Bill
S 1133
Revises Idaho's Agricultural Protection Area Act to encourage voluntary APAs, standardize county review, and create an APA Fund to pay landowners; minimum 20-year term; emergency.
Important note — inconsistent source materials
- The materials you provided appear to include multiple, different bills that share the number “S 1133” (an Idaho bill amending the Agricultural Protection Area Act, a Massachusetts bill on caregiver authorization affidavits, and other unrelated docketing/sponsor information). The detailed bill text and legislative actions in the packet most consistently describe the Idaho S 1133 (amendments to Idaho Code, Chapter 97, Title 67) concerning Agricultural Protection Areas. This summary focuses on that Idaho bill. If you intended a different S 1133 (for example, the “guardians for schools” license plate title listed at the top), please confirm or provide the correct text.
Summary — Idaho Senate Bill No. 1133 (2025)
Purpose
- To revise and clarify the Agricultural Protection Area Act (Idaho Code, Chapter 97, Title 67) to encourage voluntary creation of Agricultural Protection Areas (APAs), set procedural standards for county implementation and application review, limit certain local regulation changes, and establish an Agricultural Protection Area Fund to provide monetary payments to participating landowners. The bill also declares an emergency and provides an effective date.
Key provisions and changes
- Definitions: Adds/clarifies terms including “agricultural protection area,” “agricultural protection area fund,” “applicant” (owner of ≥5 acres in active ag/forest production for the prior 3 consecutive years), and “hardship.”
- County requirements (deadline): Each county board of commissioners must adopt an APA ordinance and establish an APA commission by January 1, 2025.
- Minimum term: APAs must be established for a minimum of 20 years.
- Applications: Ordinances must set application requirements (parcel descriptions, current uses), clear and objective evaluation standards, timelines for decisions, and application fees limited to actual administrative costs (including notice, hearings, records, and map updates). Additional appeal fees may be charged but may not exceed actual hearing costs.
- Review and decision process: Repeals prior §67‑9706 and replaces it with a new review process:
- Planning/zoning administrator (or designee) must issue a written approval/denial within 60 days of the APA commission recommendation. The decision must state the standards used, the commission’s recommendation, reasons, and corrective actions if applicable.
- If no decision in 60 days, the commission’s recommendation becomes the administrator’s decision.
- Applicants may appeal in 30 days to the county commissioners; the board must hold a public hearing within 60 days and issue a final decision within 60 days after the hearing (failure to act leaves prior decision in place). Final decisions are subject to judicial review.
- Adding/removing land: Provides procedures for adding land to and removing land from existing APAs; a removal petition includes an acknowledgment and a confirmed removal date (text truncated in provided copy but indicates a 10‑year confirmation reference).
- Limitations on local regulations: Revises provisions limiting local regulations affecting APAs (details in full text).
- Agricultural protection area fund: Adds a new section to create a fund to provide monetary payments to owners of land within approved APAs.
- Emergency clause and effective date: The bill includes an emergency declaration for prompt effect.
Who is affected
- Private landowners who own ≥5 acres used in active agricultural or forestry production (eligible applicants).
- County governments (boards of county commissioners, planning & zoning administrators, APA commissions) responsible for ordinances, application processing, and appeals.
- Local planners and the public (map designations intended to inform planning without requiring rezones).
- Potential state/local fiscal impact: Fiscal note attached states no impact on the Idaho General Fund, as APAs are established and administered by counties. The bill creates a fund to pay owners (source/level of payments not detailed in provided excerpts).
Procedural/timeline highlights
- Counties required to adopt APA ordinances and establish commissions by Jan 1, 2025.
- Administrator decision timeline: 60 days after commission recommendation.
- Appeal to county commissioners: within 30 days; hearing and final decision timelines each 60 days.
- New statutory sections replace and clarify prior procedural language; the bill declares an emergency for immediate effect.
If you want
- A focused summary of the “guardians for schools” license plate bill referenced in your header, or
- A summary of the Massachusetts caregiver‑affidavit S.1133 included in the packet,
please indicate which and I will produce that summary.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
