The purpose of this chapter is to provide for a voluntary process through which agricultural and timber producers of Minidoka County may make application to commit land actively devoted to agriculture for future agricultural use. An APA designation aims to protect productive farmland, rangeland, and forest land; promote farm viability; support the local agricultural economy; and provide for long term planning stability. This chapter sets out the process for creation of Agriculture Protection Areas. (Ord. 2024-12-2, 12-2-2024)

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

PROPOSAL: Written documents submitted to a governing body or agricultural protection area commission from a landowner regarding his property. (Ord. 2024-12-2, 12-2-2024)

An Agriculture Protection Area shall be designated as an "APA". An APA designation is a voluntary land use designation available to landowners who wish to protect their agricultural land from future nonagricultural development. To qualify for an APA designation, the land must be:

   A.   At least twenty (20) contiguous acres,

   B.   Actively devoted to an agricultural or forest purpose,

   C.   Assessed as agriculture or forest land, and

   D.   Located within an Agricultural Zoning District that allows for agricultural or forest use.

   E.   Land must be located a minimum of one quarter (1/4) mile away from any zoning designation other then agriculture and buffer zones around State roads and the interstate as designated on Exhibit A.

   F.   Land must be located a minimum of one (1) mile away from the following city boundaries, Burley, Paul, Heyburn, and Rupert.

Landowners wishing to establish an APA must submit an application to the Minidoka County Planning and Zoning Department. At minimum, the application shall include the following:

   A.   Name, phone number, email, and mailing address of the land owner;

   B.   Proof of land ownership;

   C.   Notaries signature of all ownership parties;

   D.   A legal description of the parcels, and a map showing the proposed APA;

   E.   A list of facilities and structures proposed to be included in the APA;

   F.   A statement outlining the current contiguous acreages of land, land use, agricultural productivity, and other relevant characteristics of the land to be included in the APA;

   G.   The number of years the land has been in agricultural or forest production, and the applicant's plan to continue using the land for agricultural or forest purposes';

   H.   The stated reasons for seeking an APA designation. (Ord. 2024-12-2, 12-2-2024)

Upon receipt of a completed application, the APA commission shall post notice of the date and time for review of the proposal and make a recommendation to the Board of County Commissioners withing sixty (60) days of receiving the application. The application shall be evaluated on the following criteria:

   A.   The total contiguous acreages of the land is at least twenty (20) acres in size and is actively devoted to agricultural or forest production;

   B.   Meet the eligibility criteria in Section 8-16-3;

   C.   Viability of the proposed APA lands for continued use for agricultural or forest production;

   D.   The Applicant's plan for continuity of operation over the twenty (20)-year designation period;

   E.   Possible conflict with existing city annexation or development plans;

   F.   Proximity to existing public rights of way;

   G.   Proximity to planned transportation corridors or future public rights of way;

   H.   Proximity to planned airport expansion or development;

   I.   Proximity to planned development with existing entitlements;

   J.   Agricultural production capability of the land within the proposed APA; and

   K.   Other local impacts relevant to the proposed APA.

      Notwithstanding the criteria and review process outlined in this chapter, the Board of County Commissioners may place additional conditions on lands designated as an APA, including, but limited to, setbacks from existing public rights of way, setbacks from existing public structures, and a review of the land's APA designation after twenty (20) years.

      Once the APA commission makes its recommendations to the board of county commissioners, the Board of County Commissioners shall hold a public hearing and issue its decision within sixty (60) days. Failure to make a decision shall render the APA commission's recommendations final. The board of county commissioner's decision shall include findings and facts supporting its decision.

      Upon making its decision, the Board of County Commissioners shall:

      1.   Record the designation of an APA, a legal description of the area; and any findings and facts with the county recorder within ten (10) days;

      2.   Amend county land use planning maps to reflect the boundaries of the APA; and

      3.   Notify relevant public officials and agencies of the designation. (Ord. 2024-12-2, 12-2-2024)

An expansion or modification of an existing APA shall follow the same application, review, and hearing procedures outlined in this code. Any expansion of an APA shall be contiguous to the APA. (Ord. 2024-12-2, 12-2-2024)

A landowner wishing to terminate an APA must request in writing a meeting with the Board of County Commissioners. The meeting request shall include a proof of hardship. The request and proof of hardship should be submitted to both the County Clerk and Board of County Commissioners. Early termination of the APA shall only occur upon the proving by land owner of an undue hardship as defined in this code. The landowner seeking the termination of an APA is not taken lightly, and will be carefully consider. (Ord. 2024-12-2, 12-2-2024)

Lands designated as an APA will remain so designated for a period of twenty (20) years. A landowner wishing to end an approved APA designation after twenty (20) years must notify the Board of County Commissioners, County Clerk, and Planning and Zoning Administrator in writing of their desire to not to renew the land's APA designation, within ninety (90) days prior to the expiration of the APA. Failure of the landowner to notify the county, or failure of the county to review the APA terms, will result in the APA designation continuing for another twenty (20) years. (Ord. 2024-12-2, 12-2-2024)

An application fee shall be required to cover administrative costs, including, but not limited to, reviewing materials, conducting public meetings and hearings, noticing, processing and recording documents, and updating county land use maps. The application fee may be set from time to time by the Board of County Commissioners in an amount that is based on the County's actual Costs. The initial application fee shall be eight hundred dollars ($800.00), plus $100.00 per additional parcels. This fee shall automatically increase by three percent (3%) each year. (Ord. 2024-12-2, 12-2-2024)

Unless otherwise approved by the Board of County Commissioners, the following land uses are not allowed within an APA:

   A.   The siting of large confined animal feeding operations (CAFO);

   B.   The siting of residential, commercial, manufacturing, industrial, solar energy, wind energy, or battery storage structures; or

   C.   Any other nonagricultural land uses.

The Board of County Commissioners or acting code enforcement officer shall be responsible for enforcing the provisions of this chapter. Any person found to be in violation of this code shall be guilty of a misdemeanor and punishable as provided in Section 18-113, Idaho Code. (Ord. 2024-12-2, 12-2-2024)

Any building or structure that would fall under an ag exempt building permit, and is not a place of regular employment or residence would be allowed to be upon or placed upon APA lands. (Ord. 2024-12-2, 12-2-2024)

The Board of County Commissioners Shall appoint at least three (3) and no more than five (5) members to the APA Commission to serve for a term or three (3) years. Members shall be actively employed by or supporting production agriculture as further defined in Idaho Code § 67-9705. APA Commission members shall serve in an advisory role and have the following responsibilities:

   A.   Review and make recommendations on APA applications, APA members serve in a volunteer capacity without pay, benefits, or other compensation. If a member of the APA Commission is deemed unable to fulfill the duties of the APA Commission or no longer is actively involved in agriculture, they may be replaced at the will of the Board of County Commissioners. (Ord. 2024-12-2, 12-2-2024)