Kootenai County Area-Wide Zone Change
Deadline to opt out of rezone was June 30, 2024
Kootenai County gave property owners until June 30, 2024, to opt out of a rezone of multiple parcels located in both the unincorporated area of Kootenai County and the Coeur d’Alene Tribal Reservation.
The county and tribe asked the Board of County Commissioners in 2022 to rezone more than 200 parcels from Rural to Agriculture zoning to limit development within tribal boundaries to preserve agricultural land, timber land, open spaces, natural resources, and the rural character of the area.
At a November 30, 2023, public hearing, commissioners decided that no one who was opposed to the rezoning would be rezoned against their will. Any property owner who informed the county that they did not want to be included in the rezoning was able to keep the existing Rural zoning classification.
A list of property owners who informed the county that they do not want to be included in the rezoning is available for download below.
PROJECT AREA MAPS
Frequently Asked Questions
Property owners that own parcels proposed to be rezoned to agricultural received a postcard notification in mid-April. If you are still unsure whether you received the postcard or if you are affected please visit the County’s iMS portal and refer to the Mailing List. In addition, you can contact project staff directly.
No, in general there are three basic circumstances in which a compensable taking occurs:
1) When a government action causes physical occupation of property;
2) When a government action causes physical invasion of property; and/or
3) When a government regulation effectively eliminates all economic values of the property.
This proposal does not meet any of these circumstances. The County is not proposing an action that causes physical occupation or property or physical invasion of property. The proposal also does not eliminate all economic values of the property. Per Kootenai County Code 8.2.106 there are multiple uses permitted in the agricultural zone as well as conditional uses that allow development. The zoning change from Rural to Agricultural does prohibit subdivisions, however, subdivisions are not a fundamental attribute of ownership.
In addition, a zoning ordinance that deprives an owner of the highest and best use of his land is not a “taking.” There are two methods for finding a zoning ordinance unconstitutional. First, it may be shown that it is not “substantially related to the public health, safety, or welfare.” Second, it may be shown that the “zoning ordinance precludes the use of property for any reasonable purpose” (Idaho Regulatory Takings Act Guidelines, 2020). This proposal does not preclude the use of property for any reasonable purpose. For the most part, permitted, accessory, and conditional uses in the zoning designation of “rural” are similar to the agricultural zoning designation. Both zoning designations equally prohibit commercial, industrial, or manufacturing uses. Both designations also equally require a minimum 65% open space free from structures.
Kootenai County has established exemptions to the divisions of land codified in 8.6.103 that permit subdivisions regardless of zoning designation. Divisions made pursuant to a will, testamentary trust, testamentary provision of an inter vivos trust, or other similar instrument associated with a decedent's estate are exempt from the lot consolidation process, including the prohibition in the agricultural zone. There are specific requirements identified in § F (1-4) that must be met to be able to claim the exemption.
The Kootenai County Assessor’s office assesses the market value of your property based upon the fair market value and reflects market conditions in your neighborhood. According to the Kootenai County Assessor website, if your property jumped significantly this year, it may be related to: (a) the physical inspection revealed improvements not known by the Assessor before, or; (b) your neighborhood is a ‘hot market” resulting in higher market sales data for your neighborhood. A property’s zoning designation does not influence tax assessments.
You are eligible to be included in the rezone by request even if your property does not meet the threshold criteria. Please contact Kootenai County Community Development directly to request including your parcel as part of the rezoning.