SB 1062: Planning and Zoning and State Lands — 2025

Senator Van Burtenshaw (R-Terreton) introduced Senate Bill 1062, which requires commercial leases on state lands to comply with local county planning and zoning requirements. The bill also requires public disclosure of revenues associated with state lands leases. SB1062 stems from concerns around commercial camping leases awarded on state lands in the Island Park area near Yellowstone, which allegedly included installation of a septic system without any review by the county, along with other concerning impacts.

This bill specifically would establish:

1. The State Land Board shall provide notice to the affected county commissioners when a lease is executed involving state land,
2. All leases, permits and other types of land use authorizations for commercial purposes will now include a provision that requires compliance with local ordinances, consistent with the law, and
3. Revenues generated from commercial leases are not exempt from public disclosure.

As it relates to zoning compliance for state endowment lands, the Idaho Supreme Court established in Blaine County v. State (2003) that compliance is required for commercial endeavors. “The term “commercial purposes” means industrial enterprises, retail outlets, business and professional office buildings, hospitality enterprises, commercial recreational activities, multifamily residential developments, and other similar businesses. For purposes of this section, agricultural leases, grazing leases, oil and gas leases, mineral leases, geothermal leases and single family, recreational cottage site and homesite leases are not considered leases for commercial purposes.”