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![handle is hein.sag/sagid0037 and id is 1 raw text is: STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
ATTORNEY GENERAL OPINION NO. 11-1
To: Anne-Marie Kelso
Office of the Prosecuting Attorney
1130 Third Avenue North, # 105
Payette, ID 83661
Per Request for Attorney General's Opinion
QUESTIONS PRESENTED
1. Whether the Oil and Gas Conservation Act, Idaho Code title 47, chapter 3, preempts local
land use planning authority to authorize and regulate oil and gas well locations and
conditions.
2. If the Oil and Gas Conservation Act does not preempt local land use ordinances
completely, what matters remain subject to county planning and zoning authority?
3. What right does a county have with regard to the protection of ground water when
regulating oil and gas exploration?
LEGAL STANDARDS
1. Local Land Use Planning Act
With the enactment of [the Local Land Use Planning Act] in 1975, the legislature intended to
give local governing boards broad powers in the area of planning and zoning. White v. Bannock County
Comm'rs, 139 Idaho 396, 400, 80 P.3d 332, 336 (2003). The stated purpose of the Local Land Use
Planning Act, title 67, chapter 65, Idaho Code, (LLUPA) is to promote the health, safety, and general
welfare of the people of the state of Idaho by, inter alia, ensur[ing] that the important environmental
features of the state and localities are protected, protect[ing] of prime agricultural, forestry, and mining
lands for production of food, fibre, and minerals, ensuring that the development on land is
commensurate with the physical characteristics of the land, protecting fish, wildlife, and recreation
resources, and avoid[ing] undue water and air pollution. Idaho Code § 67-6502.
The LLUPA requires local governments to conduct a comprehensive planning process that,
among other things, analyzes the intrinsic suitability of lands for uses such as agriculture, forestry,
mineral exploration and extraction. Idaho Code § 67-6508. In adopting comprehensive plans, local
governments are required to consider the effect the . . . comprehensive plan would have on the source,
quantity and quality of ground water in the area. Idaho Code § 67-6537(4). Zoning ordinances may
establish standards to regulate and restrict the height, number of stories, size, construction,
P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 210](ViewImageLocal?handle=hein.sag/sagid0037&div=1&collection=&method=preview&ext=.png&size=3)