[Vision2020] Latah County Land Use Ordinance

[Donovan Arnold]

Mr. Saylor,

You wrote,

"Yes, the alarmists will say that toxic waste dumps, pig farms,
killer radio towers, illegal junkyards, rural apartment complexes,
overcrowded animal feedlots, inappropriate home businesses,
unapproved cemeteries, and rogue bed and breakfasts will sprout all
over the county unless we enact this ordinance immediately. These
are the same people who generally don't live in the rural county,
and who don't understand the uses being addressed in the ordinance."

Well, I must not be an alarmist then, because I lived both in the city and 
the rural areas of Idaho, including on the outskirts of Troy. I also don't 
believe that this ordinance MUST pass. But it sure is well written, and I 
thought, until now, was easily enough written for ANYBODY to be able to 
comprehend it. Is it perfect? Hell no; no law is. But it bothers me when 
people ask questions about it that is plainly and clearly answered in the 
text. People complain about too many laws, and then when lawmakers make 
less, they complain about the vagueness or interpretation of the law.

First, let us look at some of the comments, questions and concerns raised by 
you, and then compare it to the document.

One issue raised was why the county should list in the documentation of land 
use FAA and FCC regulations. Well, very simple, for the same reasons that it 
realists state and federal regulations in the documents. I would trust that 
most Farmers and Landowners in general, don't want, or have the time, to go 
looking up every FCC, FAA, OSAH, Animal Rights, or Federal Regulation that 
MIGHT pertain to the use of their land. It is much easier to pick up on 
document and find all the information that you need.

Another ridiculous mention of silliness is if one acre per animal pertains 
to chickens. Why not ask if it pertains to humans, ants, bees, or even eggs 
since many think that an embryo is equivocal to a newborn. Even in this 
simple document, this question is answered by giving a definition of an 
animal in Article II  Section I. An Animal Unit is equal to one cow/calf 
pair. I know chickens can get big in captivity being pumped with steroids, 
but I have never seen one as big as a cow.

"Laws exist regarding animal cruelty and protection of riparian areas. 
Should the county add another layer of bureaucracy?"

Again, should we require all farmers and land owners to research state and 
federal animal cruelty laws, and not give people in the community some 
ability to regulate animal abuse? Or should we give those that choose to 
abuse helpless puppies and starve other animals no excuse to claim 
ignorance? I think this a better to protect animals with a line in the 
ordinance then to ignore them for the prevention of using a time wore cliché 
as “another layer of bureaucracy”?


"I suggest there are laws and mechanisms already on the books that
address these issues, without the need for a clampdown of this
magnitude. I'm curious: can anyone name specific examples of the
dreaded uses listed above? If so, what existing laws and processes
could be brought to bear today?"

This shows a total misunderstanding of what is going on here. They are 
revising these laws. These laws currently exist in the law land ordinance. 
This is a rewrite of those laws. Not having laws that regulate cemeteries, 
animal rights, tower and windmill regulations, dumping of waste, zoning, 
building codes, and the number of commercial buildings is insane, unwise, 
and in violation of State and Federal Laws. This new ordinance is cutting 
the fat, and making the laws as bare boned as possible to give the most 
leeway that we can to our farmers and landowners and, in my humble opinion, 
is the best situation for the county. Most of the complaints that Mr. Saylor 
and others have are because they didn't read the ordinances properly, didn't 
understand it, or didn't comprehend that many of the laws in the ordinance 
are ones that the county cannot change because they are under federal and 
state control, such as windmill heights and tower heights.

This ordinance greatly reduces the number of laws. It is very well written 
and substantially expands the rights of landowners. To have every 
conceivable law and restriction fit in just 82 pages is a very commendable 
feat. The ASUI Student Government has over 200 pages alone of regulations 
and it is written in the same codification format and language as this here 
document. If one were to take out the federal and state laws, or duplicated 
laws, this document could probably be half this size. But don't take my word 
for it, go on line and look at some other county documentation on land use 
lands, they can get to be hundreds, and in many cases thousands of pages 
long.

Further, what I like about this document is that it has a very fair and just 
appeal process in case there is something that needs to be added, changed or 
waived for a landowner or farmer.

I can understand the concern, and fear one might have in adopting a new set 
of rules. However, these are not really new rules, they are just better 
written. Nothing will change from the day to day operations of landowners as 
they currently stand. I think some people are just like spook others and 
forget to realize that at least two members of the Commission are farmers 
and landowners themselves and are fully aware of law, and would do nothing 
to hurt members of their community who are their friends, neighbors, and 
constituents.

Take care,

Donovan J Arnold

PS, Since when have you even had a sheriff or deputy goes out to enforce the 
laws out there anyway? It is not like the county has money to hire people to 
enforce this stuff. If it did, it ought to start with better salaries for 
our law enforcement.