AI image by Dustin W. Manwaring.[i]

Introduction

Many leaders have laid the foundation for Idaho’s diverse and productive agriculture sector, which remains a vital part of the state’s economy today. Henry Spalding, W. Mulkey, Tom Davis, Joe Marshall, John R. Simplot, and Andrew Little are a few of Idaho’s early agriculture pioneers who played a crucial role in establishing the state’s farming and ranching industries.[ii] They introduced irrigation techniques and crops, developed canals, significantly boosted agricultural productivity and transformed arid lands into fertile farms. Some were instrumental in developing new industries like sheep and wool, commercial orchards, and putting Idaho on the map as the major potato-producing state.

As a child, I would sometimes visit my great-grandfather at his steel-erected Quonset hut building next to the railroad tracks in Blackfoot. I remember the smell of the oil and other lubricants in the room that was filled with rollers and belts and parts and pieces of the world’s first potato seed cutter built by Milestone, Inc. These memories deepened my respect for the imagination of groundbreakers that invested their fortunes and livelihoods just to survive and raise families from Idaho’s fertile agricultural opportunities.

A half century later, I named my law office after my grandfather’s potato equipment business and his legacy as an industry innovator and businessman. Idaho is full of similar family stories, and it is common to measure how many generations of Idaho runs in one’s blood. As a fifth generation Idahoan, such statements of family history are not lost on me. On my dad’s side of the family, he operated a family farm with his father. Growing up, a favorite place for me was sitting in the middle of a freshly cut hay field having a picnic with my siblings while my dad finished bailing and stacking alfalfa for the family dairy, cattle, and sheep operation. I am proud to carry part of this agriculture heritage with me as an attorney and a citizen legislator serving District 29 in Pocatello.

The Idaho Agricultural Protection Act

The Idaho State Legislature, recognizing the critical role of agriculture in the state’s identity and economy, passed the Agricultural Protection Area Act in 2024 (“Ag Protection Act” or “Act”). The Act establishes a framework for designating specific land parcels as Agricultural Protection Areas (“APAs”).[iii] APAs invite Idahoans to preserve their farmlands for future generations. This preservation is important because according to the 2022 Census of Agriculture, Idaho’s working lands, encompassing cropland, pasture, rangeland, and private forests, have dwindled by a staggering 144,000 acres between 2017 and 2022 (2022 Census of Agriculture).[iv] 

“The Ag Protection Act defines an APA as
a designated geographic area comprised
of specific parcels of land voluntarily
included under the Act’s authority.”

To demonstrate how the Idaho APA would function, consider this example from Utah’s Agricultural Protection Area Act. Under the Utah act, a family from Farmington was able to secure its right to continue raising cows on their land by seeking and receiving approval from county commissioners to declare the land an “agriculture protection area.” The Utah property, located south of Hooper in Weber County was surrounded by some open pockets of undeveloped farmland along with many new homes. According to the Act, if there is a dairy and the land in Utah is designated as an APA at the county level, then neighbors cannot bring a lawsuit against a dairy within the APA for things like dust or smells or fertilizer. The Utah Department of Agriculture has said that having the agricultural protection status placed on a tract of land limits zoning changes without a landowner’s approval and prevents local governments from enacting ordinances that could restrict farming practices.

Idaho’s Agricultural Protection Act, passed during the 67th Idaho Legislature this year. The Act acknowledges the multifaceted value of agricultural lands, recognizes their contribution to the state’s economic well-being, food production, cultural heritage, wildlife habitat, clean water, and recreational opportunities. Furthermore, the Act recognizes the importance of respecting private property rights and minimizing governmental control over land use decisions stemming from the rapid conversion of agricultural lands to development projects in recent years.

Key Provisions

The Ag Protection Act defines an APA as a designated geographic area comprised of specific parcels of land voluntarily included under the Act’s authority. Idaho’s new law prohibits a political subdivision from condemning for any purpose any land within an APA that is being used for production agriculture, except for as granted in Section 14, Article I and Section 8, Article XI of the Constitution of the State of Idaho. The constitutional limitations give the state the right to regulate the necessary use of lands to complete development of the material resources of the state, primarily for the purposes of managing Idaho’s water resources and preserving the health of its inhabitants. This means that unless the state needs to take land for this purpose, local governments in Idaho will not be able to use eminent domain to develop productive agricultural land within an APA.

The Ag Protection Act specifically mandates the state’s county commissioner boards to “encourage the continuity, development, and viability of agricultural use within the specific boundaries designated in the agricultural protection area by not enacting a local law, ordinance, or regulation that would restrict a farm structure or farming practice within the boundaries of the APA” with limited exceptions for farming operations outside of generally accepted farming practices or where there is a conflict with current land use classification or zoning.

Idaho’s Ag Protection Act does not yet provide any financial incentives for farmers and landowners to voluntarily designate their land as protected agricultural land. A designation for land as an APA also requires an application and minimum participation periods. The application process and participation periods will be outlined by each board of county commissioners in each local APA ordinance.

Local Government Responsibilities

By January 1, 2025, each county board of commissioners in Idaho must establish an APA ordinance following Idaho’s public notice and hearing procedures. The new ordinance adopted by each county will outline the process for including agricultural lands in an APA for a minimum of 20 years, the application requirements, and application fees.

Also, by the same date, county boards will choose to establish either an agricultural protection area commission (“APAC”) or include APA responsibilities within their existing ordinances. The APAC, if established, will consist of three to five members actively involved in or supporting agricultural production within the county. These members will serve terms between three to six years. The APAC’s role is to review applications and make recommendations to the board of county commissioners within 60 days of receiving an application. Idaho Code § 67-9705(6).

Conclusion

It is too early to tell if Idaho’s new Agriculture Protection Area Act will effectively protect farmland without limiting property rights. Similarly, more may need to be done to entice farmers to voluntarily sign up and prove it works, especially since Idaho’s rapid population explosion has contributed to substantial increases in land values and has made it more difficult for some farmers to compete with income produced from selling prime agricultural land to housing development. There is likely an appropriate balance that must be struck and the APA looks to be an important first step. Both the agricultural community and the Idaho Legislature will be watching how the details are filled in by local governments to determine what adjustments should be made.

However, like many Idaho pioneers whose contributions were not fully known when they were taking risks and making decisions with new practices or procedures, time will tell how much farmland is preserved in Idaho from forced development because of the Act. The Idaho APA, and those willing to use the new law or help improve it, may be thanked by more generations of Idahoans that tell stories of their grandfathers.

Dustin W. Manwaring is a business, estate planning, and land use attorney and owner of Milestone Law PLLC in Pocatello. He was first elected to the Idaho House of Representatives in 2016 serving Legislative District 29 and is the Majority Caucus Chairman.

Endnotes:

[i]  Artifically generated image using ChatGPT 4.0.

[ii] Henry Spalding established the Lapwai Mission and helped the Nez Perce till the fields, irrigate crops, and erect mills for grinding corn and wheat (https://www.britannica.com/biography/Henry-Harmon-Spalding); W. Mulkey set out the first commercial orchard at 15 acres near Lewiston in 1863 and Tom Davis owned one of the most notable orchards in the Boise Valley where he successfully raised apples, pears, peaches, plums and blackberries and Davis established some of the earliest canals and headgates from the Boise River. (https://payettecounty.info/marlow/orchards.html, https://history.idaho.gov/wp-content/uploads/0171.pdf); Joe Marshall, known as “Idaho Potato King,” is credited with understanding the value of certified seed and establishing quality as an important factor in producing and marketing Idaho potatoes; John R. Simplot has been the largest grower, processor, and shipper of Idaho potatoes and discovered the value of farming with chemical fertilizers (https://www.idahopotatomuseum.com/important-people-in-the-industry/); Dubbed “The Idaho Sheep King,” A Andrew Little was considered the largest sheep operator in Idaho and one of the largest in the nation (http://www.gemcountymuseum.org/bio-Little,A.html).

[iii] Idaho Code 67-9701 et seq.

[iv] https://www.fsa.usda.gov/state-offices/Idaho/news-releases/2024/usda-releases-2022-census-of-agriculture-data-down-to-the-county-level