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Commission recommends LDC amendment to create agricultural protection designation, asks fee language be discretionary

5542850 · March 11, 2025
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Summary

Planning staff presented a proposed Land Development Code amendment to implement an agricultural‑protection designation based on a statewide model; the commission voted to forward the amendment to the Board of County Commissioners and requested changing a mandatory fee provision to a discretionary 'may' rule.

Teton County planning staff reviewed a draft Land Development Code amendment intended to create an agricultural‑protection designation for landowners who voluntarily enroll acreage to protect long‑term agricultural use. The draft largely tracks a model ordinance prepared by the Idaho Association of Counties and mirrors similar work in adjacent counties, staff said.

Staff and a county representative explained the ordinance approach is intended to implement a 2024–2025 legislative direction to provide counties a framework for offering voluntary agricultural‑protection designations. The county’s draft uses a designation (rather than a base zone) and contemplates an advisory role for the county’s Agricultural Advisory Board in recommending properties for designation to the Board of County Commissioners.

Commissioners raised two issues to carry forward: whether to include an explicit right for a landowner to petition removal after a fixed period (the statute contemplates removal after a given time frame in some circumstances) and whether the draft should require an application fee. After discussion, the commission moved and approved a recommendation to the Board of County Commissioners to adopt the amendment as presented, with one change: replace mandatory fee language ("shall") with discretionary language ("may") for application fees so that the BOCC can consider a reasonable fee approach during its review.

The motion passed on a voice vote and the item will be scheduled for Board of County Commissioners consideration. Staff plans to meet with the county’s Agricultural Advisory Board to gather input on incentives and implementation details before the BOCC hearing.