Valley County commissioners directed staff to require county building and planning permits for a proposed storage and retail building at Tamarack Marina unless the Bureau of Reclamation (BOR) provides documentation demonstrating an exemption.
The issue arose at the board’s 11:15 a.m. session when staff reported that Idaho Parks and Recreation planned to construct a storage building at the marina that would later operate as a retail shop. Unidentified Speaker 2 cited “Idaho code 676528” and said the state and its agencies ordinarily must comply with local plans and ordinances unless a law provides otherwise. Unidentified Speaker 3 countered that construction on federal ground can put projects beyond county authority and that the county would need federal documentation to show an exemption.
“Anything constructed…on federal ground, we have no…we have no jurisdiction over at all,” Unidentified Speaker 3 said, describing past projects where state inspectors had no authority on federal land. In response, board members asked staff to obtain written confirmation from the BOR showing whether Valley County permitting requirements apply to the marina parcel, which staff described as BOR ground managed by Idaho Parks and Recreation.
After discussion, Unidentified Speaker 5 moved that “we require all applicable county permits on any building within Valley County unless otherwise documented and approved by our legal.” The motion was seconded and the board voted in favor. Unidentified Speaker 1 framed the approach as requiring a permit unless and until the county receives proof of an exemption: “I think everybody needs a building permit until you can prove why you don't.”
Board members also discussed the type of building proposed. Staff said the marina project would use modular buildings, which they treat like stick-built houses for permitting, but which are often inspected at the factory. County staff noted they cannot issue a permit for modular units until they receive the appropriate state insignia or approval from the factory inspection process.
Next steps: county staff will seek documentation from the Bureau of Reclamation and pursue legal review to determine whether the marina site is exempt from county permitting. The board’s motion requires documentation from the BOR and county legal approval before any exemption is accepted.
Reporting note: the transcript records the code citation as “Idaho code 676528” and references Bureau of Reclamation (BOR) jurisdiction; staff also referred to prior federal permits and to a legal review request to the county’s legal office.