Kootenai County commissioners approve ‘family split’ exemption

COEUR d’ALENE — Kootenai County commissioners voted unanimously this week to approve a new category of exempt divisions of land, allowing families to divide land, under certain conditions, without requiring a subdivision.

Post Falls property owner Vince Hughes proposed the amendment to the Land Use Development Code last spring. Hughes indicated his reason for pursuing the amendment is to make it easier for existing residents of Kootenai County to remain here and care for one another.

“These are real people just trying to take care of their families in whatever circumstance they find themselves,” Harrison resident Rand Whitman told commissioners Thursday, speaking on behalf of Hughes. “They’re not asking for a government handout. They’re just asking for a little less government intervention so they can address their situation.” 

Commissioner Leslie Duncan said she strongly supports the amendment because it will allow families already residing in Kootenai County to remain physically close, making it easier for adult children to help care for aging parents. Duncan said the exemption may also clear the way for more affordable housing options for some families. 

“This gives younger families a shot at home ownership where they might not get the chance without moving out of state,” she said. 

Commissioner Bill Brooks also expressed support for the amendment, noting that Spokane County and Bonner County have similar ordinances already in place. 

“There don’t seem to be a lot of problems,” he said. “I don’t think there will be a mad rush for developers who are related to people and eligible for a split.” 

Before voting in favor of the amendment, Commissioner Bruce Mattare expressed reservations about carving out new exemptions. 

“There is a system in place and we always have to be careful when people are asking us for exceptions,” he said. “When we make exceptions, at some point, what’s the point of having policies? We make so many exceptions that we’ve kind of slashed it up into an unrecognizable form.” 

In December, the Planning and Zoning Commission voted 5-1 to deny the request, with some commissioners suggesting the exemption could be misused to avoid minor subdivision requirements while maximizing profits. 

The Coeur d’Alene Tribe also opposed the proposed exemption last year, raising concerns that newly subdivided parcels could be immediately sold outside the family, skirting minor subdivision requirements. 

“This amendment would open the door to a broad chipping away at ag zoning, which has been in place for a long time,” said Tyrel Stevenson, who spoke on behalf of the Coeur d’Alene Tribe at the December hearing, as well as in his capacity as a Kootenai County resident. 

In order to qualify for the exemption, the involved parties must prove they are related through genetics, adoption, marriage or court order. Property owners must own the land for at least three years before the proposed subdivision. Property owners may not create more than four parcels using this exemption and individual recipients may not receive more than one such parcel in their lifetime. 

New parcels must be at least 5 acres in size, have access to a public road and meet all other code requirements. On the Coeur d’Alene Reservation, parcels must be at least 10 acres in size. All zoning restrictions will apply. 

The final ordinance is expected to contain language that puts some guardrails on “family splits,” such as making building permits nontransferable if a subdivided parcel is sold again. 

“We can always revisit this if there are quantifiable, unintended consequences that arise,” Duncan said. “This is a good thing for our community.” 

    Brooks
  

    Mattare