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Council grants permanent conditional use permit for four RV/tiny-home sites in Lava Hot Springs
Summary
Bannock County planning council unanimously approved a conditional use permit allowing four nightly rental RV/tiny-home sites at 10795 Dempsey Creek Road, imposing five conditions including Idaho DMV RV standards, quiet hours, a seasonal operation window and no signage; a neighbor raised a septic-capacity concern.
The Bannock County Planning and Development Council voted 5–0 to grant a conditional use permit to Jane Dame to operate four RV/tiny-home nightly rental sites at 10795 Dempsey Creek Road in the Lava Hot Springs area, with five conditions attached.
Applicant Jane Dame told the council the sites were originally permitted about 5½ years ago, that tiny homes on wheels have replaced truck-and-trailer RVs, and that she and family members live on-site and manage the operation. Neighbor testimony in support came from Zachary Dame, Megan Reno and Nephi Reno, who described the operation as quiet, well-managed and compatible with the recreational zoning. Megan Reno cited state land-use law and warned that denying or over-restricting a permitted campground could raise concerns under Idaho’s regulatory takings framework: "When a campground is expressly permitted in the zone and application satisfies all requirements, denying or over restricting it raises significant concerns under the Idaho Regulatory Takings Act."
A nearby neighbor, Julie Hill, testified neutrally and asked whether the property's 1,000-gallon septic (installed in 2020) is adequate given multiple bathrooms and the proposed four nightly rentals. Council members noted septic capacity and inspection fall under the Southeast Public Health Department’s jurisdiction; the applicant replied the home is on a separate septic and said the health department approved the original installations.
Council members moved to transfer conditions from the previous permit except the three-year time limit and adopt these five conditions for the permanent CUP: (1) adequate trash collection and disposal provided by the owner; (2) all tiny homes must meet Idaho Department of Motor Vehicles standards for recreational vehicles; (3) quiet hours 10 p.m.–6 a.m.; (4) seasonal operation April 15–Oct. 31 each year; and (5) no signage. The motion was seconded and carried on a roll-call vote of 5–0 (Stuart Ward, Edward Ulrich, Chad Selenite, Crystal Matson and Molly Dimock voted yes).
The council directed staff to prepare the findings and order for signature. Per the hearing notice, the decision can be appealed to the Board of County Commissioners within 10 days.
