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ID H0556
Bill
AI Summary
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Amends Idaho Code Section 46-1021 to exclude irrigation and drainage works from the definition of "development," including construction, reconstruction, operation, cleaning, maintenance, repair, replacement, or improvement of ditches, canals, laterals, drains, and diversion structures when performed or authorized by the owner pursuant to lawful rights and obligations.
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Adds clarification to the definition of "floodway" to specify that ditches, canals, laterals, and drains constructed and used for irrigation or drainage purposes are not considered floodways.
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Amends Idaho Code Section 46-1022 to prohibit floodplain zoning ordinances from regulating the construction, reconstruction, operation, cleaning, maintenance, repair, replacement, or improvement of irrigation and drainage works performed or authorized by owners pursuant to lawful rights and obligations.
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Maintains local government authority to adopt floodplain management ordinances and regulate development within floodplains while carving out an exemption for owner-authorized irrigation and drainage activities.
Legislative Description
Amends existing law relating to flood protection to revise the definition of "development"; and to provide that floodplain zoning ordinances shall not regulate activities relating to irrigation and drainage works that are performed or authorized by the owner pursuant to lawful rights and obligations.
FLOOD PROTECTIONS
Last Action
Governor signed Session Law Chapter 141 Effective: 07/01/10
3/29/2010