Applicability of ordinances.
The state of Idaho, and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law. In adoption and implementation of the plan and ordinances, the governing board or commission shall take into account the plans and needs of the state of Idaho and all agencies, boards, departments, institutions, and local special purpose districts. The provisions of plans and ordinances enacted pursuant to this chapter shall not apply to transportation systems of statewide importance as may be determined by the Idaho transportation board. The Idaho transportation board shall consult with the local agencies affected specifically on site plans and design of transportation systems within local jurisdictions. If a public utility has been ordered or permitted by specific order, pursuant to title 61, Idaho Code, to do or refrain from doing an act by the public utilities commission, any action or order of a governmental agency pursuant to titles 31, 50 or 67, Idaho Code, in conflict with said public utilities commission order, shall be insofar as it is in conflict, null and void if prior to entering said order, the public utilities commission has given the affected governmental agency an opportunity to appear before or consult with the public utilities commission with respect to such conflict.
Notes of Decisions
State Ex Rel. Kempthorne v. Blaine Cnty., 79 P.3d 707 (Idaho 2003).
· cites it 19× “DISCUSSION At issue is the interpretation of Article IX, Sections 7 and 8 of the Idaho Constitution and the Local Land Use Planning Act (LLUPA), specifically I.C. § 67-6528, to determine whether state endowment lands *709 are exempt from or subject to local zoning ordinances.”
Wylie v. State, Idaho Transp. Bd., 253 P.3d 700 (Idaho 2011).
· cites it 4× “I.C. § 67-6528. However, ITD is required to consult with local agencies “on site plans and design of transportation systems within local jurisdictions.”
Fenwick v. Idaho Dep't of Lands, 160 P.3d 757 (Idaho 2007).
· cites it 4× “That statute provides, “The state of Idaho, and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law.”
Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983).
· cites it 10× “" Finally I.C. § 67-6528 states in part: "The State of Idaho and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law.”
Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020).
· cites it 8× “” Idaho Code § 67-6528 . Nonetheless, local land use planning ordinances “shall not apply to transportation systems of statewide importance as may be determined” by the Board.”
Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020).
· cites it 8× “” Idaho Code § 67-6528 . Nonetheless, local land use planning ordinances “shall not apply to transportation systems of statewide importance as may be determined” by the Board.”
Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020).
· cites it 2× “Madison County’s argument that Bear World’s claims were frivolous is grounded upon the Court’s finding that Idaho Code § 67-6528 specifically required ITD to consult with Madison County before making its decision, and thus any involvement by Madison County was statutorily…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.