A. Exemptions: Firebreaks and related site alterations made by fire incident command personnel and used to protect public and private property from an active wildfire shall not be subject to the requirements of this chapter.
B. Exclusions: Unless the intent of the landowner or his/her authorized agent is to circumvent the purposes of the Mountain Overlay District (MOD) regulations, the requirements of this chapter shall not apply if before commencing any site alteration, the landowner or agent first obtains a written confirmation from the administrator in consultation with the planning and zoning commission designated representative, that the site alteration falls within and meets one of the following categorical exclusions:
1. Roads used for logging purposes as permitted through the Idaho Department of Lands.
2. Valid permits and platted building envelopes approved prior to the effective date of Ordinance No. 170 dated March 13, 2024. This exception includes all structures built within the platted building envelope.
3. The locations of unbuilt, platted roads within platted subdivisions existing prior to the effective date of March 13, 2024, will be allowed. The unbuilt, platted roads and associated approaches shall meet the evaluation standards as set forth in 9-19-7 of this chapter. This may require realignment of the unbuilt, platted road.
4. Incidental planting and transplanting of vegetation by hand tools.
5. Maintenance, repair, and improvement of any building, other structure, or hillside road that was in existence and lawful before March 13, 2024 or lawfully constructed thereafter, which does not increase its visibility from a public vantage point entering or within the City of Wallace as shown in the Shoshone County viewshed map, provided the plans for such maintenance, repair, and improvement demonstrate appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.
C. Subdivision Exclusion: Upon application to the board, subdivisions platted before March 13, 2024, may propose to enter into agreement with Shoshone County to exempt building lots within that subdivision from the MOD permit procedures contained herein. To qualify for this exclusion, the subdivision shall meet, at a minimum, the following criteria and conditions:
1. Architectural design review standards of the subdivision are submitted to the county for review and approval to ensure that the standards of subsection 9-19-7 of this chapter are included.
2. Once approved by Shoshone County, the subdivision design review standards may not be changed by the subdivision without the approval of Shoshone County.
3. The administrator or planning and zoning commission shall be notified and is allowed to attend subdivision design review sessions to ensure the goal of minimizing visual impact is emphasized.
4. Shoshone County shall revoke a subdivision exclusion if the subdivision design does not comply with approved design standards or the intent of this chapter. Should the subdivision fail to conduct design review according to the agreement with Shoshone County, the county shall terminate said agreement and revoke exemption.
D. Administrator’s Review of Categorical Exclusions: The administrator, in consultation with the planning and zoning commission designated representative, shall review all written requests for determinations of categorical exclusions under subsection B of this section, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating proposed site alterations fall within and meets the requirements of a categorical exclusion. The administrator shall issue a written decision within thirty (30) days of receipt of an application for determination of categorical exclusion. The administrator, prior to issuance of its decision, may request additional information from the applicant, including, without limitation, technical review from the planning and zoning commission designated representative at the applicant’s expense, and the failure to provide such requested information within sixty (60) days of request shall be grounds for denial of the request for determination of categorical exclusion. The thirty (30) day time period for issuance of the administrator’s decision shall begin to run anew following the date of the administrator’s receipt of additional information from the applicant. Such period also shall be tolled during any periods that the administrator does not have reasonably safe access to the site of the proposed site alteration. Any person aggrieved by the written decision of the administrator as to a categorical exclusion may appeal the administrator’s decision to county commissioners according to Section 9-15-3 of this title.
(Ord. 170, 3-13-2024)