Idaho Code
Idaho Code § 67-6509 (2026)
Recommendation and adoption, amendment, and repeal of the plan.
✓ current as of May 2026
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Recommendation and adoption, amendment, and repeal of the plan.
(1) The planning or planning and zoning commission, prior to recommending the plan, amendment, or repeal of the plan to the governing board, shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission shall also make available a notice to other papers, radio, and television stations serving the jurisdiction for use as a public service announcement. Notice of intent to adopt, repeal, or amend the plan shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts and the manager or person in charge of the local public airport, at least fifteen (15) days prior to the public hearing scheduled by the commission. Following the commission hearing, if the commission recommends a material change to the proposed amendment to the plan that was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the governing board will not conduct a subsequent public hearing concerning the proposed amendment. If the governing board will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the governing board. A record of the hearings, findings made, and actions taken by the commission shall be maintained by the city or county.
(2) The governing board, as provided by local ordinance, prior to adoption, amendment, or repeal of the plan, may conduct at least one (1) public hearing, in addition to the public hearing or hearings conducted by the commission, using the same notice and hearing procedures as the commission. The governing board shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the plan, amendments, or repeal until recommendations have been received from the commission.
(3) No plan shall be effective unless adopted by resolution by the governing board. A resolution enacting or amending a plan or part of a plan may be adopted, amended, or repealed by definitive reference to the specific plan document. A copy of the adopted or amended plan shall accompany each adopting resolution and shall be kept on file with the city clerk or county clerk.
(4) Any person may petition the commission or, in absence of a commission, the governing board for a plan amendment at any time, unless the governing board has established by resolution a minimum interval between consideration of requests to amend, which interval shall not exceed six (6) months. The commission may recommend amendments to the comprehensive plan and to other ordinances authorized by this chapter to the governing board at any time.
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1981–2021 · leading case: Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009).
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). “The approval would constitute a "material change" from the P & Z Commission's recommendation, and, therefore require a second hearing on the amendment under Idaho Code § 67-6509 . The Board sent notice of the hearings to property owners within three-fourths of a mile of the…”
Gumprecht v. City of Coeur D'Alene, 661 P.2d 1214 (Idaho 1983). “§ 67-6507; conducting a comprehensive planning process to prepare, implement and update the comprehensive plan, which is to be based upon specific delineated components, see I.”
Price v. Payette Cty. Bd. of Cty. Com'rs, 958 P.2d 583 (Idaho 1998). “The district court, acting in its appellate capacity, considered whether the Board violated I.C. § 67-6509(b) by failing to hold a second hearing prior to its adoption of the amendment to the Comprehensive Plan.”
Neighbors for Responsible Growth v. Kootenai Cnty., 207 P.3d 149 (Idaho 2009). “At a hearing on May 31, 2007, the district court indicated that it would allow Neighbors to go forward with its petition for review of the Board’s final order and would not dismiss Neighbors’ claim for declaratory relief, but that it would not hear argument on the claim for…”
McCuskey v. Canyon Cnty., 851 P.2d 953 (Idaho 1993). “That a gas station/convenience store would be a permitted use in a heavy industrial zone but not in a rural residential zone.”
Bone v. City of Lewiston, 693 P.2d 1046 (Idaho 1984). “— Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or zoning districts where appropriate.”
Ferguson v. Bd. of Cnty. Commissioners, 718 P.2d 1223 (Idaho 1986). “— Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or zoning districts where appropriate.”
State Ex Rel. Roark v. City of Hailey, 633 P.2d 576 (Idaho 1981). “It is no answer to say that the city council went through the procedures required for a plan amendment during its annexation and rezoning process; although the procedures for rezoning and plan amendment are essentially identical — see I.C. §§ 67-6509 & 67-6511 — the subject…”
Jerome Cnty. Ex Rel. Bd. of Commissioners v. Holloway, 799 P.2d 969 (Idaho 1990). “Vanderham asserts that the amended ordinance is void as having been enacted without the proper notice as required by I.C. § 67-6509. The Board of County Commissioners filed this declaratory judgment action to determine the validity of the amended ordinance.”
In Re Application for Zoning Change, 96 P.3d 613 (Idaho 2004). “If a governing board does not elect to exercise the powers conferred by this chapter, it shall establish by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, a planning commission and a zoning…”
Urrutia v. Blaine Cnty., 2 P.3d 738 (Idaho 2000). “Idaho Code § 67-6509 (c) further provides that “[n]o (comprehensive) plan shall be effective unless adopted by resolution by the governing board.”
Wylie v. State, Idaho Transp. Bd., 253 P.3d 700 (Idaho 2011). “” A modification of a development agreement can be made "only by the permission of the governing board after complying with the notice and hearings provisions of section 67-6509, Idaho Code.” I.C. § 67-6511 A.”
— Idaho Code § 67-6509(a) — 4 cases
Gumprecht v. City of Coeur D'Alene, 661 P.2d 1214 (Idaho 1983). “§ 67-6507; conducting a comprehensive planning process to prepare, implement and update the comprehensive plan, which is to be based upon specific delineated components, see I.”
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). “The approval would constitute a "material change" from the P & Z Commission's recommendation, and, therefore require a second hearing on the amendment under Idaho Code § 67-6509 . The Board sent notice of the hearings to property owners within three-fourths of a mile of the…”
Jerome Cnty. Ex Rel. Bd. of Commissioners v. Holloway, 799 P.2d 969 (Idaho 1990). “Vanderham asserts that the amended ordinance is void as having been enacted without the proper notice as required by I.C. § 67-6509. The Board of County Commissioners filed this declaratory judgment action to determine the validity of the amended ordinance.”
— Idaho Code § 67-6509(b) — 7 cases
Price v. Payette Cty. Bd. of Cty. Com'rs, 958 P.2d 583 (Idaho 1998). “The district court, acting in its appellate capacity, considered whether the Board violated I.C. § 67-6509(b) by failing to hold a second hearing prior to its adoption of the amendment to the Comprehensive Plan.”
Neighbors for Responsible Growth v. Kootenai Cnty., 207 P.3d 149 (Idaho 2009). “At a hearing on May 31, 2007, the district court indicated that it would allow Neighbors to go forward with its petition for review of the Board’s final order and would not dismiss Neighbors’ claim for declaratory relief, but that it would not hear argument on the claim for…”
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). “The approval would constitute a "material change" from the P & Z Commission's recommendation, and, therefore require a second hearing on the amendment under Idaho Code § 67-6509 . The Board sent notice of the hearings to property owners within three-fourths of a mile of the…”
Rural Kootenai Org., Inc. v. Bd. of Commissioners, 993 P.2d 596 (Idaho 1999).
Price v. Payette Cnty. Bd. of Cnty. Commissioners, 958 P.2d 583 (Idaho 1998).
— Idaho Code § 67-6509(d) — 2 cases
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). “The approval would constitute a "material change" from the P & Z Commission's recommendation, and, therefore require a second hearing on the amendment under Idaho Code § 67-6509 . The Board sent notice of the hearings to property owners within three-fourths of a mile of the…”
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