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H 233

An act relating to requirements for State-funded grants

2025-2026 Regular Session Introduced by Jana Brown and 16 co-sponsors

Creates a county-level Agricultural Protection Area Fund to financially incentivize landowners in APAs and requires counties to establish APA ordinances and commissions.

Read first time and referred to the Committee on Government Operations and Military Affairs
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Bill Summary · H 233

Summary — H 233 (Agricultural Protection Area Act amendments)

Note: The materials provided include multiple, inconsistent documents (an Idaho bill amending the Agricultural Protection Area Act and separate Massachusetts draft language regarding children’s advocacy centers). This summary focuses on the Idaho bill text and fiscal note that together make up the substantive amendments to the Agricultural Protection Area Act (Title 67, Chapter 97, Idaho Code) introduced Feb 14, 2025. Confirm the bill’s jurisdiction and official title before relying on this summary for legal or administrative action.

Purpose

The bill revises Idaho’s Agricultural Protection Area (APA) statutory framework to (1) clarify and expand definitions, (2) create a county-level fund to provide financial incentives to owners of lands within APAs, (3) require counties to adopt ordinances and commissions for APAs, and (4) tighten procedural timelines and substantive controls governing designation, addition, and removal of land from APAs. An emergency is declared.

Key provisions and changes

  • Definitions (Section 67-9703)
    • Adds/clarifies terms including “agricultural protection area fund” (a county-created fund providing financial incentives), updates “applicant” (owners of ≥5 acres in active agricultural/forest production for prior 3 years), and defines “hardship” with examples (litigation losses, death in family, bankruptcy due to fraud, etc.).
  • County ordinances and commissions (Section 67-9704)
    • Requires each board of county commissioners to establish an APA ordinance and an APA commission by resolution/ordinance (deadline language references Jan 1, 2025).
    • Ordinances must set a process for placing land into APAs for a minimum of 20 years, application requirements, clear/objective evaluation standards, review timelines, and an application fee capped at actual administrative costs.
    • APAs are to be shown on future land use/planning maps as voluntary designations; such mapping does not require rezoning or comp plan amendments.
    • Prohibits siting of residential, commercial, industrial, solar/wind, or other non-agricultural uses inside APAs unless they contribute to agricultural production.
    • Clarifies applicants may apply for APAs inside or outside city impact areas.
  • Application review and timelines (Section 67-9706)
    • County commissioners must review commission recommendations and act (hold a public hearing or regular meeting with public comment) within 60 days; if the board does not act within 60 days, the commission’s recommendation becomes final.
    • Decisions are subject to judicial review.
  • Adding/removing land (Section 67-9709)
    • Confirms landowners may apply to add land to existing APAs; landowners may remove land (text truncated in provided copy, but removal is regulated).
  • New fund (Section 67-9713 — added)
    • Establishes authority for counties to create an Agricultural Protection Area Fund to provide financial incentives to landowners in approved APAs (specific mechanics not fully shown in truncated text).
  • Other
    • Reiterates that designation of parcels as APAs does not affect non-designated parcels.
    • Emergency clause: bill declares an emergency (accelerates enactment).

Fiscal impact

  • Fiscal note states no impact to Idaho General Fund because APAs are county-established; administrative costs expected to be covered by applicant fees (capped at actual costs). Contact listed: Representatives Kevin Andrus and Jerald Raymond.

Who is affected

  • Primary: county boards of commissioners and county planning authorities (must adopt ordinances/commissions); landowners with ≥5 acres in active agricultural/forest production (applicants and APA participants).
  • Secondary: local planners, commissions, developers, and the public (through mapping, land-use planning, and potential financial incentives).

Procedural/timeline notes

  • Introduced: February 14, 2025.
  • The bill text references a county adoption deadline of January 1, 2025 (a past date relative to introduction), and includes an emergency declaration — these features suggest the bill seeks immediate effect; verify legislative timing and effective date language.
  • The county review timeline for applications is 60 days; APAs are minimum 20-year designations.

If you want, I can:
- Prepare a side-by-side comparison of current Idaho Code sections vs. the proposed changes; or
- Draft a short briefing for county officials explaining implementation steps (ordinance language, commission setup, fund mechanics).

Compiled from official sources — confirm details with the bill’s official record.

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