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Washington County pauses final decision on Fruit Tract roads, allows limited building permits
Summary
Washington County commissioners debated whether to accept a developer-built private road in the Fruit Tract as county right-of-way, heard legal advice on recorded plats and easements, entered executive session and agreed to let Planning issue currently pending building permits while pursuing further legal review and outreach to landowners.
WASHINGTON COUNTY, Idaho — Washington County commissioners spent much of their April 27 meeting wrestling with whether a private road built by a developer in the Fruit Tract south of the Weiser Airport can replace a platted county right-of-way, then directed limited, immediate relief for property owners while legal work continues.
The board heard from Planning & Zoning Administrator Bridget Felmley, Road and Bridge/Solid Waste Supervisor Jerod Odoms, Prosecuting Attorney True Pearce and developer/landowner Troy Halberg about a tangled history of plats, recorded easements and subsequent lot sales. Pearce said county records suggest a plat and recorded easement exist and that the county has enforcement options, but the situation is "a mess" that will require follow-up.
"I don't like the position the county's been put in," Commissioner Gordon Wilkerson said, describing how access had been allowed historically for a parcel rather than the wider residential development now sought. "If we were giving access to a private piece of ground, or if we were giving access to residential development, I think I would not have been in favor of that." (Commissioner Wilkerson)
Key facts discussed: the subdivision contains 11 lots (Halberg said he owns two), a recorded easement along the private road is about 30 feet wide and the existing roadbed is "a little over 20 feet," while county standards for new right-of-way are typically about 50 feet. Commissioners and staff repeatedly raised concerns about emergency access, turnarounds and snow removal for a private road that the county would not maintain.
Pearce told the board that one option would be for property owners to deed the private road to the county, which would allow the county to accept it as public right-of-way if deeded and constructed to standards. Pearce cautioned against simply declaring private property a county road without owners' agreement and stressed that the board has a range of options, including enforcing recorded plats or requiring replatting in some circumstances.
The board entered executive session under I.C. 74-206(1)(f) at 12:03 p.m. to consult with legal counsel about potential litigation and returned at 12:40 p.m. with no final action. After the executive session, commissioners agreed that Planning could issue the building permits Felmley already had prepared so those applicants would not be unduly delayed, while staff and the prosecuting attorney pursue further review and outreach to other landowners.
"I feel that the people that bought these parcels of land bought them in good faith," Commissioner Jim Harberd said when supporting a limited, immediate issuance of permits. "Due to the circumstances, we'll allow Bridget to issue the building permits." (Commissioner Harberd)
Commissioner Nate Marvin said he supported issuing the immediate permits but asked staff to ensure the broader issues — including whether additional lots will be affected and what steps are needed to prevent a repeat — are addressed before further permits or sales proceed.
Next steps: the board asked staff and the prosecuting attorney to review minutes and records from earlier actions, contact the other landowners and return the matter to the agenda next week for continued discussion. The board recessed at 1:25 p.m. The commissioners made no formal decision to accept or reject the private road as public right-of-way during this meeting.
Votes and formal actions related to this item were procedural: the board moved into and out of executive session (motion by Nate Marvin, seconded by Gordon Wilkerson; roll-call votes Aye) and directed staff to issue existing permits while legal follow-up proceeds. No vote was taken to accept or take ownership of the road.
Why it matters: the choice affects emergency access and who will maintain and pay for long-term road upkeep; it also raises questions about county oversight of plats and whether prior approvals or recorded easements have been properly enforced.
The board plans to continue the matter at an upcoming meeting after legal review and outreach to property owners.
