture Protection Area designation after twenty (20) years must notify the Board in writing ninety (90) days prior to the expiration of the Agriculture Protection Area.

   D.   Termination: A landowner wishing to terminate an Agriculture Protection Area prior to completion of a twenty (20) year term must request in writing a meeting with the Board. The meeting request shall include proof of the hardship, as defined in section 8-3X-2, necessary for terminating the Agriculture Protection Area.

(Ord. 989, 12-18-2024)

   A.   Duties:

      1.   The Agriculture Protection Area Commission is created at the discretion of the Ada County Board of Commissioners and shall provide for meetings and hearings to obtain advice on the agricultural needs of the county. The commission may also conduct informal meetings with public officials and agencies, agricultural professionals, educational professionals, and other organizations to evaluate the agricultural needs of the county.

      2.   The Agriculture Protection Area Commission may make recommendations to the Board of County Commissioners concerning the process by which the agricultural protection area commission will accept, review, and offer recommendations regarding agricultural protection area proposals to the board of county commissioners, including the nature and type of information provided by applicants and the evaluation criteria required to review agricultural protection area applications.

      3.   The Agriculture Protection Area Commission shall review applications for inclusion in an agricultural protection area pursuant to the county agricultural protection area ordinance and make recommendations to the Board of County Commissioners regarding such applications.

      4.   The Agriculture Protection Area Commission shall review applications to include eligible land in an agricultural protection area and make recommendations to the Board of County Commissioners within sixty (60) days of receiving such applications.

   B.   Bylaws: The bylaws shall contain procedures and requirements for commission membership, election of officers, meetings, rules of order, and voting.

   C.   Disqualification Of Commission Members: Members may be recommended for removal to the Board of Ada County Commissioners by a majority vote of the members of the APAC, or upon majority vote of the Ada County Board of Commissioners. Cause may include, but is not limited to:

      1.   Excessive conflicts of interest or continued conflicts of interest which interfere with the member's ability to perform his duties as interpreted by the Board of Ada County Commissioners.

      2.   False or misrepresenting statements by a member at the time of application and appointment.

(Ord. 989, 12-18-2024)