204022 ORDINANCE NO. 118 AN ORDINANCE OF NEZ PERCE COUNTY AMENDING AND ENACTING IN TITLE 114, SUBPART B - OF THE NEZ PERCE COUNTY LAND DEVELOPMENT CODE, AND FURTHER PROVIDING FOR AN EFFECTIVE DATE. TITLE 114 - AGRICULTURAL PROTECTION AREAS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF NEZ PERCE COUNTY, IDAHO: CHAPTER 114.01. - AGRICULTURAL PROTECTION AREA COMMISSION Sec. 114.01.010. - Title. This chapter shall be known as the "Nez Perce County Agricultural Protection Area Commission Creation Ordinance." Sec. 114.01.020. - Creation of the agricultural protection area commission. The agricultural protection area commission shall consist of 3 or 5 members serving without pay. They shall be appointed by the chairperson of the board of county commissioners and confirmed by a majority vote of the board of county commissioners. The members must be actively employed by or supporting production agriculture in the county, which members may include representatives from the local soil and water conservation district board of supervisors, the local cattlemen's association board, the county farm bureau board, an irrigation district or water user's association board, or a grower commodity association or commission board. Members shall be selected without respect to political affiliation, and may receive such mileage and per diem compensation as provided by the board of county commissioners. Sec. 114.01.030. - Terms of appointment. The terms of agricultural protection area commissioners shall be 3 years. Initial terms of appointment for three members shall be as follows: one position for one year, one position for two years, and one position for three years. Initial terms of appointment for five members shall be as follows: one position for one year, two positions for two years, and two positions for three years. Vacancies occurring for any reason other than expiration of the term shall be filled in the same manner as the original appointment, for the unexpired portion of the term. Members may be removed for cause by a majority vote of the board of county commissioners. Sec. 114.01.040. - Rules, organization and meetings. The agricultural protection area commission shall elect its own chairperson and vice-chairman and fill such offices as it may determine necessary for the proper conduct of the affairs and business of the commission. Meetings of the agricultural protection area commission shall be held as determined by the commission. The majority of the voting members shall constitute a quorum. All meetings shall be open to the public. Written bylaws consistent with this chapter and the laws of the state for the transaction of business of the agricultural protection area commission shall be adopted. A written record of meetings, hearings, resolutions, findings, studies, permits and actions shall be maintained and open to the public. Sec. 114.01.050. - Conflict of interest. A member of the agricultural protection area commission shall not participate in any proceeding or action when the member, his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure of action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. For purposes of the section, the term "participation" means engaging in activities which constitute deliberation pursuant to the Open Meeting Act. No member of a governing board with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of the section shall be a misdemeanor. Sec. 114.01.060. - Duties. Duties of the agricultural protection area commission: (1) The commission shall provide for meetings and hearings to obtain advice on the agricultural needs of the county. (2) The commission shall review applications for inclusion in an agricultural protection area pursuant to the county agricultural protection area ordinance and make recommendations to the board of county commissioners within 60 days of receiving the applications. (3) The commission may make recommendations to the board of county commissioners concerning the process by which the agricultural protection area commission will accept, review, and offer recommendations regarding agricultural protection area proposals to the board, including the nature and type of information provided by applicants and the evaluation criteria required to review agricultural protection area applications. Sec. 114.01.070. - Employees and expenditures. Any expenditures of the agricultural protection area commission shall be within the amounts appropriated and set aside by the board of county commissioners. Employees, consultants and technical advisors deemed necessary for the accomplishment of the agricultural protection area commission's authorized purpose and work shall be hired by the board of county commissioners upon recommendation by the agricultural protection area commission. The Nez Perce County Agricultural Protection Area Commission Creation Ordinance No. 118, codified as Title 114, Chapter 1 of the Nez Perce County Land Development Code, shall take effect and be in force from and after passage, approval, and publication as required by law. Regularly passed, approved, and adopted by the Board of Commissioners of the County of Nez Perce, State of Idaho, on this 17th day of May, 2025, nunc pro tunc to March 10, 2025. BOARD OF COUNTY COMMISSIONERS Nez Perce County, Idaho /s/ DOUGLAS W. HAVENS, Chairman /s/ DOUGLAS A. ZENNER, Member /s/ DON H. BECK JR., Member /s/PATTY O. WEEKS CLERK, Nez Perce County The full text of this Ordinance is available at the Nez Perce County Planning and Building Services Office, located at 1230 Main Street, Lewiston, ID 83501. Office hours are Monday through Thursday 7:00 a.m. - 5:00 p.m. and Friday 7:00 a.m. - Noon This summary is true and complete and provides adequate notice to the public. /s/ DeeAnn Wittman, Deputy /s/ Patty O. Weeks PATTY O. WEEKS, Clerk PATTY O. WEEKS, Clerk Nez Perce County, Idaho Nez Perce County, Idaho