Enabling statute

Idaho

Local Land Use Planning Act (LLUPA), Title 67, Chapter 65, Idaho Code

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Summary

Idaho delegates zoning authority to both cities and counties through the Local Land Use Planning Act (LLUPA), codified at Idaho Code Title 67, Chapter 65 (§§ 67-6501 et seq.), enacted in 1975. Section 67-6503 makes the delegation mandatory, directing that "every city and county shall exercise the powers conferred by this chapter," and § 67-6511 is the operative grant authorizing each governing board to enact a zoning ordinance establishing zoning districts and regulating building height, size, lot occupancy, population density, and the location and use of buildings, structures, and land. Zoning must conform to a locally adopted comprehensive plan (§ 67-6508) and follow the notice-and-hearing procedures of § 67-6509. There is no statewide zoning authority; planning and zoning power rests with municipalities (over incorporated areas) and counties (over unincorporated areas), grounded in the police power that Article XII, Section 2 of the Idaho Constitution affords cities and counties.

The delegation

§ 67-6501. SHORT TITLE. This act shall be known as the "Local Land Use Planning Act." § 67-6503. PARTICIPATION OF LOCAL GOVERNMENTS. Every city and county shall exercise the powers conferred by this chapter. § 67-6511. ZONING ORDINANCE. Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or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. The zoning districts shall be in accordance with the policies set forth in the adopted comprehensive plan. Within a zoning district, the governing board may establish standards to regulate and restrict the height, number of stories, size, construction, reconstruction, alteration, repair or use of buildings and structures; percentage of lot occupancy, size of courts, yards and open spaces; density of population; and the location and use of buildings and structures. [Section also requires that an analysis be conducted to evaluate the effect of any zoning amendment on adjacent property and public services and that zoning changes be in accordance with the comprehensive plan.]

Verification

A verification pass checked this record against the source and filed corrections; the citation above is shown as extracted.

Corrected citation

Idaho Code §§ 67-6501 et seq. (Local Land Use Planning Act), Title 67, Chapter 65 (currently running through approx. § 67-6540); key grants at §§ 67-6503 and 67-6511

Read the verification audit

Verified against the Idaho State Legislature official statutes (legislature.idaho.gov). (a) Real, current statute: Title 67, Chapter 65 "Local Land Use Planning" is the live codification. Confirmed current sections including 2025 versions on Justia. (b) Genuinely the zoning enabling authority: This is LLUPA, Idaho's land use enabling act. - 67-6501 = short title "Local Land Use Planning Act," purpose to promote health/safety/general welfare. - 67-6503 ("Participation of local governments") states verbatim: "Every city and county shall exercise the powers conferred by this chapter" — confirming mandatory delegation as claimed. - 67-6511 ("Zoning ordinance") is the operative grant: each governing board shall establish one or more zones/zoning districts, regulating height/number of stories/size/lot occupancy/yards/density of population/location and use of buildings and structures, in accordance with the comprehensive plan and the notice/hearing procedures of 67-6509. Matches the claimed summary closely (including the standards language). - Comprehensive plan requirement (67-6508) and notice/hearing (67-6509) cross-references are accurate. (c) Authority model: county_and_municipal is accurate — 67-6503 binds both cities and counties; cities zone incorporated areas, counties zone unincorporated areas. No statewide zoning authority. Correct. MINOR CORRECTION (does not affect verification): The claimed range "§§ 67-6501 to 67-6538" understates the chapter, which currently runs through at least 67-6540 (e.g., 67-6540 siting of telecommunications/broadband). The "et seq." phrasing and the specific operative grants cited (67-6503, 67-6511) are correct, so this is a non-material endpoint imprecision rather than a citation error. 1975 enactment date confirmed.