Point #21
Concerns have been raised that insufficient enforcement of County Code has allowed residential construction that may not comply with adopted standards.
Summary: Documentation, including the April 17, 2025 Womack-Steele letter, describes direction from the Prosecuting Attorney to issue a building permit without completing standard review processes, including evaluation of compliance with applicable safety and building code requirements.
These circumstances have raised concerns regarding inconsistent interpretation and application of the Washington County Code (WCC). Such inconsistencies appear to be related, in part, to the April 7, 2025 memorandum. While that memorandum identified areas where updates to County Code may have been warranted, available records do not clearly reflect that the Board of County Commissioners (BOCC) was advised to pursue those changes through the required legal and public processes.
Additional documentation, including the Downey letter and records from the Planning and Zoning (P&Z) Administrator, describes actions and decisions that contributed to inconsistent application of building code and permitting requirements.
Records from BOCC meetings indicate that County staff sought guidance on code enforcement matters. For example, during the May 19, 2025 meeting, questions were raised regarding multiple pending code violations and the ability to issue compliance notices. Concerns were expressed that limitations on enforcement actions could impact the County’s ability to uphold adopted standards. Similar concerns were raised again on October 14, 2025.
Broader concerns have also been identified regarding structures constructed and used in ways that may not align with permitting, inspection, or occupancy requirements under applicable building codes, including the International Building Code (IBC) and International Residential Code (IRC). These codes are intended to ensure public health and safety, and questions have been raised regarding consistent enforcement.
Available records do not clearly reflect formal BOCC requests or direction for certain actions attributed to the Prosecuting Attorney. Under Idaho Code 31-2604, the Prosecuting Attorney’s role is to provide legal advice when requested. Concerns have been raised that certain actions described above may extend beyond that advisory role and into administrative or enforcement-related functions assigned to the BOCC or other County officials.
For further details, use the following links to the attachments: