The purpose of this chapter is to provide for a voluntary process through which agricultural producers of Payette County may make application to commit lands actively devoted to agriculture for future agricultural use. An Agriculture Protection Area (APA) designation aims to protect productive farmland and rangeland; 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. 2024-05, 12-23-2024)

   The Payette County Title 8 Zoning Ordinance is hereby amended to add the following new Chapter 21 AGRICULTURE PROTECTION AREAS.

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. 2024-05, 12-23-2024)

   An Agriculture Protection Area Commission of three (3) members shall be appointed by the Board of County Commissioners within ninety (90) days of passage of this ordinance and applications may be received at that point.

   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 five (5) contiguous acres;

   B.   Actively devoted to an agricultural purpose for the previous three (3) consecutive years;

   C.   Assessed as agriculture land; and

   D.   Located within a zone that allows for agricultural use.

   Landowners wishing to establish an APA must submit an application to the planning and zoning administrator. At a minimum, the application shall include the following:

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

   B.   Proof of land ownership;

   C.   A legal description of the parcels, structures, and facilities proposed to be included in the APA;

   D.   A map showing the boundaries of the proposed APA;

   E.   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;

   F.   The number of years the land has been in agricultural production, the types of agricultural commodities produced, and the applicant's plan to continue using the land for agricultural purposes;

   G.   The stated reasons for seeking an APA designation;

   H.   Soil surveys, water rights, and any other relevant environmental assessments.

(Ord. 2024-05, 12-23-2024)

   Upon receipt of a completed application, the APA commission shall review the proposal and make a recommendation to the board of county commissioners within sixty (60) days of receiving the application. The application shall be evaluated on the following criteria:

   A.   The total contiguous acreage of the land is at least five (5) acres in size and is actively devoted to agricultural production;

   B.   Existing zoning;

   C.   Proximity to or inclusion in an existing area of city impact;

   D.   Possible conflict with existing city annexation or development plans or agreements;

   E.   Proximity to existing public rights of way;

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

   G.   Proximity to planned airport expansion or development;

   H.   Proximity to planned development with existing entitlements; and

   I.   Other local impacts relevant to the proposed APA.

   Notwithstanding the criteria and review process outlined in this code, the board of county commissioners may place additional conditions on lands designated as an APA, including, but not 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 recommendation 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 recommendation 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:

   A.   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;

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

   C.   Notify relevant public officials and agencies of the designation. Should define who is relevant.

(Ord. 2024-05, 12-23-2024)

   An expansion, modification, or removal 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. 2024-05, 12-23-2024)

   A landowner wishing to terminate an APA before its twenty (20) year term must request in writing a meeting with the board of county commissioners, delivered to the planning and zoning administrator. The meeting request shall include a proof of hardship. Early termination of the APA shall only occur upon the proving by the landowner of an undue hardship as defined in this code. The landowner seeking to terminate an APA bears the burden of proof in demonstrating the hardship.

(Ord. 2024-05, 12-23-2024)

   Lands designated as an APA will remain so designated for a period of twenty (20) years. At that time, either the County or the landowner may opt to remove the APA designation. If the County wishes to change an APA designation, it must notify the landowner and reinitiate the review process as outlined above. A landowner wishing to end an approved APA designation after twenty (20) years must notify the board of county commissioners in writing of their desire not to renew the land's APA designation. 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. 2024-05, 12-23-2024)

   An application fee shall be required to cover administrative costs, including, but not limited to, reviewing materials, conducting public meetings and hearings, processing and recording documents, and updating county land use maps.

(Ord. 2024-05, 12-23-2024)

   Unless otherwise approved by the board of county commissioners, the following land uses are not allowed within an APA:

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

   B.   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. 2024-05, 12-23-2024)