What do we want the future of Washington County to look like?

For the past 40-plus years, Washington County’s A-1 zoning code has guided rural development in a fairly balanced way. Under that system, land that was under single ownership in 1979 could be split up to four times for development purposes. Beyond those allowed splits, landowners could still develop their property, but only by applying for a rezone from A-1 to A-2 and going through public hearings before the Planning and Zoning Commission and the Board of County Commissioners. That process allowed for closer review of things like soil quality, irrigation, slope, and whether the land was better suited for farming or for homes.

 This spring, the Prosecuting Attorney advised the Planning and Zoning Administrator that the county code had been interpreted incorrectly regarding “original parcel splits.” An outside law firm, Holland & Hart, reviewed that interpretation and advised that if the County intended to change how the code operates, it should do so through a public hearing and formal amendment process.

 Under the new interpretation, any parcel over 20 acres can now be split into additional 20-acre parcels and sold for development – regardless of how many development splits have already been used. The practical effect is that land can be divided and developed without the public review that has historically been required, and has served to protect “prime ag land.”

 It is also important to point out that the Prosecuting Attorney’s memorandum requires certain provisions of the existing county code to be ignored in order to implement this interpretation. In addition to the 20-acre and original-parcel split issues, the memorandum directs staff to rely on Idaho Code § 50-1301(18) for the definition of “subdivision” rather than the definition adopted in the county code, and to disregard WCC 5-4-2B.2 on the grounds that it produces an “absurd result.” 

 These are just two examples among several where the memorandum effectively changes how the county code operates. Changes of this nature should be processed as amendments through the public process required by Idaho Code § 67-6509.

 The “original parcel” system may not be perfect, but it serves an important purpose. It ensures that when landowners want to go beyond the basic number of splits, the public has a chance to weigh in and decision-makers can consider whether the land is prime agricultural ground or better suited for development.

 If the citizens of Washington County want to preserve what makes this county different from Canyon County, Ada County, or other heavily developed areas, we need to speak up. Decisions that permanently affect our agricultural base should be made openly by our elected commissioners through public hearings – not implemented through reinterpretation that bypasses the public process. The future character of this county depends on it.