HB2638 - 452R - House Bill Summary

House of Representatives

HB 2638

local planning; grazing protection

Sponsors: Representatives McClure, Brimhall, Clark et al

X	Committee on Natural Resources and Agriculture
	Caucus and COW
	Third Read
	As Passed the House

HB 2638 requires city and county plans to recognize existing water rights; prohibits regulation or reduction of animal husbandry activities and provides a method to determine whether compensation is due to a landowner whose land value has been affected by county planning activities.

History

Cities are required to adopt a general plan which is a municipal statement of land development policies that outlines the principals and standards for local growth. Each county board of supervisors is required to adopt a comprehensive long-term county plan. The plans may include maps, charts or graphs. The process for drafting, approval and administration of a city general plan is outlined in statute under Title 9, and the requirements for a county comprehensive plan are outlined in statute in Title 11.

Provisions

· Requires the water resources element of a city or county plan to include recognition and protection of existing surface water and groundwater rights.

· Stipulates that the city or county plan cannot regulate or reduce existing animal husbandry activities (including grazing livestock or domestic animals) on private, state or federal lands.

· Requires cities, towns and counties to incorporate certain information relating to designation of private or state trust land in their plan, and to adopt enforcement procedures.

· Provides that if a county adopts a planning or zoning regulation relating to a biological preserve or a conservation lands system that causes a reduction in the use or exchange value of real property of ten percent or greater, the property owner may request compensation. The property owner must initiate proceedings within 60 days after the county adopts the regulation, by serving the board of supervisors with a notice of claim by certified mail.

· Requires the board of supervisors to respond to a notice within thirty days and appoint an arbitrator. A second arbitrator will then be appointed by the property owner, and the two arbitrators chosen will select a third. The three arbitrators will constitute the board of arbitration.

· Stipulates that the board of arbitration must determine the status of the claimant’s interest in the property; whether the county regulation has reduced the property value; and if necessary, the compensation due to the claimant.

· If the arbitration board finds that a property owner has been affected by the county regulation, establishes the amount of compensation as the greater of either: 1) the reduction in the fair market value of the property, or 2) the total amount of taxes and special assessments, including interest, levied against the property while owned by the claimant.

· If the property owner prevails in the case, the county is liable for the arbitration costs of the property owner as well as attorney’s fees.

· Makes technical and conforming changes.

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· 45th Legislature