Idaho Code
Idaho Code § 67-6512 (2026)
Special use permits, conditions, and procedures.
✓ current as of May 2026
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Special use permits, conditions, and procedures.
(a) As part of a zoning ordinance each governing board may provide by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for the processing of applications for special or conditional use permits. A special use permit may be granted to an applicant if the proposed use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby.
(b) Prior to granting a special use permit, at least one (1) public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Each local government is encouraged to post such notice on its official websites, if one is maintained. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notwithstanding jurisdictional boundaries, notice shall also be provided to property owners or purchasers of record within the land being considered, three hundred (300) feet of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission, provided that in all cases notice shall be provided individually by mail to property owners or purchasers of record within the land being considered and within three hundred (300) feet of the external boundaries of the land being considered and provided further that where a special use permit is requested by reason of height allowance that notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred (100) feet and within no less than one (1) mile when the peak height of a structure in an unincorporated area is four hundred (400) feet or more and, when four hundred (400) feet or more, the structure’s proposed location and height shall be stated in the notice. Any property owner entitled to specific notice pursuant to the provisions of this subsection shall have a right to participate in public hearings before a planning commission, planning and zoning commission or governing board.
(c) When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice. In the absence of a locally adopted alternative notice procedure, sufficient notice shall be deemed to have been provided if the city or county provides notice through a display advertisement at least four (4) inches by two (2) columns in size in the official newspaper of the city or county at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
(d) Upon the granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, those:
(1) Minimizing adverse impact on other development;
(2) Controlling the sequence and timing of development;
(3) Controlling the duration of development;
(4) Assuring that development is maintained properly;
(5) Designating the exact location and nature of development;
(6) Requiring the provision for on-site or off-site public facilities or services;
(7) Requiring more restrictive standards than those generally required in an ordinance;
(8) Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
(e) Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects and any aviation hazard as defined in section 21-501(2), Idaho Code, of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one (1) parcel of land to another.
(f) In addition to other processes permitted by this chapter, exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection (d) of this section.
Notes of Decisions
Cited in 30
cases (5 in the last 5 years), 1982–2024 · 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). “" (Emphasis added). As set forth above, a conditional rezone and corresponding development agreement is the functional equivalent of a conditional use permit in Canyon County.”
Neighbors for a Healthy Gold Fork v. Valley Cnty., 176 P.3d 126 (Idaho 2007). “I.C. § 67-6512(b). Pursuant to this provision, notice of such hearing shall be published fifteen days prior to the hearing.”
Gardiner v. Boundary Cnty. Bd. of Commissioners, 229 P.3d 369 (Idaho 2010). “Tungsten and the Board assert that Section 1(E) is in alignment with I.C. § 67-6512(a) because it conditionally permits the grant of special use permits subject to compliance with specified conditions, as specified in Chapter 13 of the Ordinance.”
Fischer v. City of Ketchum, 109 P.3d 1091 (Idaho 2005). “Idaho Code § 67-6512 (e) specifically contemplated that further studies may be ordered but those must be done prior to granting the CUP.”
917 LUSK, LLC v. City of Boise, 343 P.3d 41 (Idaho 2015). “Following the Commission’s decision, but before the City Council heard Lusk’s appeal of the Commission's decision, the Legislature amended Idaho Code section 67-6512 as follows: In addition to other processes permitted by this chapter, exceptions or waivers of standards, other…”
Highlands Dev. Corp. v. City of Boise, 188 P.3d 900 (Idaho 2008). “LLUPA mentions special use permits, I.C. § 67-6512; subdivision permits, I.C.”
Johnson v. Blaine Cnty., 204 P.3d 1127 (Idaho 2009). “” Idaho Code § 67-6512 (a) provides in part, “A special use permit may be granted to an applicant if the proposed use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance____” Subsection (d) of the…”
Homer v. Kootenai Cnty. Bd. of Commissioners, 867 P.2d 989 (Idaho 1994). “I.C. § 67-6512. Conditional use permits may be granted provided the use is still in compliance with the community comprehensive plan.”
Buckskin Props., Inc. v. Valley Cnty., 300 P.3d 18 (Idaho 2013). “Based on amendments made in 2003 to the three pertinent code sections of LLU-PA — I.C. § 67-6512, which deals with special or conditional use permits; I.”
Burns Holdings, LLC v. Teton Cnty. Bd. of Commissioners, 272 P.3d 412 (Idaho 2012). “” I.C. § 67-6512. In this case, Burns Holdings was required to seek a variance in order to obtain a waiver of the zoning ordinance’s limitation on the maximum height of buildings or structures.”
Chisholm v. Twin Falls Cnty., 75 P.3d 185 (Idaho 2003). “§ 67-6512. I.C. § 67-6519 requires that the zoning ordinances establish a procedure for processing a permit required or authorized under the LLUPA in a timely manner.”
Palmer v. Bd. of Cnty. Commissioners, 790 P.2d 343 (Idaho 1990). “" It provides that an affected person may at any time prior to final action on a permit petition in writing for a hearing pursuant to I.C. § 67-6512. Here, there is no challenge to the validity of Ordinance 77-5 that prohibits the construction of a residence in the Primary…”
— Idaho Code § 67-6512(2) — 3 cases
Hawkins v. Bonneville Cnty. Bd. of Commissioners, 254 P.3d 1224 (Idaho 2011).
Hawkins v. Bonneville Cnty. Bd. of Com'rs, 254 P.3d 1224 (Idaho 2011).
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013).
— Idaho Code § 67-6512(a) — 9 cases
Gardiner v. Boundary Cnty. Bd. of Commissioners, 229 P.3d 369 (Idaho 2010). “Tungsten and the Board assert that Section 1(E) is in alignment with I.C. § 67-6512(a) because it conditionally permits the grant of special use permits subject to compliance with specified conditions, as specified in Chapter 13 of the Ordinance.”
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). “" (Emphasis added). As set forth above, a conditional rezone and corresponding development agreement is the functional equivalent of a conditional use permit in Canyon County.”
Cowan v. Bd. of Com'rs of Fremont Cnty., 148 P.3d 1247 (Idaho 2006).
Bracken v. City of Ketchum, 537 P.3d 44 (Idaho 2023).
Buckskin Props., Inc. v. Valley Cnty., 300 P.3d 18 (Idaho 2013). “Based on amendments made in 2003 to the three pertinent code sections of LLU-PA — I.C. § 67-6512, which deals with special or conditional use permits; I.”
— Idaho Code § 67-6512(b) — 4 cases
Neighbors for a Healthy Gold Fork v. Valley Cnty., 176 P.3d 126 (Idaho 2007). “I.C. § 67-6512(b). Pursuant to this provision, notice of such hearing shall be published fifteen days prior to the hearing.”
Fischer v. City of Ketchum, 109 P.3d 1091 (Idaho 2005). “Idaho Code § 67-6512 (e) specifically contemplated that further studies may be ordered but those must be done prior to granting the CUP.”
917 LUSK, LLC v. City of Boise, 343 P.3d 41 (Idaho 2015). “Following the Commission’s decision, but before the City Council heard Lusk’s appeal of the Commission's decision, the Legislature amended Idaho Code section 67-6512 as follows: In addition to other processes permitted by this chapter, exceptions or waivers of standards, other…”
S Bar Ranch v. Elmore Cnty. (Idaho 2022).
— Idaho Code § 67-6512(d) — 2 cases
Burns Holdings, LLC v. Teton Cnty. Bd. of Commissioners, 272 P.3d 412 (Idaho 2012). “” I.C. § 67-6512. In this case, Burns Holdings was required to seek a variance in order to obtain a waiver of the zoning ordinance’s limitation on the maximum height of buildings or structures.”
S Bar Ranch v. Elmore Cnty. (Idaho 2022).
— Idaho Code § 67-6512(d)(6) — 1 case
Buckskin Props., Inc. v. Valley Cnty., 300 P.3d 18 (Idaho 2013). “Based on amendments made in 2003 to the three pertinent code sections of LLU-PA — I.C. § 67-6512, which deals with special or conditional use permits; I.”
— Idaho Code § 67-6512(d)(7) — 1 case
917 LUSK, LLC v. City of Boise, 343 P.3d 41 (Idaho 2015). “Following the Commission’s decision, but before the City Council heard Lusk’s appeal of the Commission's decision, the Legislature amended Idaho Code section 67-6512 as follows: In addition to other processes permitted by this chapter, exceptions or waivers of standards, other…”
— Idaho Code § 67-6512(e) — 1 case
Neighbors for a Healthy Gold Fork v. Valley Cnty., 176 P.3d 126 (Idaho 2007). “I.C. § 67-6512(b). Pursuant to this provision, notice of such hearing shall be published fifteen days prior to the hearing.”
— Idaho Code § 67-6512(f) — 1 case
917 LUSK, LLC v. City of Boise, 343 P.3d 41 (Idaho 2015). “Following the Commission’s decision, but before the City Council heard Lusk’s appeal of the Commission's decision, the Legislature amended Idaho Code section 67-6512 as follows: In addition to other processes permitted by this chapter, exceptions or waivers of standards, other…”
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