Washington County Commissioners are considering three ordinances that supporters say would wrestle back authority of public lands from the feds, despite the state saying they’re likely unconstitutional.
The proposals would give commissioners the power to oversee prescribed burning and road restrictions on federal lands there. One would also allow federal land permit holders to mine or log these public lands as they see fit.
The Washington County Sheriff would be charged with enforcing many of these new rules.
The majority of those who testified Monday supported the draft ordinances, including David Smith from Midvale.
“This gives us a little bit of leverage in speaking in a voice they have to listen to,” Smith said.
Others, including representatives from outdoor recreation groups, also supported the proposals to ensure their members or other tourists had access to public lands in the area.
But there were many people who opposed the measures, including several ranchers who held federal land permits, like Jerome Grandy.
He agrees with the objectives of the ordinances, but said he doesn’t want any legal costs spent to defend them to fall back on county residents.
“I don’t think it’s fair to put a burden on all the taxpayers for a few of us and there’s got to be a better way to approach it,” Grandy said.
An opinion from the Idaho Attorney General’s Office called the proposals “highly likely” to not hold up against a lawsuit.
“There is thus a significant risk that Washington County will incur significant legal costs if its ordinances are challenged by the Federal Government or other parties,” Darrell Early, chief deputy attorney general of the AG’s natural resources division wrote.
Another opinion on the proposals from Washington County Prosecutor Delton Walker is not being released due to attorney/client privilege.
County commissioners are expected to vote on ordinances next week.
Follow James Dawson on Twitter @RadioDawson for more local news.
Copyright 2020 Boise State Public Radio
