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ID S1338

Bill

Status

Passed

4/5/2016

Primary Sponsor

Resources and Environment Committee

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Origin

Senate

2016 Regular Session

AI Summary

  • Adds four new sections (31-831 through 31-834) to Idaho Code defining procedures for counties to address catastrophic public nuisances on federally managed land.

  • Defines "catastrophic public nuisance" as conditions on federal land including wildfire threats exceeding 150% of land health standards, insect or disease infestations threatening 20% or more tree mortality, or conditions threatening public water supply, air quality, or public health and safety.

  • Authorizes county chief executive officers or county sheriffs to determine a catastrophic public nuisance exists and serve notice on the responsible federal agency (Bureau of Land Management, Forest Service, Fish and Wildlife Service, or National Park Service) with at least 30 days to abate the nuisance or produce an acceptable mitigation plan.

  • Allows counties to pursue all legal remedies for emergency abatement if the federal agency fails to respond or refuses to act, after consulting with the attorney general and attempting to coordinate with federal agencies and professional experts.

  • Preserves state authority to manage wildlife under Title 36 and existing county powers.

Legislative Description

Adds to existing law to provide procedures for counties to declare and demand abatement of a catastrophic public nuisance.

PUBLIC NUISANCE ABATEMENT

Last Action

Signed by Governor on 04/05/16 Session Law Chapter 366 Effective: 07/01/2016

4/5/2016

Committee Referrals

Judiciary and Rules2/15/2016

Full Bill Text

No bill text available