Point #18
True incorrectly advised the BOCC regarding their authority to perform Planning and Zoning functions without formally amending the County Code
Summary: On July 10, 2025, the Board of County Commissioners (BOCC), with input from the Prosecuting Attorney, removed the entire nine-member Planning and Zoning (P&Z) Commission. Available information indicates that subsequent actions did not fully account for provisions within Washington County Code (WCC) 1-7-2, which outlines timing and procedures for appointments, resulting in an extended period during which no functioning P&Z Commission was in place.
As a result, from July 2025 into March 2026, the County operated without an active P&Z Commission. During this time, questions have been raised regarding whether the BOCC had the authority to perform P&Z functions without first amending the WCC, which establishes the framework for implementing Idaho Code requirements under IC 67-6504 and IC 67-6509.
The WCC assigns specific roles and responsibilities to the P&Z Commission and does not clearly provide a process for the BOCC to assume those duties in its absence. Despite this, statements were made by the Prosecutor during BOCC meetings, including September 2, 2025, indicating that the BOCC could proceed without modifying the code.
Additionally, during a November 24, 2025 public hearing, concerns were raised regarding the interpretation and presentation of Idaho Code 67-6504. Meeting records from September through November reflect continued discussion of land use matters by the Board, along with differing interpretations of applicable state law and County Code. In at least one instance, a statutory provision was cited by the Prosecutor in a manner that was questioned by members of the public. Public input intended to address the full context of the statute was not allowed. These circumstances have led to ongoing concerns regarding how planning and zoning responsibilities were carried out during this period, including the interpretation of governing law and the availability of public participation in those processes.
These circumstances have contributed to concerns regarding the completeness and accuracy of legal guidance provided to the BOCC, as well as the resulting impact on planning and zoning processes within the County. Under Idaho Code 31-2604, the role of the Prosecuting Attorney is to provide legal advice when requested. Questions have been raised as to whether that guidance fully reflected applicable legal requirements in this instance.
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