A.   Intent: It is important that current owners and potential purchasers of property that includes land within the mountain overlay district recognize the significance of the public policy and land use interests reflected in this chapter, and the additional requirements under this code applicable to that land. Unless a categorical exclusion applies, site alterations within the mountain overlay district require a site alteration permit, which is a type of special use permit authorized by Idaho Code section 67-6512.

The intent of the mountain overlay district is to direct development to land outside of the mountain overlay district. Only when no sufficient available area for a site alteration exists outside of the mountain overlay district and all other criteria under this chapter have been met may a site alteration occur within the district. Site alterations should not include land within the 100- year floodplain, floodway, designated wetland areas, and avalanche hazard within "available area", as defined in the criteria. Even then, the site alteration must be located at the lowest point within the district which will minimize its disturbance and hillside visibility. The design review standards of evaluation of this chapter, and any conditions of approval, should be used to ensure that any site alteration will be limited in its bulk, design, and use of materials to minimize its site disturbance and visibility from a reference road. The size of "sufficient available area" shall depend upon the facts and circumstances of each application for site alteration permit, and is not necessarily dependent upon the specific plans of an applicant. For example, an area may exist outside of the mountain overlay district that would be sufficient in all respects for a one-story, two thousand (2,000) square foot residential dwelling. The mere fact that the applicant's plans specify a ten thousand (10,000) square foot residential dwelling that could only be constructed within the mountain overlay district because of lot configuration and topography would not necessarily change the fact that a "sufficient available area" exists outside the mountain overlay district, albeit for a smaller home than the applicant desires. In other words, an applicant may not create a so called lack of "sufficient available area" outside of the mountain overlay district merely by enlarging the scope of the proposed site alteration.

The county is directed by its comprehensive plan and this chapter to protect its hillsides and closely regulate structural and other development within the mountain overlay district. "Visibility" is an important concept under this chapter. In reviewing visibility of a proposed site alteration within the mountain overlay district, a building one thousand five hundred (1,500) yards from a reference road but higher on a hillside would, except where extraordinary circumstances exist, be considered for the purpose of this chapter to be more visible than a building located only fifty (50) yards from the reference road. A building farther up a hillside may be visible from more vantage points on reference roads and therefore more visible under this chapter than a building directly adjacent to a reference road. This chapter shall not be construed to support the claim that buildings closer to reference roads are necessarily more visible than those located farther up a hillside.

The mapping of the mountain overlay district provides landowners with a more certain basis for determining the location of lands within the district and affords more certainty than the definitional approach used previously within this code. Any future proposals to rezone the mapped boundary of the mountain overlay district should not create a patchwork that excludes saddles, ridges, knolls, summits, or pockets or islands of flatter land between and including the applicable lowest slopes within the mapped district and the summit of the hillside. The district is intended to include all such areas.

This chapter is to be read as a whole, and construed to effectuate its purposes and the intent of this chapter.

   B.   Purpose: The purposes of the mountain overlay district are:

      1.   To preserve the natural character and aesthetic value of hillsides and mountains in the county by regulating development thereon;

      2.   To maintain slope and soil stability;

      3.   To prevent scarring of hillsides and mountains made by cuts and fills and/or by access roads to hillside and mountainous areas;

      4.   To ensure accessibility by emergency vehicles on hillside roads;

      5.   To prevent unsafe conditions for access, circulation, and road maintenance and unwarranted problems associated therewith in hillside and mountainous areas;

      6.   To help ensure water quality and prevent deterioration due to sedimentation or inadequately performing septic systems;

      7.   To prevent unsafe development into areas at risk to wildfires;

      8.   To protect hillside and mountainous areas that function as essential wildlife habitat;

      9.   To regulate site alteration and structural development in the mountain overlay district to assure that site alteration and development occurs in the mountain overlay district only when no sufficient available area for siting of the proposed site alteration or development exists outside of the district and all other criteria under this chapter have been met, and to assure that any site alteration and structural development within the district occurs in a manner that minimizes hillside visibility;

      10.   To carry out the provisions contained in the county comprehensive plan; and

      11.   To protect agricultural lands for productive agriculture while providing for necessary residential and other structural use within the context of productive agriculture. (Ord. 2010-10, 12-7-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-04, 6-29-2006; Ord. 2000-04, 3-27-2000; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   District Established: The mountain overlay district (MOD) is hereby established in accordance with the area indicated on the mountain overlay district layer available on the geographical information services (GIS) mapping pages on the Blaine County website (www.blainecounty.org), effective May 30, 2012. The mountain overlay district buffer is hereby established as a subarea of the mountain overlay district in accordance with the area indicated on the GIS mapping pages on the Blaine County website, effective May 30, 2012. The scenic corridor 1 (SC1) as defined in chapter 2 of this title is hereby established as a subarea of the mountain overlay district, as defined in this title in accordance with the area indicated on the scenic corridor 1 layer, on the GIS mapping pages on the Blaine County website, effective May 30, 2012, and visible from Highway 75.

   B.   Site Alteration Permit Required: Site alteration within the mountain overlay district is prohibited unless a special use permit designated as a site alteration permit has been issued in accordance with this chapter, or the administrator has determined in writing pursuant to this title that the site alteration falls within a categorical exclusion. A site alteration permit or a written categorical exclusion is required prior to issuance of a building permit within the mountain overlay district, and applications for any site alteration permit shall include plans for all proposed buildings, other structures, and hillside roads.

   C.   Mining: Mining activity on private property in the mountain overlay district is subject to a conditional use permit and hillside site alteration permit. (Ord. 2012-04, 4-30-2012; Ord. 2007-02, 3-20-2007; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

For slopes that exceed twenty five percent (25%), the base density shall be as follows:

   A.   Outside of the urban influence boundary: One unit per one hundred sixty (160) acres.

   B.   Inside the urban influence boundary: One unit per forty (40) acres.

Portions of a site within the mountain overlay district may be included in determining single lot on site base density development acreage requirements. For a parcel of land that straddles the mountain overlay district and another district, individual lots may be drawn that include portions of the mountain overlay district. However, each lot shall include buildable land outside of the mountain overlay district. Density shall not be transferable to noncontiguous lots. (Ord. 2006-04, 6-29-2006; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Exemptions: Firebreaks and related site alterations made by fire incident command personnel and used to protect public and private property from an active wildfire shall not be subject to the requirements of this chapter.

   B.   Exclusions: Unless the intent of the landowner or his/her authorized agent is to circumvent the purposes of the mountain overlay district regulations, the requirements of this chapter shall not apply to the following, provided the landowner or agent, before commencing any site alteration, first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the site alteration falls within and meets one of the following categorical exclusions:

      1.   On lands outside of scenic corridor 1 (SC1):

         a.   Roads used primarily for agricultural purposes.

         b.   Agricultural fences and equipment and activity directly related to agricultural purposes.

      2.   On lands outside of scenic corridor 1 (SC1) and until such time as subdivision or planned unit development are proposed:

         a.   Single-family residences; provided, that:

            (1)   They are not skylined;

            (2)   They are located among agricultural buildings and structures on lands used primarily for agricultural purposes; and

            (3)   They are inhabited by agricultural property owners or their employees.

         b.   Agricultural structures which do not require a building permit; provided, that they are not skylined.

      3.   On lands inside of scenic corridor 1 (SC1): Single-family residences or structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside and below lands greater than fifteen percent (15%) slope, as measured by the contour line demarcating the lowest fifteen percent (15%) slope on the parcel.

      4.   On lands inside the mountain overlay district buffer: Single-family residences or accessory structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside lands greater than twenty five percent (25%) slope. On lands inside the mountain overlay district buffer and scenic corridor 1, applicants seeking a categorical exclusion must meet the requirements of both subsection B3 of this section and this subsection B4.

      5.   Valid permits and platted building envelopes approved prior to the effective date of ordinance 91-15 on December 18, 1991. This exception includes all structures built within the platted building envelope.

      6.   Any building, other structure, access road and/or driveway that is not visible from a reference road. Plans submitted to the county for building permit and/or road/driveway construction for such development shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; compliance with all applicable road and driveway standards, including all applicable grade standards; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability; and approval from the applicable fire district/marshal and the South Central health district for on site sewage disposal.

      7.   The locations of existing platted unbuilt roads within platted subdivisions existing prior to the effective date of ordinance 91-15 on December 18, 1991, will be allowed a driveway/road exception provided the road shall meet the evaluation standards as set forth in subsections 9-21-5D4, D5, D7 and D8 of this chapter. This may require a realignment of the platted unbuilt road.

      8.   Platted lots existing prior to the effective date of ordinance 91-15 on December 18, 1991, may be combined to reduce the number of lots within the mountain overlay district and such existing lots may be amended for the purpose of designating a building envelope. Replat applications necessary therefor shall not be considered new subdivisions however, shall be subject to public notice and hearing and criteria contained in title 10 of this code as they relate to drainage, suitability of soils for septic systems, emergency and road/driveway access and erosion control.

      9.   Chairlifts as part of a bureau of land management or United States forest service or county approved ski area permit.

      10.   Underground utility structures working in accordance with a county approved permit.

      11.   Testing necessary to meet the requirements of subsection 9-21-5B of this chapter.

      12.   Incidental planting and transplanting of vegetation by hand tools.

      13.   Maintenance, repair and improvement of any building, other structure, or hillside road that was in existence and lawful before December 18, 1991, the effective date of ordinance 91-15, or lawfully constructed thereafter, which does not increase its visibility from any reference road, provided the plans for such maintenance, repair and improvement demonstrate appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.

      14.   The construction, installation, siting or operation of a wireless communication facility when said proposed facility: a) is in the immediate vicinity of one or more wireless communication facilities existing as of the effective date of Blaine County ordinance 2001-10 on October 10, 2001; and b) is no higher than any existing WCF in the immediate vicinity. The fact that a WCF may qualify for a categorical exclusion from the site alteration permit requirements of the mountain overlay district, shall not exempt the WCF from the requirements of section 9-3-16 of this title. Plans submitted to the county for the construction, siting or installation of a wireless communication facility shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.

   C.   Subdivision Exclusion: Upon application to the board, subdivisions platted before June 16, 1994, may propose to enter into agreement with the county to exempt building lots within that subdivision from the site alteration permit procedures contained herein, provided that any such building site and proposed structures are not visible from Highway 75. To qualify for this exclusion, the subdivision shall meet, at a minimum, the following criteria and conditions:

      1.   The subdivision has an effective design review committee that has been in existence for at least two (2) years prior to application for exemption.

      2.   Architectural design review standards of the subdivision are submitted to the county for review and approval to ensure that the standards of subsection 9-21-5D of this chapter are included.

      3.   Once approved by the county, the subdivision design review standards may not be changed by the subdivision without the approval of the county.

      4.   The administrator or commission shall be notified and is allowed to attend subdivision design review sessions to ensure the goal of minimizing visual impact is emphasized.

      5.   The county may revoke a subdivision exclusion if it finds that the subdivision design review committee decisions do not comply with approved design standards or the intent of this chapter. Should the subdivision fail to conduct design review according to the agreement with the county, the county may terminate said agreement and revoke exemption.

   D.   Administrator's Review Of Categorical Exclusions: The administrator, in consultation with the county engineer or his/her designated representative, shall review all written requests for determinations of categorical exclusions under subsection B of this section, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating that the proposed site alteration falls within and meets the requirements of a categorical exclusion. The administrator, prior to issuance of its decision, may request additional information from the applicant, including, without limitation, technical review from the county engineer at the applicant's expense, and the failure to provide such requested information within sixty (60) days of request shall be grounds for denial of the request for determination of categorical exclusion. Any person aggrieved by the written decision of the administrator as to a categorical exclusion may appeal the administrator's decision to the board according to the procedures and time requirements of section 9-32-3 of this title.

   E.   Exception To Written Decision Requirement: Notwithstanding any provision of this title to the contrary, a written decision of the administrator shall not be required prior to commencing a site alteration that falls within and meets a categorical exclusion stated in subsection B1b, B2, or B5 of this section. (Ord. 2024-04, 2-13-2024; Ord. 2023-01, 1-3-2023; Ord. 2015-02, 3-10-2015; Ord. 2010-04, 4-6-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-04, 6-29-2006; Ord. 2001-10, 10-1-2001; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Application Form; Contents; Review: Application for a site alteration permit in the mountain overlay district shall be made on a form furnished by the administrator. All site alteration permit applications shall include the plans for all proposed buildings, additions to existing buildings, other structures, and hillside roads. The commission shall review all such elements of the development simultaneously but shall evaluate under the provisions of this chapter only those portions which lie within the mountain overlay district. Upon receipt of the completed form, together with the information listed below, and following an on site inspection by the administrator, the completed application shall be placed on the agenda of the next available regular meeting of the commission, and shall meet the requirements for notification contained in section 9-25-4 of this title.

   B.   Application And Submittal Requirements; Fees: An application for a site alteration permit shall be filed with the administrator by at least one holder of an interest in the property, or their agent, accompanied by the fee established by resolution of the board of county commissioners. Fees resulting from review by the county engineer are the responsibility of the applicant, according to the fee resolution of the board and shall be paid prior to public hearing. No application shall be certified as complete unless it includes the following information in sufficient detail for the commission to determine compliance with the design review standards of evaluation:

      1.   The name, address and phone number of the owner of the land for which the permit is requested and of the person, firm or corporation (contractor) that will physically alter the land, if known.

      2.   The proposed date that the site alteration will commence and the projected date of completion.

      3.   A description of the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description that will readily identify and definitively locate the proposed site. A vicinity map shall be included.

      4.   A report including text, designs, and visual representations including simulations, which indicates how the design and construction of improvements shall mitigate visibility, and also including specific engineering, public safety, revegetation, site review, building and other information demonstrating compliance with the design review standards of evaluation. Where applicable, the report shall include a visual resource contrast rating worksheet and other forms promulgated and required by the administrator.

      5.   A description of the work to be performed, an estimate of the depth of soil, the type of equipment to be used, the total area of disturbance, and the amount and type of material to be removed or deposited, all in sufficient detail to evaluate impact of such activities.

      6.   A graphic representation of the proposal. This plan shall include property lines and delineate the proposed areas for improvement or alteration, existing and proposed contours, drainage and drainage structures, landscaping and revegetation plans, including a plan for the control of noxious weeds, location for placement of the drainfield, and retaining walls.

      7.   A statement that the proposed areas of disturbance have been staked and are ready for administrative review.

      8.   A signature by the property owner or his/her authorized agent that application is certified as true and accurate.

      9.   Slope and elevation analysis by a licensed engineer or surveyor and a report from a licensed engineer describing the risks of soil erosion, silting of lower slopes, slide damage, flooding, severe scarring or any other geological instability associated with the site alteration, and plans for mitigation of those risks.

      10.   Evidence that South Central health district has reviewed the site and determined that the property is found appropriate for on site sewage disposal.

      11.   Written input from the applicable rural fire district or the county fire marshal, if the parcel is located outside an established fire district, addressing adequacy of the proposed access for emergency vehicles and compliance with fire protection requirements.

      12.   Written input from the county engineer addressing, but not limited to, compliance with road standards, drainage and erosion mitigation.

      13.   When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area, the applicant shall depict on a map the general location of potable water sources within three hundred feet (300') of the subject property and identify any ten (10) year time of travel zones of public water system(s) affecting the property. The applicant shall provide a report and plans by an Idaho licensed engineer which describes how the project will be designed and constructed to mitigate adverse impact on potable water sources. The applicant shall solicit and document the request for written comment from Idaho department of environmental quality and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, if this is determined by the administrator to be necessary.

   C.   Commission Review And Action: Decisions shall be based on the standards of evaluation contained herein. Review of the application and receipt of public input shall be conducted at a scheduled public hearing as set forth hereinabove. The commission may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required other than that requested by the commission. Continuation beyond thirty one (31) days shall require further published notice, according to this section. The commission shall approve, approve with conditions, or deny said application, making appropriate findings to support its decision. The commission shall enter an order or adopt its written findings of fact and decision within thirty one (31) days after the action is taken by the commission. The granting of a site alteration permit shall not be considered as establishing a binding precedent to grant other site alteration permits. A site alteration permit is not transferable from one parcel of land to another.

   D.   Design Review Standards Of Evaluation: The applicant has the burden of demonstrating compliance with this chapter, including each of the following design review standards of evaluation. Before approving or conditionally approving a site alteration permit, the commission shall review and find adequate evidence that the proposed development or site alteration meets the following standards:

      1.   No sufficient available area for the site alteration exists on the lot outside of the mountain overlay district. "Available area" excludes land located within the 100-year floodplain, floodway, wetlands, avalanche or landslide hazards created by off site conditions where such environmental concerns outweigh the hillside concerns for the particular project. Existing structures that are nonconforming to this chapter may be improved, moved, or replaced within the mountain overlay district, provided the commission finds that the proposal is less nonconforming than what is existing and is in substantial compliance with subsections D2 through D13 of this section.

      2.   Visibility of the site alteration as viewed from reference roads shall be minimized through design, landscaping and siting. Except where extraordinary circumstances (or natural circumstances as defined in subsection D3 of this section) exist that are peculiar to the physical characteristics of the site, site alterations, particularly buildings, other structures, and hillside roads, are less visible the lower in elevation they are as determined by topographic contour lines. New development shall be compatible with the general scale (height, dimensions, overall mass) of development in the vicinity. The maximum bulk of structures shall be hidden or minimized by design, landscaping and siting. Landscaping shall blend harmoniously with the surrounding area, and shall not create excessive contrast with the surrounding area.

      3.   Site alterations for property protection and hillside stabilization and rehabilitation due to natural circumstances may be permitted, if the applicant can demonstrate and a licensed engineer certifies that the site alterations are designed to remedy a substantial threat of significant damage to permanent structures. Natural circumstances are limited to the following natural hazard circumstances: postfire and postfire debris flows or landslides and postflood.

      4.   The site alteration, and any grading and excavation relating thereto, shall include measures or designs to mitigate the risk of soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability. All excavation, grading and fill shall be revegetated as provided herein (except for roadway surfaces) and otherwise stabilized to control erosion.

      5.   The site alteration shall comply, where reasonable, with the requirements of the avalanche overlay district.

      6.   Any proposed building or other structure shall remain below the skyline and shall be sited in such a manner so as not to create a silhouette against the sky as viewed from any reference road.

      7.   Manmade slopes, road alignments, driveways, improvements, grading, excavation, berming, and fill activities shall conform as closely as possible to the natural terrain. Alteration and severe scarring of the natural drainage of the site shall be minimized and mitigated, except where natural circumstances exist as defined in subsection D3 of this section, in which cases protective factors of the site alteration shall be considered. Hillside roads shall also meet all other applicable road or driveway standards under county ordinances and adopted codes, including, but not limited to, those for grades and emergency vehicles. Existing roads/driveways to existing nonconforming structures located within the mountain overlay district may be moved or improved to reduce the degree of noncompliance with requirements for grades and emergency vehicles.

      8.   Native or native compatible vegetation shall be preserved to the greatest extent possible, and revegetation adjacent to residences shall be with low combustible plant species. Revegetation and rehabilitation of disturbed areas shall utilize plant materials harmonious and/or native to the area. The method for control and prevention of noxious weeds shall be demonstrated. Disturbed areas shall be regraded, landscaped or revegetated in a timely manner after completion of the site alteration activities. Components of the revegetation plan shall include the techniques that will be used to ensure the establishment of the proposed vegetation for a period of not less than five (5) years.

      9.   Exterior building materials shall be of nonreflective materials. The visibility of hillside development shall be lessened by limited glazing and exterior lighting, and by use of materials and colors compatible with the natural surrounding setting. Roofs shall be designed to minimize the visibility of the structure. Reflective metal roofs are prohibited; nonreflective metal roofs may be approved.

      10.   All outdoor lighting shall comply with the outdoor lighting requirements of chapter 29A of this title.

      11.   Construction proposed as part of a site alteration permit application shall comply with other applicable codes and ordinances, including, but not limited to, the fire code; title 7, chapter 3 of this code; and the building code, as amended, in effect at the time.

      12.   Any proposed new road or driveway is necessary to access a building site or building that was lawfully approved under this title.

      13.   If the applicant or landowner with respect to an application for a site alteration permit under this chapter is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528.

      14.   When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area the applicant has adequately demonstrated that the project has been designed to mitigate any adverse impact to a potable water source.

   E.   Conditions: The commission may attach reasonable conditions upon granting a site alteration permit, including, but not limited to:

      1.   Providing bonding or other sufficient financial guarantee to complete the site alteration; at a minimum, the revegetation of disturbed areas, including weed control, and new vegetation or landscaping proposed to minimize the visibility of the project on the hillside shall be financially guaranteed at one hundred fifty percent (150%) of the estimated cost for five (5) growing seasons;

      2.   Modification of the property development or site alteration;

      3.   Providing road design modifications to avoid undue scarring;

      4.   Further mitigation of visibility not included on the application; and/or

      5.   Any other condition for special use permit specified in Idaho Code section 67-6512(d), as amended: a) minimizing adverse impact on other development; b) controlling the sequence and timing of development; c) controlling the duration of development; d) assuring that development is maintained properly; e) designating the exact location and nature of development; f) requiring specific on site or off site public facilities or services; g) requiring more restrictive standards than those generally required in this title; and h) requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.

      6.   When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area, the commission may impose reasonable conditions of approval to protect the surface and/or ground water from contamination, including, without limitation, the installation by the applicant of monitoring wells and the granting of easements relating to such wells.

   F.   Expiration Of Permit: Any site alteration permit granted under this chapter after January 31, 1998, shall expire one year following the date of its approval if construction of the site alteration has not been substantially commenced. If good cause for delay in commencement of construction is shown, the administrator may once only extend the period for commencement of construction for a period not exceeding one year, provided application is made for an extension before expiration of the permit.

   G.   Emergency Site Alteration Permit Procedure: There are times and circumstances in which immediate action must be taken to prevent major property loss. Wildfires and other natural disasters may create such situations. In these limited situations the normal application and review procedure may be waived and an emergency site alteration permit granted or amended.

      1.   Submittal And Application Requirements: The applicant shall own land within an area affected by wildfire or other natural disaster. A complete application for an emergency site alteration permit shall be submitted with the following attachments:

         a.   An aerial photo or site map/drawing of the subject property showing the approximate location and scope of work for the site alteration being applied for.

         b.   Dated photographs showing the condition of the property for which the work is proposed before alteration.

         c.   If the location of the proposed site alteration is within one hundred feet (100') of a property line, the limits of disturbance shall be flagged.

         d.   A time frame whereby the site alteration will commence and a date when alteration will be completed. If the site alteration is not completed within the specified time frame, administrative approval shall be sought prior to the expiration date.

      2.   Review And Decision: An emergency site alteration permit shall be reviewed and either approved or denied in writing by two (2) county commissioners.

         a.   The two (2) county commissioners shall conduct a site visit:

            (1)   Held in accordance with Idaho Code 67-2343(2) (special meetings);

            (2)   For which a reasonable effort is made to contact adjacent landowners; and

            (3)   Where minutes are taken.

         b.   Approval may be granted if the following criteria are met:

            (1)   Permanent structures are imminently threatened and would sustain considerable damage if emergency stabilization measures are not undertaken;

            (2)   Emergency stabilization measures will not unreasonably increase the threat of damage to permanent structures on neighboring property;

            (3)   The emergency stabilization measures are limited in scope to protecting permanent structures, as set forth in the emergency permit;

            (4)   The applicant posts financial security of one thousand dollars ($1,000.00) or more as determined by the board for the purpose of ensuring that a regular site alteration permit application will be filed; and

            (5)   The applicant shall apply for a regular site alteration permit by the date set forth in the emergency permit and commence implementation of any regularly approved site alteration permit as may be required, following emergency stabilization. In such cases, the regular site alteration permit application shall be reviewed and a decision rendered by the board of county commissioners.

         c.   The board may seek review and recommendations by the county engineer at any time.

   H.   Notice And Reconsideration Procedure:

      1.   Notice: Once an emergency site alteration permit has been approved, the land use and building services office shall within two (2) business days post notice on the property of such approval and mail notice to property owners within three hundred feet (300') and two thousand feet (2,000') down gradient of the exterior boundaries of the subject property.

      2.   Reconsideration: An application for reconsideration of an emergency site alteration permit may be filed with the administrator within fifteen (15) calendar days of its issuance by anyone claiming an increased threat of damage to permanent structures on neighboring properties as referenced in subsection G2b(2) of this section, accompanied by a fee established by resolution of the board of county commissioners. County engineer review fees are the responsibility of the applicant seeking reconsideration.

         a.   Application Contents: An application for reconsideration shall contain at a minimum, the following information:

            (1)   Name, property address, and phone number of the person or persons requesting the reconsideration.

            (2)   Name and property address of the emergency permit holder.

            (3)   A report including photographs, engineering studies, if any, and all supporting documents describing the grounds for the reconsideration.

         b.   Application Placed On Agenda: Upon receipt of the completed application for reconsideration, together with the information listed below, and following an on-site site inspection by the administrator and county engineer, the completed application for reconsideration shall be placed on the agenda of the next available regular or special meeting of the board.

         c.   Hearing By The Board: The board shall conduct a public hearing on the matter, providing notice of the hearing at least three (3) business days prior to the hearing to property owners as described in this subsection H and post the property. The board shall consider the documents in the record including the recommendations of the administrator and county engineer and oral arguments as they relate to the threat of damage to structures on neighboring properties.

         d.   Decision By The Board: The board shall enter an order within fifteen (15) calendar days after the reconsideration affirming, reversing or modifying the original emergency permit. (Ord. 2015-02, 3-10-2015; Ord. 2014-02, 2-25-2014; Ord. 2010-06, 5-25-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-13, 10-26-2006; Ord. 2001-03, 3-19-2001; Ord. 2000-04, 3-27-2000; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)