By Mike Weland
The City of Bonners Ferry has opened the process of renegotiating the boundaries
of the state-mandated area of impact agreement with Boundary County, and the
effort raises a slew of questions while providing few definite answers.
In a way, setting the area of impact is somewhat similar to establishing a
comprehensive plan, also mandated by the state. In and of itself, it does very
little but point to the future. Where a comprehensive plan guides decisions made
by a planning body, an area of impact agreement establishes a finite boundary
for future decisions regarding the growth of a city.
So vague is the statute requiring an area of impact agreement, it provides only
a negotiating procedure without the benefit of a definition! The first area of
impact agreement between Bonners Ferry and Boundary County was entered into in
September 1997, and it describes the legislative intent of establishing a
“logical urban fringe area … the area realizing, or will realize, growth and
development that must be planned and managed in an orderly fashion … The Area
of City Impact recognizes trade area, geographic factors and the potential
delivery of public services as being associated with the City of Bonners
Ferry.”
Based on discussion with city officials, it’s the last sentence of that
paragraph (along with the requirement included in the area of impact ordinance
calling for renegotiation after five years) that prompted this request to take
another look.
Under state law, a city cannot annex land that is not included in an area of
impact agreement with the county or counties in which it lies. The law does not
require, however, that land in the area of impact be annexed, and with history
as a guide, the City of Bonners Ferry has been in no rush to undertake the
highly involved process required for annexation.
Since the current area of impact agreement was entered into, the only annexation
undertaken by the city was the Marx Subdivision, and that was done at the
request of the property owners within the area, many of whom watched a home burn
because city firefighters couldn’t go outside city limits.
For practical purposes, expanding the area of impact, in and of itself, has no
impact on property owners within the area of expansion except the possibility
that one day that area could be considered for annexation.
There is no increase in property taxes, nor any guarantee that city utilities
will be expanded to provide service. For planning and zoning purposes, the
county retains jurisdiction. The city is informed of any P&Z action or
application proposed within the area of impact, and has the right to comment
prior to a decision being made.
The four areas being proposed for inclusion have the potential for business
development, but they lack the services and utilities such development would
require. While the city does provide electrical service outside the area of
impact, current policy does not allow the expansion of water or sewer service
outside the city limits.
Conversely, once an area is entered into the area of impact, the county has no
jurisdiction should the city decide to initiate annexation procedures.
But the property owners and residents within the area considered for annexation
do have considerable leverage; there are three categories of annexation outlined
in Idaho Code a city must follow to bring more land within city limits. The
easiest is Category A, in which all private landowners within the area agree to
the annexation. Category B is a bit more difficult and requires considerably
more administrative work. That’s where there are fewer than 100 private
landowners in the area and not all of them agree to the annexation or where
there are over 100 private landowners and more than half of them, but not all,
agree.
In that case, the city must notify all property owners in the area under
consideration, describe in detail the manner in which services will be provided,
how annexation will affect taxation, the fees involved for utility services and
how annexation will affect other units of local government. In addition, they
must show how lands being considered will be zoned should annexation occur.
If the city does all this and agrees to annex after following the procedure, the
city has to prepare detailed findings showing that the annexation meets all
legal requirements, meets the purposes defined in the annexation plan and that
the annexation is necessary for the orderly development of the city.
If anyone disagrees with the city’s decision, even though a majority of
property owners have agreed, they can, within 28 days of the decision, call for
judicial review, in which case the court must confirm that the city has met all
statutory requirements or the annexation is quashed.
Category C is the most difficult of all. When there over 100 private property
owners and fewer than half of them consent to annexation, the city, following
all the steps above, must convince over half of them to agree … or annexation
is blocked.
To show agreement, a property owner has to sign a document showing they give
their express written consent, voluntarily connect to city water or sewer
service, or own property for which written consent has been filed in the county
recorder’s office.
The Boundary County Planning and Zoning Commission has met twice to consider the
city’s request, and both times the clear message is that people affected by
the proposal lack sufficient information and feel uncomfortable expressing an
opinion on such a weighty matter. And this is only the preliminary stage of the
process.
Once members feel they’ve heard enough from the people who will be affected by
the proposal, they’ll forward a recommendation to County Commissioners based
on what they hear. County Commissioners will then hold their own public hearing,
giving people another chance to be heard.
Only then will the actual negotiations begin. And the public will have the
chance to know what that agreement will be before the final document is signed.
To see a map of the areas proposed for inclusion, click
here. Because of the size of the file, it may take considerable time to
open.