zoning Archives - Teton Realty Blog

Reviewing the Code – A Summary of Considerations when Buying Land in Teton County

August 13, 2024 By Tayson Rockefeller Leave a Comment

As a quick note prior to diving in, this article applies to the unincorporated areas of Teton County. The City limits of Driggs, Victor and Tetonia have their own Land Use/Development Code. Much of this was covered in Part III of my review of Teton County’s newest (2022) Land Development Code article, but I wanted to take some time to quickly highlight some of the things to watch out for when looking at undeveloped land as an investment and for future development – keeping in mind that these code requirements are obviously subject to change. We seem to be through a good portion of code revisions, and there also seems to be some more solid direction from Teton County with respect to these processes.

Zoning
There are several zoning types in Teton County, Idaho, and it is important to understand that each have their own special requirements for development or splitting property, and each have specific uses. While residential use (building a home) is generally permitted on all parcels and zoning types, it is also important to know that properties that were split illegally such as deed splits without a subdivision process after June 14th, 1999 may not have building rights. Similarly, properties that were split by way of an agricultural split may not have property rights. Much of this information can be verified with Teton County via a “Zoning Verification Request” which does come with a cost (currently $150) but this would generally be less of a concern with any property that is in a platted development. You can read my article on the different zoning types, here.

Flood Hazard
This one is still a bit tricky as FEMA has not completed the draft floodplain Maps. In either case, if a property, be it under the existing floodplain map or the future implemented map, Falls within these areas, the county will require elevation certificates before, during and after the build to make sure that the floor system of the home is above the base flood elevation requirements. Additionally, it should be considered whether flood insurance will be required, regardless of the project elevation upon completion even if the county is satisfied.

Wetland
I just wrote an article on wetland, it can be found, here. For parcels that require a wetland delineation (despite my disagreement with this) the county would prefer that the entire parcel be delineated to provide a holistic overview of the parcel, and to better tie in with Wildlife Analyses, if required.

Natural Resource Overlay (NRO)
Teton County is working on a new draft overlay of Teton County’s natural resources which expands most of the historic wildlife overlays. This one was enough for me to wrap my head around, but basically, if a parcel has an overlay where the site is intended to be improved, a shorthand wildlife analysis is required. This includes maps that show the existing boundaries of the applicable overlay, and some reasonable expertise for a development plan. At the time of this writing, I was told by Teton County that no specific qualifications were needed for this shorthand version of a wildlife analysis, otherwise known as an Abbreviated Wildlife Habitat Analysis (A-WHA). For more in-depth projects such as Land Development, subdividing and so forth, far more extensive analyses may be required which would constitute a full Wildlife Habitat Analysis (WHA). I am linking the policy here, but keep in mind that this is subject to change. Properties that have designated building in the lowest may not require Wildlife Habitat Analyses, even if the NRO layer encompasses all or a portion of the predetermined building envelope.

Hillside Overlay
Certain areas of the Teton Valley are encompassed by a “Hillside Overlay”. Obviously, most of these areas are going to be in areas with steeper terrain, and may have special requirements. In extreme cases, development may not be possible under the current code. This should be considered for accessing parcels in these areas as well as site planning for construction.

Scenic Corridor Overlay
The scenic Corridor overlay encompasses approximately 500 ft from State Highway 31, 32 and 33 as well as Ski Hill Road. Areas that fall within this overlay may have specific height limitations. However, the county code has an amendment in the works to allow variances without a public hearing (which is currently required) if a visual site analysis (what the project may look like from the road) is provided and it is concluded that it is not obtrusive. They are also some additional requirements with respect to design, which could include architectural styles, colors, and so forth. Special landscaping requirements may be implemented as well, which could include berms, trees, screening, etc.

There are several other overlays that, while they may not have any specific impact on one’s ability to improve a parcel, may be considered. Examples include the bear conflict Zone which requires bear proof trash cans, wildlife hazards, and even an understanding of roads that may not be maintained in the winter months, or maintained by the county at all. Other layers and restrictions still exist which obviously include subdivision restrictions, County setbacks and other code requirements including driveway lengths and a variety of other Land Development Code policies.

What is going on with the potential County Zone and Code changes?

March 9, 2020 By Tayson Rockefeller Leave a Comment

The county is currently working through a land development code update. They have drafted an initial code, and are currently in the stages of the public review and comment for the draft code. There are some big proposed changes, but what do they mean?

Teton County’s comprehensive plan, zoning, land use and development codes can be a lot to understand. I often have to find ways to articulate information and provide data in an efficient way without being overbearing, similar to situations when I am working with a first-time home buyer. I’m going to try to explain the new proposed zoning changes in this article, saving the development and code changes for another day.

WHAT IS IT NOW?

The County (not City limits) is currently made up of two main types of zoning, A-2.5 and A-20 zones. Most of the areas South of Victor and North or East of State Highway 33 are A-2.5, and most everything else (save for a few areas along the foothills) is A-20. It’s roughly 50-50. What does that mean? It’s pretty simple. A-2.5 has a minimum density requirement of one house & guest house per 2.5 acres, and A-20 is 20 acres. There are a few other zoning categories, mostly related to industrial and commercial use.

WHAT IS PROPOSED?

Aside from the commercial zones, there are five new zoning types proposed. Keeping in mind that the number represents the minimum density requirement per residence, they are as follows: A “Rural Agriculture” 35 acre zone replaces most of what used to be the A-20. A second 35 acre “Wetland” zone is similar, presumably with stricter development guidelines due to its location within wetland areas, mostly in the watershed East of the Teton River. A “Foothill” 10-acre zone encompasses most of the surrounding foothills, which would take the place of the previous 2.5 acres zone in many areas. A rural neighborhood 20 acres zone is built around the areas East of Driggs to accommodate future development, and finally, the highest density zone is a “Rural Neighborhood” 5 acre zone that would encompass the Fox Creek area between Victor and Driggs and the Hastings Lane are between Driggs and Tetonia, both mostly limited to areas East of State Highway 33.

WHAT DOES IT MEAN? This is largely up to interpretation and debate. Unfortunately, it will likely turn into a political debate, but that’s not my purpose here. My interpretation is that it is clear that the density requirements are going to go WAY down. In other words, there will be fewer homes per acre. It will likely decrease the supply of land over time, and increase demand. In theory, this could increase property values in the distant future as existing land is absorbed. At the same token, it will make it challenging for newcomers to the area looking for affordable land. As a property owner, I see both the upside and downside. I do not own any large farm tracts so I am not affected by land development challenges. I also feel that many of our building sites are more affordable than they should be, considering the recreational market status of our community. However, that is mostly attributed to the perception of oversupply (and construction costs), which I have discussed in previous articles, and will discuss further in future ones.

Teton County Zoning, what you need to know

August 1, 2018 By Tayson Rockefeller Leave a Comment

Oftentimes I receive questions from prospective buyers, (sometimes sellers) as to what they can do with their property, or perhaps how they can advertise their property. When it comes to the city municipalities, they have their own set of zoning regulations and Zoning Maps such as the cities of Driggs and Victor. Each Zone has its own set of code requirements, and you can navigate this information relatively easy on each city’s respective website. The cities, however, take up a very small portion of the usable land in Teton County. The vast majority of private land is in the county itself.

At first glance, the county has only a few zones when compared with Driggs or Victor. In a nutshell, these are agriculture, commercial, manufacturing, public lands and the city areas of impact. Of this acreage, only a very small amount of the county contains commercial or manufacturing zoning, the vast majority is agriculture, with 2.5 to 20 acre density requirements. As long as there isn’t anything abnormal going on, you can subdivide acreage through the formal subdivision process in these areas as long as the finished product meets the density requirement in that zone. Each parcel can then have a house and a guest house, as well as a well and septic system, assuming it meets Department of Health requirements. Each parcel can water up to 1/2 acre per Idaho’s water regulations.

Teton County Zoning Map

So, the question is, and the point of this article, can you do anything on your agricultural zoned property other than a single family residence with guest house (or of course agriculture)?

The answer is yes, as long as you conform to the land use requirements in the county. In a sense, the name of the zoning is a bit deceiving. It leads most to believe that only agriculture is allowed, and some even question the ability to have a home. Since we talked about that above, let’s talk about some of the other allowed, or allowable uses.

The County’s existing land use regulations are split into three categories. They are:

Permitted by Right
Permitted with Conditions
Permitted with Conditional Use

In a nutshell, if you are trying to do something that is permitted by right, you don’t have to ask in most cases. If it is permitted with conditions, obviously you need to make sure that the conditions are met, and the same rules apply. If it is permitted with a conditional-use permit, there are special requirements that vary based on the nature of whatever it is you are trying to do. Some interesting ones; a home daycare is permitted for up to 6 children, and 7 to 10 children is permitted with conditions. An aviation field is permitted in agricultural zones with a conditional-use permit. A church, or place of worship can be permitted with a conditional-use permit. The list goes on.

Many sectors of retail, manufacturing, and even some residential types are still limited to commercially zoned areas such as convenience stores, bakeries, bars, beauty shops, golf courses, grocery stores, hotels, restaurants – you get the idea. In a way this makes sense, and most of these services would make more sense located within city limits anyway.

You can find the County’s land use Matrix table beginning on page 29 of title 8 of the Teton Valley code, zoning regulations. That link is below.

Teton Valley Code (see Chapter 8)

Recent Testimonials