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Jefferson County adopts private-roads ordinance, grandfathering some vacant lots and setting standards for new private roads

April 22, 2024 | Jefferson County, Idaho


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Jefferson County adopts private-roads ordinance, grandfathering some vacant lots and setting standards for new private roads
Jefferson County commissioners voted to approve a new private-roads ordinance after a lengthy public hearing that drew multiple residents and detailed staff presentations. Planning staff said the ordinance is designed to resolve long-standing problems created by numerous privately maintained roads—225 private-road segments in the county—and to provide a pathway for owners of existing lawful vacant lots to obtain building rights.

Milton, who presented the ordinance, told the board that county GIS work identified 225 private-road lines and about 188 vacant lots that currently prevent owners from building because the private-road access does not meet county standards. He described the ordinance's key features: deeming lawfully created vacant lots on existing private roads prior to the ordinance date to be conforming, allowing a "modification" (a lighter standard than a variance) to enable building in certain circumstances, and adopting Appendix D's road-turnaround and access criteria as guidance for private-road construction.

Several members of the public spoke in favor of grandfathering existing lots and preserving property rights. John Burton urged the commissioners not to "take away people's rights," saying the Planning & Zoning Commission had addressed the language and public comments. Other speakers supporting the grandfathering language included Jed Louder, Darren Simmons and Sam Holz. Opponents, including Jim Newton and Jeff Metcalfe, argued the draft was too strict in places (for example, a 60-foot easement standard and required turnarounds) and said the neighbor-consent requirement for some modifications could be burdensome.

Planning staff and commissioners discussed clarifications on who must sign letters for modifications (the transcript record shows staff adjusted wording to require notice by owners who actually use the private road for access, rather than all adjacent property owners). Staff and the board emphasized the ordinance is intended to create a path for building rights on existing lawful lots while setting minimum standards for new private roads to preserve connectivity and emergency access.

The board moved into deliberations after public testimony, adopted some on-the-record clarifications to the language, and approved the ordinance by roll call. Planning staff noted the Planning & Zoning Commission had recommended the ordinance by a 3'to'2 vote. The board directed staff to finalize the drafting edits discussed on the record and to publish the amended ordinance text.

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