According to Idaho Code 67-6529, Idaho’s Local Land Use Planning Act (LLUPA), local governments “may regulate siting of certain animal operations and facilities” (i.e. CAFOs). Because of this, each of Idaho’s counties have a section of their ordinances that specifically addresses the standards for siting CAFOs in that county.
In theory, this should mean that local governments have a lot of power when it comes to deciding whether or not and how many CAFOs will operate within their jurisdiction. Unfortunately, because of some euphemistic industry-friendly language about “agricultural” land and products in the first paragraph of 67-6529, the limits of that power continue to be contested. The most recent battle on this issue– a dispute between the Idaho Dairymen’s and Idaho Cattlemen’s Associations (CAFO front-groups) and Gooding County– is ongoing.
Approval of a special or conditional use permit for a CAFO is not necessarily the end of the line for local control. Most counties allow “affected persons” to appeal P&Z decisions to the Board of County Commissioners (BCC). Usually, the outcome of an appeal to the county’s BCC is considered a “final action.” If the appeal is not considered a final action, “affected persons” must find out what is.
If, after “all remedies” available “under local ordinances” have been “exhausted,” those “affected persons” are still aggrieved, LLUPA allows them to petition for judicial review. However, the petition for judicial review must be submitted within 28 days of final action and must adhere to the guidelines established in Idaho Code 67-5270 through 67-5279.
Filing a petition for judicial review can be a daunting task. Some counties may provide guidelines, and some may not. ICARE is in the process of commissioning expert help on this issue and compiling a how-to guide to be published on this website. Until then (and after then), your best bet is to contact an attorney and ask if he or she would be willing to provide guidance. We realize this can be an expensive proposition, so we’ll also work on putting up some successful examples to serve as models.