Idaho Code

Idaho Code § 67-6510 (2026)

Mediation — Time limitations tolled.

✓ current as of May 2026

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Mediation — Time limitations tolled.

(1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zoning commission or the governing board. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body.

(2) The applicant and any other affected persons objecting to the application shall participate in at least one (1) mediation session if mediation is requested by the commission or the governing board. The governing board shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one (1) mediation session if directed to do so by the governing board.

(3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one (1) mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty-eight (28) days from the date of such request.

(4) The mediation process may be undertaken pursuant to the general limitations established by this section or pursuant to local ordinance provisions not in conflict herewith.

(5) The mediation process shall not be part of the official record regarding the application.

Notes of Decisions

Cited in 6 cases, 1977–2011 · leading case: Dry Creek Partners, LLC v. Ada Cnty. Commissioners Ex Rel. State, 217 P.3d 1282 (Idaho 2009).

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Dry Creek Partners, LLC v. Ada Cnty. Commissioners Ex Rel. State, 217 P.3d 1282 (Idaho 2009). · cites it 10× “The same day Dry Creek filed its appeal, it filed a request that the Board order mediation pursuant to Idaho Code section 67-6510. Dry Creek wished to engage in mediation with Dale Frazell and Philip Dater regarding the dispute over the air, light, and view easement.”

Davisco Foods Int'l, Inc. v. Gooding Cnty., 118 P.3d 116 (Idaho 2005). · cites it 4× “While on appeal, Jerome Cheese requested a mediation session pursuant to I.C. § 67-6510(1) of the Local Land Use Planning Act (LLUPA).”

Giltner Dairy, LLC v. Jerome Cnty., 249 P.3d 358 (Idaho 2011). · cites it 4× “[2] In addition, Jerome County points to I.C. § 67-6510, which provides for mediation, and I.”

Dawson Enter., Inc. v. Blaine Cnty., 567 P.2d 1257 (Idaho 1977). · cites it 2× “Accordingly, even though I have concluded that the ordinance in question is invalid, I would remand to the district court for further findings upon the present zoning ordinance and the present comprehensive plan, if any, to determine whether the present zoning ordinances are in…”

McCuskey v. Canyon Cnty., 851 P.2d 953 (Idaho 1993). · cites it 2× “I.C. §§ 67-6508 to 67-6511. The Local Planning Act of 1975 in no way “effectively invalidated” any prior zoning ordinances; it merely required the counties to amend or create a zoning ordinance in accordance with their comprehensive plan.”

Sprenger, Grubb & Assocs., Inc. v. City of Hailey, 986 P.2d 343 (Idaho 1999). · cites it 2× “I.C. § 67-6510. The absence of a land use map after January 1, 1977, cannot be excused as temporary.”

— Idaho Code § 67-6510(1) — 1 case

Davisco Foods Int'l, Inc. v. Gooding Cnty., 118 P.3d 116 (Idaho 2005). “While on appeal, Jerome Cheese requested a mediation session pursuant to I.C. § 67-6510(1) of the Local Land Use Planning Act (LLUPA).”

— Idaho Code § 67-6510(5) — 1 case

Dry Creek Partners, LLC v. Ada Cnty. Commissioners Ex Rel. State, 217 P.3d 1282 (Idaho 2009). “The same day Dry Creek filed its appeal, it filed a request that the Board order mediation pursuant to Idaho Code section 67-6510. Dry Creek wished to engage in mediation with Dale Frazell and Philip Dater regarding the dispute over the air, light, and view easement.”

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