Teton Realty Blog

How are Mortgage Interest Rates Determined?

September 26, 2022 By Tayson Rockefeller Leave a Comment

If you read the same news articles I do, they are filled with terms like basis point increases by the Fed (the Federal Reserve), the MBS market, inflation, treasury bond yields, blah, blah, blah. What does it all mean, and how does it affect mortgage interest rates?

Disclaimer: I didn’t even get through college, like hardly. Take this with a grain of salt, but I had to try to make sense of this in my own mind, and wanted to share that journey with you.

Micro
In the loan world, interest rates are affected by a number of internal factors. These include whether the loan is a government loan (ie FHA, VA or USDA), if it’s a primary home mortgage (people tend to default less with respect to their primary home), the equity or down payment amount, credit scores and property types.

Macro
From 30,000 feet, there’s a lot more going on. This is where you’re going to hear about “the Fed”, Treasury Bonds and the MBS Market, aka the Mortgage Backed Securities market.

The Fed
The Federal Reserve does not set mortgage interest rates. However, and despite a number of direct factors that determine mortgage interest rates, there is a strong correlation between the two when comparing the Federal Reserve’s rates with mortgage interest rates. The Federal Reserve meets about every 6 weeks to look at economic factors, primarily making sure that prices are stable and inflation is low, as well as the strength of the jobs market. Their primary goal when adjusting rates is to control inflation. The Fed’s rate was lowered to almost zero at the beginning of the 2020 pandemic to stimulate the economy. Now, the Fed is reacting (as opposed to being proactive, another discussion) by raising the rate to make borrowing more expensive and therefore cooling down the economy by reducing spending and thus inflation. Regardless, the Fed’s rate will directly affect other consumer loans like auto loans and credit cards.

Treasury Bond Rates
Government bonds are usually considered very safe investments issued by and backed by the National government to support government spending. Mortgage rates are more closely tied to Treasury Bond rates (T-Bonds if ya want to sound cool), usually issued with a maturity date between 10 and 30 years. They pay interest to the investor until the bond matures. When bond interest rates are high, the bond is considered less valuable in the secondary market as it is paying out more in interest. This causes mortgage lenders to lower rates and vice versa. A bond’s yield refers to the return on investment for the purchaser of the bond.

(Unrelated), for those of you that want to go down this rabbit hole, here’s a quote from Investopedia on yield curves, something we talk about when predicting recessions;
A yield curve inverts when long-term interest rates drop below short-term rates, indicating that investors are moving money away from short-term bonds and into long-term ones. This suggests that the market as a whole is becoming more pessimistic about the economic prospects for the near future.

Mortgage-Backed Securities (MBS)
Mortgage-backed securities are kind of like a bond that is made up of a bundle of home loans. These pools of loans can be millions or even billions of dollars worth of home loans. Essentially, Local Bank sells your loan to>Larger Bank for the original cost of the loan, (so they can get their capital back to make more loans) and they usually make their profit with a small loan fee paid by the borrower. Larger Bank sells your loan and many others to>A Corporation (or more likely Fannie Mae or Freddie Mac) for a small portion of the interest paid by you, and the other loans. They then sell shares to shareholders for a small portion of the interest. The banks get their Capital back to make new loans and everyone makes money, assuming none of the loans are paid off and none default, but that’s built into the overall investment analysis for the shareholders. Anyway… As the demand for mortgage bonds increase, Fannie and Freddie can also demand a higher price with a lower yield to shareholders. As the demand decreases, they have to reduce the price and offer a larger yield. More simply, when MBS prices drop, lenders rise their interest rates to compensate. Inversely, the more MBSs investors buy, the lower the rates drop. Here again, the MBS market is largely influenced by The Fed raising rates.

Conclusion
So… How are mortgage interest rates determined in Teton Valley? (<— gotta add some SEO here) My best (and totally crude and heavily opinionated conclusion) is that they are influenced by the supply and demand of bonds like Treasury Bonds and Mortgage Backed Securities, which are in-turn influenced by the Federal Reserve and it’s rate, intended to keep the inflation rate in check, the housing market in check, and the jobs market in the best position possible.

Helpful Resources:
The Fed:
Here’s a great video explaining this process in more detail.
https://youtu.be/AkMsMDk_brU
MBS
Here’s the video from Concerning Reality that does a great job explaining mortgage-backed securities: https://youtu.be/feDw649zekw
And another from First Integrity Mortgage: https://youtu.be/JRvSDV-C33w
Treasury Bonds
Here’s another video, this one does a good job explaining Treasury Bonds.
https://youtu.be/P2tpRnDO_U0

NEW ZONING AND LAND DEVELOPMENT CODE | PART II, ZONING DISTRICTS (TETON COUNTY, ID)

September 13, 2022 By Tayson Rockefeller Leave a Comment

Usual Disclaimer; this is MY interpretation of Teton County’s new code. You can find a complete version of the code HERE. Information should always be confirmed with Teton County, Idaho.

As outlined in the first part of my series breaking down the 2022 code, there are 7 zoning types in the unincorporated areas of Teton County, Idaho. Below is a breakdown with differences in each. This does not include the City Limits of Driggs, Victor or Tetonia, or their respective areas of impact.

AREAS OF IMPACT
The Areas of Impact around each city constitute their own zoning districts. However, they are under the jurisdiction of Teton County. Land use and regulations in these areas may be negotiated with each respective city. These are areas of potential annexation into the cities. Although these areas are identified on the new zoning map, we have yet to see details and negotiations between the county and city in these areas. For now, we’ll leave this for another discussion.

AVERAGE DENSITY REFRESHER
As I work through each of the 7 new zones, I’m going to be referring to average density. Remember, this is something (essentially terminology) that the county is pushing as opposed to minimum lot sizes. Essentially, if you had a 40 acre parcel in a 10 acre zone, you could either have four 10 acre parcels, or you could have a cluster of smaller parcels and a larger parcel. In other words, just because you are in a 10 acres zone does not mean that you are required to have 10 acre parcels. In fact, every new zone in the county has a 1 acre minimum lot size. This is all in reference to subdividing land, and we’ll get into that more in another article.

NOTE ABOUT CC&Rs: As I describe the County requirements in each zone, remember that this is a county regulation, not necessarily a subdivision regulation. If you are in a zone with a 30 ft Building height limitation and you are in a subdivision with a 24-foot height limitation, you are still limited to the 24 ft per the subdivision covenants and restrictions.

REFERENCE: The use table for each zone located on page 22 of the Land Development Code.

BREAKING DOWN EACH ZONE

IR, INDUSTRIAL RESEARCH
Minimum lot size: 1 Acre
Minimum lot width: 70′
Minimum front and side setbacks: 10′
Minimum rear setback: 10′
Maximum Building height: 45′ (60′ for agricultural buildings)
Average density requirement: None

Teton County’s description: The Industrial/Research (IR) Zone is intended to accommodate manufacturing, light industrial, office, and research uses with limited accessory residential uses. Most of these areas have low visibility from the highways and tourist centers and are currently undeveloped with some utility services available. Accessory retail and wholesale commercial uses are allowed in the IR Zone, as well as higher impact manufacturing and industrial uses with buffering and other impact mitigating measures as defined in Chapter 3, Use Provisions.

Tayson’s Comments: The industrial research zone is fairly straightforward. Uses like vehicle service and repair and warehouse storage are obviously permitted. Uses that are not permitted include cemeteries, lodges, hospitals, places of worship, a bed and breakfast, daycare, equestrian centers or special event facilities.

An accessory dwelling unit (ADU) that is attached to the main structure is allowed with some limitations, this is an important element to remember when researching something in the industrial zone. Because both main industrial zones are already in subdivisions in Teton County, keep in mind that you would need to review the covenants and restrictions for each development in addition to the standards. Teton county’s definition in section 3-9-2 for an attached accessory dwelling unit states that only one hey do you is allowed per parcel, two parking spaces shall be provided, there’s a maximum size of $1,500 ft and the applicant must provide verification of wastewater treatment.

I’ll get into short-term rentals in another section of the code breakdown, but short-term rentals are not allowed in the industrial zone whereas they are allowed in every other zone in Teton County.

RN-5, RURAL NEIGHBORHOOD
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)

Teton County’s description: The Rural Neighborhood (RN-5) Zone is intended to accommodate primarily residential uses at an average density not exceeding one (1) lot per five (5) acres. RN-5 serves as a transitional zone between the Areas of City Impact and rural areas. This zone is intended to serve as a receiving area in a potential Transfer of Development Rights program wherein gross density of one (1) lot per two and a half (2.5) acres would be allowed with the appropriate density credits. Projects in the RN-5 Zone that propose clustered development shall identify areas within the project that are designated as unbuildable open space. The priorities for open space in the RN-5 District include riparian areas, significant areas of native vegetation, important wildlife habitat, and areas for community parks.

Tayson’s Interpretation: The Rural Neighborhood zone offers the highest available density in the unincorporated areas of Teton County with an average maximum density of 5 Acres. Obviously primary dwelling units, outbuildings, attached or detached accessory dwelling units are allowed in this zone as well as home businesses with other conditional uses are also considered.

FH-10, FOOTHILLS
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)

Teton County’s description: The Foothills (FH-10) Zone District is intended to ensure development is in harmony with mountainous and hilly settings that are at higher risk to wildfire and notable for wildlife values. FH-10 serves to provide limited residential development with an average density not to exceed one (1) lot per ten (10) acres in the foothills of the Western, Southern, and lower elevation Northeastern portions of the valley. The intent for development in the FH10 is to maintain public access to state and federal lands; discourage scattered hillside development that requires remote roads and infrastructure; follow best practices to help prevent wildfires and minimize threats to life and property when wildfires do occur in the fire prone wildland interface; protect steep slopes; and preserve critical wildlife habitats such as wildlife migration linkage areas at the forest edge, and to protect native vegetation and scenic views of the foothills from the valley floor.

Tayson’s Interpretation: As apparent in the description, the Foothills section was created with wildlife and wildfires in mind to minimize threats in these wooded areas. Here again, obviously, a primary dwelling unit is allowed as well as an attached ADU, with limited use available for a detached ADU. The two Foothills zones are the only zones aside from the industrial zone where detached guest houses are not expressly permitted. The used table does provide for a limited use with respect to detached guest houses which requires planning administrator approval subject to specific use and dimensional standards.

FH-20, FOOTHILLS PRIORITY PROTECTION
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)

Teton County’s description: The Foothills Priority Protection (FH-20) Zone District is intended to ensure development is in harmony with mountainous and hilly settings that are at higher risk to wildfire and are of high priority for protection of known wildlife values. FH-20 serves to provide limited residential development with an average density not to exceed one (1) lot per twenty (20) acres in the higher elevation foothills of the Northeastern portion of the valley. The intent for development in the FH-20 is to maintain public access to state and federal lands; discourage scattered hillside development that requires remote roads and infrastructure; follow best practices to help prevent wildfires and minimize threats to life and property when wildfires do occur in the fire prone wildland interface; protect steep slopes; and preserve critical wildlife habitats such as wildlife migration linkage areas at the forest edge, and to protect native vegetation and scenic views of the foothills from the valley floor.

Tayson’s Interpretation: The Foothills priority protection zone is more or less the same as the Foothills zone with a few slight changes. The primary difference is obviously the density with a 20 acre minimum average density as opposed to 10 in the Foothills zone, but there are some considerations for access to public lands, and the use table provides for a few small differences including no limited use for an agricultural auction facility, no limited use for a garden center, more use options for a dude ranch, no special use consideration for vehicle service and repair, and no allowance for any form of wireless communication tower. The same rules apply with respect to detached ADUs and this zone with a limitation on use and a requirement for Planning Administrator approval.

RR-20, RURAL RESIDENTIAL
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)

Teton County’s description: The Rural Residential Zone (known as Mixed Agriculture/Rural Neighborhood in the comprehensive plan) is established to allow residential development with an average density not to exceed one (1) lot per twenty (20) acres near the incorporated areas while maintaining the rural atmosphere of Teton County. RR-20 serves to provide a place in the County where residential dwellings may be interspersed with agricultural uses and provide opportunities for residents to have gardens, farm animals, and livestock. The intent of the RR-20 is to keep land in agricultural production, preserve open space, and protect native vegetation, riparian areas, and critical wildlife habitat.

Tayson’s Interpretation: The rural residential zone is essentially an in-between zone from the rural neighborhood to the rural agriculture zones with very similar use requirements. In addition to your primary residence, detached ADUs or guest houses are permitted.

RA-35, RURAL AGRICULTURE
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)
Teton County’s description: The Rural Agriculture (RA-35) Zone is established to provide areas primarily used for agricultural purposes and very low density residential with an average density not to exceed one (1) lot per thirty-five (35) acres. The intent of RA-35 zoning is to provide locations for the cultivation of crops, the raising and keeping of livestock, and other related agricultural uses. The RA-35 zone district also serves to nurture wildlife habitats and preserve the beauty of the rural agricultural lands in Teton County by utilizing clustered development designs. It also provides the opportunity to use average residential density to establish smaller residential lots for family use or development while preserving agricultural lands.

Tayson’s Interpretation: The real agricultural zone is somewhat self-explanatory. It has a minimum density requirement of 35 Acres with the intent to leave room for agriculture, raising livestock, etc. The county would like to promote clustered residential areas in this zone to keep these wide open spaces… wide open.

The uses in this zone are fairly broad with limitations on some items that you find available in the rural neighborhood zones such as vehicle and equipment sales with a limited use option, but with more allowable uses that might conform to larger spaces such as consideration for an outdoor University, permitted uses for a riding academy/equestrian center, etc. Both attached and detached ADUs are allowed.

LA-35, LOWLAND AGRICULTURE
Minimum lot size: 1 Acre
Minimum lot width: 100′
Minimum front and side setbacks: 30′
Minimum rear setback: 40′
Maximum Building height: 30′ (60′ for agricultural buildings)
Average density requirement: 5 Acres (avg density)

Teton County’s description: The Lowland Agriculture (LA-35) zone district (known as Mixed Agriculture/Wetland in the comprehensive plan) allows an average density not to exceed one (1) lot per thirty-five (35) acres. It includes areas where development may be limited due to the remoteness of services, topography, jurisdictional wetlands, floodplains, and other sensitive environmental issues. These areas have seasonally important wildlife resources, are predominately rangeland and agriculture land, and have high scenic qualities. The intent of the LA-35 zone is to maintain undeveloped floodplains, protect homes from the risk of flooding, protect water quality from the impacts of development, and protect native vegetation and critical wildlife habitat.

Tayson’s Interpretation: The lowland agricultural zone is more or less similar to the rural agricultural zone with a few limitations that make sense to protect wildlife and other considerations in these areas. An example might include a limitation on employee housing in this zone, that is allowed with a special use approval in the rural agricultural zone. Here again, both attached and detached ADUs are allowed.

Short Term Rental Companies & Fees

August 26, 2022 By Tayson Rockefeller Leave a Comment

While I don’t always admit it, PART of my motivation for writing these articles is to provide a resource that is available 24/7, so I don’t have to be. In addition, articulating the information in this video when selling my services (yes, I do property management – albeit indirectly – as well) feels awkward. In any event, Teton Valley is seeing a number of property management firms popping up, and they all do a great job. However, some of them sell their services on a much lower fee, whether or not that is a tactic for business or not. This video is not directed at specific firms, but should help level the playing field when considering your options. Enjoy!

NEW ZONING AND LAND DEVELOPMENT CODE | PART I, ZONING OVERVIEW (TETON COUNTY, ID)

August 3, 2022 By Tayson Rockefeller Leave a Comment

For those of you that take the time to read my blog (thank you) you know that I try to make the information relevant to the region. I will begin trickling blog posts in with information on the new zoning and land development code impacting the unincorporated areas passed July 6th, 2022. I will include a “2022 Teton County, ID Code” blog category which you can find in “THE BLOG” section, above. I am going to begin with an overview of the zoning changes which I felt I could better explain in a video, below. Enjoy, and stay tuned for articles to follow breaking down the 2022 Land Development Code for Teton County, Idaho.

The Board of County Commissioners adopted a new Land Development Code on Wednesday, July 6, 2022. It will become effective on August 3, 2022, after it has been noticed in the local newspaper for two weeks. Note: New City Area of Impact (AOI) zoning will soon be renegotiated between city and County governments. Victor and Tetonia AOIs remain as County 2.5-acre minimum lot size in the meantime. The Driggs AOI retains its own unique zoning scheme until the zoning is renegotiated.

TETON COUNTY, IDAHO ZONING ANNOUNCEMENT

TETON COUNTY, IDAHO LAND DEVELOPMENT CODE ANNOUNCEMENT

New Land Development Code in Effect August 3rd, 2022Land Development Code*All complete applications submitted by August 2nd, 2022 will be reviewed under Title 8 and Title 9 current regulations*
Frequently Asked Questions:

Can the new county code be adopted by the voters of Teton County, Idaho?

Zoning ordinances are not able to be adopted by initiative. I.C. §34-1801B(22) states that the broadly constructed individual right to petition via initiative and referendum simply, “does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67. This was established in 2018 with the passage of House Bill No. 568 which amended the states initiative and referendum procedures to prohibit voter approval of local zoning legislation or any actions authorized by LLUPA. This includes comprehensive plans, zoning ordinances, subdivision ordinances, variances, and conditional use permits.

“When will the new Code take effect?”

The new Teton County Land Development Code will take effect when adopted by the Board of County Commissioners. This is expected to occur in 2022 after the final public hearing and review.

“Does this Code change development standards for the entire valley?”

It does not.

Teton County contains seven different land planning jurisdictions—the three cities of Victor, Driggs and Tetonia, the three doughnut-shaped areas of impact (AOI’s) that surround each city, and the unincorporated county beyond the AOI’s. The new Teton County Land Development Code will only govern development in the seventh jurisdiction—the unincorporated rural parts of the county outside of the cities’ areas of impact.

The cities of Driggs, Tetonia and Victor will remain as high-density areas of development under their respective individual development ordinances. The three areas of impact surrounding each city will remain under the control of individual AOI agreements negotiated between each city and the county. They are intended to contain transitional zoning with densities that are lower than the cities but higher than the rural county.

“Will the Code make existing landowners comply with new standards?” Existing buildings and development will not be affected by the new draft Code. They will be allowed to continue as “nonconforming uses.” Existing lots that don’t comply with new density assignments will be allowed to be developed per their original entitlements. The new LDC only regulates new land division proposals and establishes minimal regulation of short-term rentals.

Nonconforming structures: If structures become non-conforming, it only means they are not up to code. Most old structures of any age fall into this category each year, as the International Building Code gets updated every three years or a land development code gets changed over time.

Teton County Land Development Code Update | Executive Summary of Changes 4

With any new Land Development Code that gets adopted, it applies only to new construction projects and new developments. What is already built, subdivided and existing now is not affected by new density requirements, fencing requirements, height limits or view corridor requirements. No one will ever be asked to tear down or replace existing structures by a governing body.

“I heard the Scenic View Corridor set back was 1000 feet!”

Regarding scenic view corridors, the set back is not 1000 feet along the highway. The initial sentence in the draft pertains to the definition of a view. The draft ordinance originates from state law.

The LDC draft has two types of scenic corridor protections: type 1 and type 2. Both have design review provisions for development that occurs within 500 feet. There are options for new applicants within that 500’ distance for graduated increases in height limits as the home location steps back from the right of way.

“How will the new Code affect my home business?”

Small home businesses in residential zones have become less restricted in the draft LDC. What was a four page section of restrictions in the old code, is now just one page. A business sign is now allowed with a permit for starters.

The restrictions, for example, on deliveries of ten per day, sets a limit of what neighbors could be impacted by from small businesses in their residential zone. The use standards for home business are listed in 3-9- 6 of the proposed LDC.

Any home business with traffic and high levels of activity in one form or another that has outgrown a home business may be classed as light home industrial. If at any point the home business or home industry exceeds the standards for a residential zone, it needs to relocate to a commercially zoned parcel.

“How will the new Code affect my short-term rental?”

Because of the rapid unregulated spread of short-term rentals throughout the county, and since Idaho Statute allows for a county or city to implement “reasonable regulations….to safeguard the public health, safety and general welfare,” the new Teton County code does establish standards for parking, limits the ensures that the allowed numbers of occupants are appropriate for the septic size, establishes quiet hours, and sets other basic civil standards. The new draft Code additionally establishes requirements for trash storage, smoke detectors, etc.

Short-term rentals will be required to obtain a Short-Term Rental Registration (Permit) with the Planning Department to verify that use standards have been met prior to the use being approved. A building inspection may be performed prior to permit issuance. A permit will identify the owner of the property and their contact information. Property management contact information, if applicable, will also be listed.

The permit requires notification of the neighbors in each direction that may be impacted by the new rental activity. Having proof of emails or letters that notify neighbors 30 days prior to the start of rental activity is the new requirement in the LDC.

Property owners and managers that follow these guidelines will reduce the number of problems for neighborhoods throughout the valley.

Teton County Land Development Code Update | Executive Summary of Changes 5

“Why change the zoning districts?”

Teton County’s existing Zoning Map identifies basically two zone densities in the unincorporated parts of the valley—A-20 and A/R-2.5. These zones were established in the early 1990’s, were largely self-assigned by property owners, were not based on a comprehensive plan, and only vaguely reflect the valley’s actual land use patterns and landforms. In contrast, the Comprehensive Plan’s Framework Map identifies six zones which have been delineated according to actual topography and existing settlement patterns. These include Rural Agriculture, Rural Neighborhood, Foothills, Mixed Ag/Rural Neighborhood, Mixed Ag/Wetland, and Industrial/Research.

“Why change density assignments?”

The Comprehensive Plan calls for changes in how lands may be divided in each zone, including revised densities. In response, the Steering Committee, the Planning and Zoning Commissioners, and the Board of County Commissioners have worked out a new set of densities to better reflect the needs of the Coutny and the Comprehensive Plan: Rural Agriculture- 35-acre, Mixed Ag/Wetland-35-acre, Mixed Ag/Rural Neighborhood-20 acre, Foothills-10-acre, Foothills- 20-acre, Rural Neighborhood-7.5 acre, and Industrial/Research.

Update: In subsequent editing by the P&Z Commission, Rural Agriculture zoning was revised to 35-acre zoning and Mixed Ag/Rural Neighborhood was revised to 7.5-acre zoning.

The current valley-wide basic densities of 2.5 acres and 20 acres offer little choice and are relatively small in size for a rural community. 20-acre zoning is simply too small for most agricultural purposes and does little to protect meaningful open space. Other comparable mountain communities around the Rockies offer both a wider range of assigned densities, and far lower density limits (with corresponding higher acreage numbers).

“Why switch to average density zoning?”

For the most part, the LDC Steering Committee proposed to get rid of minimum lot size requirements in favor of using average density as the guiding principle in how many lots can be created in a subdivision (a 1-acre minimum lot size is planned to remain in all zones to accommodate fundamental well-septic separation requirements). By definition, this would allow clustering by right. This change represents a major shift in land development policy for the county. It is absolutely intended to help families get the additional lots they desire and keep quality farmland and families together. It is a win for everyone.

Average density zoning provides greater flexibility for property owners and developers, while allowing the community to reach many of its most important goals from the Comp Plan. An enormous advantage of average density zoning is that rather than having all the land in the parcel incorporated into lots, any land leftover could either be put into a conservation easement, deeded to a homeowners’ association, left as a working farm or otherwise utilized in a similar manner.

“Can I split off a small piece of land to give/sell to one of my family members? How?” Two methods are available to larger landowners to achieve this goal. The first is to simply utilize the average density zoning method just described in the previous answer. The second is to utilize a short plat land division to divide acreage into up to four parcels.

Teton County Land Development Code Update | Executive Summary of Changes 6

“How does the new Code help protect wildlife and natural resources as highlighted in the Comp Plan?”

All development proposed within wildlife habitat as identified on the Teton County Natural Resource Overlay Map will be subject to Site Plan review to ensure that the location of proposed development or use avoids or mitigates impacts to indicator species and indicator habitats to the extent practical. The location of proposed development will reduce fragmentation of habitat, avoid locations that affect landscape elements such as unique rock formations, sheltered draws, drainage ways, or other features, maintain connectivity among habitats, and protect sensitive fish and wildlife breeding areas and winter ranges.

If impacts cannot be avoided, the lost habitat will be required to be mitigated by replacing it with similar vegetation communities at a one to one (1:1) ratio. The replacement ratio must be higher within a half mile of riparian areas and equal a two-to-one (2:1) ratio. Perimeter fencing will need to be wildlife friendly—this requirement does not apply to privacy fencing used to enclose the living space immediately adjacent to a Dwelling Unit.

If a subdivision proposal falls within the natural resource overlays, the Administrator, Planning Commissioners or BoCC may ask for a more detailed Natural Resource Analysis.

“How is the Code different from the Comprehensive Plan?”

Both a Comprehensive Plan and a Land Development Code are required by state statutes contained in Idaho’s Local Land Use Planning Act. The Comprehensive Plan is a conceptual document outlining the community’s vision and goals. In Teton County’s case, our Comprehensive Plan was adopted by a BoCC resolution in 2012. The Code is then supposed to be built from the Comprehensive Plan’s outline into a working set of ordinances.

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