Valley County commissioners validate Old Council Road to preserve public access

Valley County commissioners voted April 21 to validate the Old Council Road as a county public road, following a staff report documenting the road’s historical use and agency and public comments urging the county to retain public access.

County parks and recreation representative Dave Bambien told the commission the road historically provided primary access to aviation communication sites on No Business Mountain, to Idaho Department of Lands parcels and to Payette National Forest lands west of West Mountain Road. Bambien said historical research showed cooperative county construction of the road in 1902 and that the county’s records contain no evidence the road was formally vacated between 1902 and 1992.

The vote followed agency statements and public testimony emphasizing safety, maintenance and recreation. John Overstreet, representing the Federal Aviation Administration, said the FAA "agrees that the Valley County Board of Commissioners should validate the portions of the Council Road across private property east of Payette National Forest as a public road in accordance with the Idaho code." He added the FAA has maintained part of the route for more than 40 years and estimated it spends about $3,000 annually on upkeep.

Paul Wagner, chief fire warden for SIPA, told commissioners the route shortens wildfire response times, saying the road "probably cuts off half hour to an hour, depending on road conditions." Christina Gervin of McCall said she supported keeping the road open for recreation and access to public lands.

Bambien summarized outreach and notice: the county hired Historical Research Associates on May 1, 2023; legal notice was published in the Star News on March 27 and April 10, 2025; potentially affected agencies and property owners within 300 feet were notified by mail March 17, 2025; the site was posted March 19, 2025; the staff report and supporting documents were posted April 16, 2025. County staff reported receiving six public emails and agency comments from the FAA and Idaho Power; some submissions arrived after the published comment deadline.

Commissioners discussed practical next steps before voting. They instructed staff and legal counsel to notify property owners and interested parties of the decision, to pursue signage identifying the route as Old Council Road, and to work with the FAA and the road department on a memorandum of understanding for ongoing maintenance. Commissioners also noted DL Evans Bank had submitted a revised petition asking the county to vacate or validate portions of the road and that any future vacation request could be considered separately.

A commissioner moved to "validate the Old Council Road as a county public road," the motion was amended to reference the survey prepared last fall and to name the route the Old Council Road, and it was seconded. The motion passed; commissioners recorded "Aye" votes. The county clerk notified the public of a 28-day appeal period; appeals would be to district court in accordance with Idaho law.

The commission’s validation preserves vehicle access that county staff, the FAA and local emergency responders said is important for maintenance of aviation infrastructure, public recreation and wildfire response. The county will finalize signage and the maintenance agreement and handle any separate vacation petitions or negotiations with private landowners as follow-up matters.