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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
749
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
ANNEXATION
BY
CITIES;
AMENDING
SECTION
50
-
222,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
ANNEXATION
BY
CITIES;
AND
DECLARING
AN
3
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
50
-
222,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
50
-
222.
ANNEXATION
BY
CITIES.
(1)
Legislative
intent.
It
is
the
in
-
8
tent
of
the
legislature
to
honor
the
right
of
private
landowners
to
have
a
9
voice
in
their
own
governance,
to
minimize
conflict
between
citizens
and
mu
-
10
nicipalities,
to
provide
a
mechanism
for
the
orderly
development
of
Idaho
1
1
cities,
including
the
efficient
and
economically
viable
provision
of
tax
-
12
supported
and
fee
-
supported
municipal
services,
to
enable
the
orderly
de
-
13
velopment
of
private
lands
that
benefit
from
cost
-
effective
availability
of
14
municipal
services
in
urbanizing
areas,
and
to
equitably
allocate
the
costs
15
of
public
services
in
managing
development
on
the
urban
fringe.
16
(2)
Definitions.
For
purposes
of
this
section:
17
(a)
"Consent"
means
a
written
document
executed
by
the
landowner
or
18
the
landowner's
authorized
agent
explicitly
agreeing
to
annexation.
19
Written
consent
to
annex
lands
must
be
recorded
in
the
county
recorder's
20
office
to
be
binding
upon
subsequent
purchasers,
heirs,
or
assigns
of
21
lands
addressed
in
the
consent.
22
(b)
"Contiguous"
means
sharing
a
common
border.
For
the
purpose
of
this
23
section,
land
is
not
contiguous
if
the
only
common
border
is
along
a
24
shoestring
connection.
25
(c)
"Implied
consent"
means
that
valid
consent
to
annex
is
implied
for
26
the
area
of
all
lands
connected
to
a
water
or
wastewater
collection
sys
-
27
tem
owned
and
operated
in
its
entirety
by
the
city
if
the
connection
was
28
requested
in
writing
by
the
owner
or
the
owner's
authorized
agent
prior
29
to
July
1,
2024,
or
if
the
connection
was
completed
before
July
1,
2008.
30
(d)
"Landowner"
means
a
person
owning
real
property
in
the
area
pro
-
31
posed
for
annexation.
32
(e)
"Planning
and
zoning
commission"
means
the
entity
performing
plan
-
33
ning
and
zoning
duties
for
the
city,
which
may
be
the
city
council
it
-
34
self,
a
planning
commission,
a
zoning
commission,
or
a
planning
and
zon
-
35
ing
commission.
36
(f)
"Subject
land"
means
an
area
proposed
for
annexation
by
a
city
pur
-
37
suant
to
this
section.
38
(3)
Requirements.
Except
as
provided
in
subsection
(5)
(6)
of
this
sec
-
39
tion,
no
city
of
this
state
shall
annex
land
unless
and
until
the
following
40
requirements
are
met:
41
2
(a)
The
subject
land
is
contiguous
to
or
surrounded
by
the
city,
except
1
as
provided
in
subsections
(7),
(9),
or
(11)
(8),
(10),
or
(12)
of
this
2
section;
3
(b)
The
city
notifies
each
landowner
and
the
board
of
county
commis
-
4
sioners
of
its
intent
to
annex
the
subject
land.
Such
notification
5
shall:
6
(i)
Include
a
summary
of
the
annexation
plan;
7
(ii)
Advise
landowners
of
their
right
to
give
or
withhold
consent;
8
(iii)
Include
a
description
of
how
consent
can
be
made,
where
it
9
should
be
filed,
and
the
deadline
for
such
filing,
which
shall
be
10
no
later
than
forty
-
five
(45)
days
after
the
date
of
notification;
1
1
(iv)
Include
information
about
where
the
entire
record
of
the
pro
-
12
posed
annexation
may
be
reviewed;
and
13
(v)
Include
a
legal
description
of
the
subject
land
and
a
simple
14
map
depicting
the
location
of
the
subject
land;
15
(c)
The
city
publishes
notice
of
its
intent
to
annex
the
subject
land.
16
In
providing
notice,
the
city
shall
comply
with
the
notice
and
hearing
17
procedures
governing
a
zoning
district
boundary
change
as
set
forth
in
18
chapter
65,
title
67,
Idaho
Code,
unless
otherwise
provided
in
this
sec
-
19
tion,
on
the
question
of
whether
the
subject
land
should
be
annexed
and,
20
if
annexed,
the
zoning
designation
to
be
applied
to
the
subject
land.
21
The
initial
notice
of
public
hearing
concerning
the
question
of
annexa
-
22
tion
and
zoning
shall
be
published
in
the
official
newspaper
of
the
city
23
and
mailed
by
first
class
mail
to
every
landowner
of
property
included
24
in
the
annexation
proposal
at
least
twenty
-
eight
(28)
days
prior
to
the
25
initial
public
hearing.
All
public
hearing
notices
shall
establish
a
26
time
and
procedure
by
which
comments
concerning
the
proposed
annexation
27
may
be
received
in
writing
and
heard;
28
(d)
The
city
council
adopts
a
written
annexation
plan;
29
(e)
Subsequent
to
publishing
notice
of
intent
and
a
written
annexa
-
30
tion
plan,
the
city
council
and
the
planning
and
zoning
commission
each
31
holds
a
public
hearing
on
the
proposed
annexation,
pursuant
to
section
32
67
-
6525,
Idaho
Code,
at
which
landowners
and
city
residents
are
af
-
33
forded
an
opportunity
to
testify
for
or
against
annexation.
Provided,
34
however,
if
a
city
performs
its
own
planning
and
zoning
functions
with
-
35
out
a
commission,
the
two
(2)
public
hearings
required
by
this
paragraph
36
may
be
combined
into
one
(1)
public
hearing,
but
in
such
case,
the
no
-
37
tice
to
landowners
required
by
paragraph
(c)
of
this
subsection
must
be
38
mailed
at
least
forty
-
five
(45)
days
prior
to
the
public
hearing;
and
39
(f)
Landowners
representing
sixty
percent
(60%)
of
the
parcels
and
at
40
least
fifty
percent
(50%)
of
the
area
proposed
for
annexation
give
vol
-
41
untary
consent
as
defined
in
subsection
(2)
of
this
section
and
record
42
such
consent
with
the
county
recorder's
office
for
the
county
in
which
43
the
property
is
located.
44
(4)
Written
annexation
plan.
The
written
annexation
plan
required
by
45
subsection
(3)
of
this
section
shall
describe:
46
(a)
The
manner
of
providing
tax
-
supported
municipal
services
to
the
47
subject
land;
48
(b)
The
changes
in
taxation
and
other
costs
that
would
result
if
the
49
subject
land
were
to
be
annexed;
50
3
(c)
The
means
of
providing
fee
-
supported
municipal
services,
if
any,
to
1
the
subject
land;
2
(d)
An
analysis
of
the
potential
effects
of
annexation
on
other
units
of
3
local
government
that
currently
provide
tax
-
supported
or
fee
-
supported
4
services
to
the
subject
land;
5
(e)
The
proposed
future
land
use
plan
and
zoning
designation
or
desig
-
6
nations,
subject
to
public
hearing,
for
the
subject
land;
and
7
(f)
A
statement
of
the
public
purposes
that
would
benefit
from
annexa
-
8
tion.
9
(5)
Landowners
whose
property
is
annexed
by
a
city
but
who
do
not
give
10
voluntary
consent
for
such
annexation
pursuant
to
the
provisions
of
subsec
-
1
1
tion
(3)(f)
of
this
section
shall
not
be
required
to
use
wastewater
and
water
12
tax
-
supported
or
fee
-
supported
municipal
services
and
shall
be
allowed
to
13
maintain
or
replace
existing
wastewater
and
water
systems
that
are
compliant
14
with
applicable
rules
and
regulations.
Any
costs
incurred
by
such
noncon
-
15
senting
landowners
solely
as
a
result
of
city
construction,
installation,
16
or
modification
of
municipal
infrastructure
that
causes
the
failure
of
the
17
landowner's
existing
wastewater
or
water
infrastructure
shall
be
paid
by
the
18
city.
19
(5)
(6)
Exceptions.
20
(a)
Annexation
with
consent.
In
the
case
of
a
prospective
annexation
21
where
all
landowners
of
the
subject
property
have
requested
annexation
22
or
where
consent
has
been
given
by
the
landowner
or
landowners
of
a
con
-
23
tiguous
parcel
or
parcels
or
where
implied
consent
has
been
given,
the
24
provisions
of
subsections
(3)
and
(4)
of
this
section
shall
not
apply.
25
In
such
a
case,
the
subject
land
may
extend
beyond
the
city
area
of
im
-
26
pact
if
the
land
is
contiguous
to
the
city
and
the
comprehensive
plan
in
-
27
cludes
the
area
of
annexation.
Lands
need
not
be
contiguous
to
the
city
28
limits
at
the
time
a
landowner
consents
to
annexation
for
the
property
29
to
be
subject
to
a
valid
consent
to
annex,
but
no
annexation
of
lands
may
30
occur,
regardless
of
consent,
until
such
land
becomes
contiguous
to
the
31
city.
Upon
determining
that
a
proposed
annexation
meets
the
require
-
32
ments
of
this
subsection,
a
city
may
initiate
the
planning
and
zoning
33
procedures
set
forth
in
chapter
65,
title
67,
Idaho
Code,
to
establish
34
the
comprehensive
planning
policies,
where
necessary,
and
zoning
clas
-
35
sification
of
the
lands
to
be
annexed.
36
(b)
Enclaves.
The
provisions
of
subsections
(3)
and
(4)
of
this
section
37
shall
not
apply
to
the
annexation
of
any
residential
enclaved
lands
of
38
thirty
(30)
or
fewer
privately
owned
parcels
that
are
surrounded
on
all
39
sides
by
lands
within
a
city
or
lands
that
cannot
legally
or
physically
40
be
annexed.
41
(6)
(7)
Ordinance.
If
all
requirements
provided
in
subsection
(3)
or
42
(5)
(6)
of
this
section
are
satisfied
and
the
city
agrees
to
the
annexation,
43
then
the
city
council
shall
enact
an
annexation
ordinance.
44
(7)
(8)
Highways.
In
any
annexation
proceeding,
all
portions
of
high
-
45
ways
lying
wholly
or
partly
in
the
subject
area
shall
be
included
in
the
area
46
annexed
unless
there
is
an
express
agreement
otherwise
between
the
city
and
47
the
governing
board
of
the
highway
agency
providing
road
maintenance
at
the
48
time
of
annexation.
Provided,
however,
no
city
council
may
annex
property
49
if
the
property
will
be
connected
to
the
city
only
by
a
shoestring
connection
50
4
or
strip
of
land
comprising
the
highway's
right
-
of
-
way
in
order
to
establish
1
contiguity.
2
(8)
(9)
Fairgrounds.
Property
that
is
used
as
a
fairground
pursuant
to
3
the
provisions
of
chapter
8,
title
31,
Idaho
Code,
or
chapter
2,
title
22,
4
Idaho
Code,
shall
not
be
annexed
unless
the
annexation
is
approved
by
a
ma
-
5
jority
of
the
board
of
county
commissioners
of
the
county
in
which
the
prop
-
6
erty
lies.
7
(9)
(10)
Airports.
A
city
may
annex
land
that
is
not
contiguous
to
the
8
city
itself
if
such
land
is
occupied
by
a
municipally
owned
or
operated
air
-
9
port
or
landing
field.
A
city
may
not
annex
any
land
contiguous
to
the
air
-
10
port
or
landing
field
unless
the
land
may
otherwise
be
annexed
pursuant
to
1
1
this
section.
12
(10)
(11)
Recreational
areas.
Property
owned
by
a
nongovernmental
en
-
13
tity
that
is
used
to
provide
outdoor
recreational
activities
to
the
public
14
and
that
has
been
designated
as
a
planned
unit
development
of
fifty
(50)
15
acres
or
more
and
does
not
require
or
utilize
any
city
services
must
have
the
16
express
written
permission
of
the
nongovernmental
entity
owner
to
be
annexed
17
by
a
city.
18
(11)
(12)
Railroad
rights
-
of
-
way.
A
railroad
right
-
of
-
way
property
19
may
be
annexed
pursuant
to
this
section
only
when
property
within
the
city
20
adjoins
or
will
adjoin
both
sides
of
the
right
-
of
-
way.
Provided,
however,
21
no
city
council
may
annex
property
if
the
property
will
be
connected
to
the
22
city
only
by
a
shoestring
connection
or
strip
of
land
comprising
the
railroad
23
right
-
of
-
way.
24
(12)
(13)
Agricultural
or
forest
lands.
In
addition
to
the
requirements
25
set
forth
in
this
section,
the
following
lands
may
not
be
annexed
without
the
26
express
written
permission
of
the
landowner:
27
(a)
Land,
if
five
(5)
acres
or
greater,
actively
devoted
to
agriculture
28
as
defined
in
section
63
-
604(1),
Idaho
Code,
regardless
of
whether
such
29
land
is
surrounded
or
bounded
on
all
sides
by
lands
within
the
city;
and
30
(b)
Land,
if
five
(5)
acres
or
greater,
actively
devoted
to
forest
land
31
as
defined
in
section
63
-
1701,
Idaho
Code,
regardless
of
whether
such
32
land
is
surrounded
or
bounded
on
all
sides
by
lands
within
the
city.
33
(13)
(14)
Judicial
review.
In
the
case
of
a
city
-
initiated
annexation,
34
the
decision
of
a
city
council
to
annex
and
zone
land
shall
be
subject
to
35
judicial
review
in
accordance
with
the
procedures
provided
in
chapter
52,
36
title
67,
Idaho
Code,
and
pursuant
to
the
standards
set
forth
in
section
37
67
-
5279,
Idaho
Code.
An
appeal
shall
be
filed
by
an
affected
person
in
the
38
appropriate
district
court
no
later
than
twenty
-
eight
(28)
days
after
the
39
date
of
publication
of
the
annexation
ordinance
and
shall
be
heard
by
the
40
district
court
at
the
earliest
practicable
time.
All
cases
in
which
there
41
may
arise
a
question
of
the
validity
of
any
city
-
initiated
annexation
under
42
this
section
shall
be
advanced
as
a
matter
of
immediate
public
interest
and
43
concern
and
shall
be
heard
by
the
district
court
at
the
earliest
practicable
44
time.
45
(14)
(15)
This
section
applies
to
annexations
occurring
on
and
after
46
July
1,
2024.
It
does
not
invalidate
or
affect
consent,
including
implied
47
consent,
obtained
or
annexations
undertaken
lawfully
according
to
the
laws
48
in
effect
at
the
time
of
such
consent
or
annexations.
49
5
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3