Lesson 1 of 9 · about 16 minutes
Who Runs Urban Renewal: Agencies and Their Boards
You'll be able to
- Explain the finding of necessity under Idaho Code 50-2005 and the 2011 voter approval rule in 50-2006
- Describe who appoints urban renewal commissioners, how many there are, how long they serve and how they can be removed
- Compare the board models the statute allows: appointed, council-member minority, temporary council takeover and elected
- Describe the dissolution process added by House Bill 436 in 2025
An urban renewal agency spends property tax money, can borrow against it for 20 years, can buy and sell land, and is run by people nobody voted for. That last part is usually true, and it is the first thing most residents get wrong about who is in charge. The statute gives the city council more control than people assume, and less than many council members admit. This lesson covers how agencies are born, who sits on the board, and how they end. The money side, how increment is captured and which levies are excluded, is in Urban Renewal and Tax Increment Financing in Idaho. Read that first if the word "increment" is new to you.
Step one: the finding of necessity
No city or county can use urban renewal powers until its governing body adopts a resolution under Idaho Code 50-2005 finding that one or more deteriorated or deteriorating areas exist, that fixing them is necessary for public health, safety, morals or welfare, and that the municipality needs an urban renewal agency to do it. That language dates to 1965 and has never been amended.
The word "municipality" in this chapter means a city or a county (50-2018). Most Idaho agencies belong to cities. A city agency's "area of operation" is the city plus five miles beyond its limits, but it cannot reach into another city or into unincorporated county land unless that other government adopts a resolution saying it needs the help.
The 2011 vote requirement
Here is the rule many residents have never heard of. Under 50-2006(1)(b), an urban renewal agency created after July 1, 2011 "shall not transact any business" until a majority of qualified electors, voting in a citywide or countywide election, authorize it. Agencies whose governing body made the finding of necessity before that date are grandfathered.
The agency in the region's largest city, the Urban Renewal Agency of the City of Twin Falls, says in its audited statements that it was organized on July 19, 1965, the same year the Urban Renewal Law passed, so the vote rule does not touch it. The rule matters most in towns that never set up an agency. If a small Magic Valley city without an agency proposes one now, that proposal has to go to the ballot.
The board
An agency's powers are exercised by its commissioners. The default rules in 50-2006(2):
- Who appoints: the mayor, "by and with the advice and consent" of the city council. For a county agency, the chair of the county commission fills that role.
- How many: at least 3, no more than 9.
- Terms: set by the mayor, no longer than five years, staggered so that no more than two original terms expire in the same year.
- Residency: every commissioner must live in the county where the agency is located or does business.
- Pay: none. Commissioners get necessary expenses, including travel.
- Removal: by majority vote of the council, only for inefficiency, neglect of duty or misconduct, after a hearing with at least 10 days' written notice of the charges.
- Staff: the agency may hire an executive director, experts and its own legal counsel.
That removal rule matters. A council that dislikes a commissioner's votes cannot simply fire the person. The protection is meant to give commissioners some independence over a 20-year financing plan. It also means the agency can drift from what the current council wants.
Four board models
| Model | Statute | Who decides | Limit |
|---|---|---|---|
| Appointed board | 50-2006(2)(a) | Mayor appoints, council consents | 3 to 9 members, terms up to 5 years |
| Council members on the board | 50-2006(2)(c) | Council designates some of its own members by ordinance | Since July 1, 2017, council members must be less than a majority of the board |
| Council takes over | 50-2006(2)(d) | Council terminates the appointed board and serves as the board | No more than one calendar year |
| Elected board | 50-2006(2)(e) | Voters, at a November election under 34-106 | Ordinance may set term limits; candidates run under county election law |
Even when council members sit on the board, the statute says the agency acts "as an arm of state government, entirely separate and distinct from the municipality." That separation is part of why an agency can borrow without a city bond election and why its debts are not the city's debts.
Example: counting seats in Larkspur
The invented City of Larkspur has a seven-member urban renewal board. The council wants as many of its own members on it as the law allows.
- A majority of seven is four. "Less than a majority" means three or fewer.
- So the council may designate up to 3 of its members. The other 4 must be appointed residents of the county.
- If the board grows to nine, a majority is five, so the council could hold up to 4 seats.
- If the council wants full control, its only option is the one-year takeover under (2)(d), after which it must go back to an appointed board or adopt an elected one.
Now check terms. The mayor appoints all seven at once. Terms can run up to five years, but the statute allows no more than two original terms to end in the same year, so the mayor must stagger them, for example 1 ending in year 2, 2 in year 3, 2 in year 4 and 2 in year 5.
The agency's relationship to the city
On paper the agency is independent. In practice, small and midsize agencies often run on city staff. The Twin Falls agency's 2025 annual report says the city provides administrative, legal, engineering, budgeting and accounting services under a 1993 agreement, for a fee set each year; it was $208,000 for the year. The same report lists the city's economic development director as the agency's executive director.
That arrangement is legal and common. It also means the people recruiting businesses for the city are often the same people managing the agency that pays for the infrastructure those businesses want. Residents should know who wears which hat before a meeting, so they can direct questions to the right body.
Ending an agency: the 2025 dissolution process
House Bill 436, signed April 4, 2025 (Session Law chapter 300), rewrote the dissolution section, 50-2006(7). The steps now:
- The council (or county commission) adopts a resolution of intent to dissolve and sends it to the agency.
- From that moment the agency cannot start new urban renewal projects or take on new financial obligations, except those needed to wind down.
- The council and the agency board hold a joint meeting to discuss dissolution.
- If the council then finds the agency is no longer needed, it dissolves it by ordinance, effective on publication.
- The ordinance is recorded in the county's real property records and sent to the agency, the county clerk and the State Tax Commission within 10 business days of recording. Agency property goes to the city.
The bill's sponsor, Majority Leader Jason Monks, pitched it as a way to give fire districts a share of increment and give manufacturing areas a tool to keep growing, according to BoiseDev's coverage. The Redevelopment Association of Idaho, which represents agencies, and the Twin Falls economic development director warned that the dissolution process could create uncertainty for long-term projects. The bill passed the House 57 to 13 and the Senate 28 to 7.
Dissolution does not erase debt. Bondholders and developers with reimbursement agreements still have whatever rights their contracts and the 20-year rules give them. A council that wants out quickly needs to know what the agency owes first, which is a reporting question covered in lesson 4.
Common mix-ups
- Claim: The urban renewal board is just a committee of the city council. What the evidence shows: It is a separate public body under 50-2006. Council members can hold fewer than half of its seats, except during a takeover of no more than one year.
- Claim: Voters never get a say on urban renewal. What the evidence shows: Agencies created after July 1, 2011 need voter approval to operate, and a council may choose an elected board. New districts in existing agencies do not require a vote.
- Claim: The mayor can fire commissioners who vote the wrong way. What the evidence shows: Removal takes a council majority, a cause listed in the statute, written charges and a hearing.
- Claim: An urban renewal agency can work anywhere in the county. What the evidence shows: A city agency's area of operation is the city and five miles out, and it needs a resolution from any other city or county it would enter.
Reporting angle
- Ask the city clerk for the certificates of appointment for every commissioner. 50-2006(4) requires them to be filed with the clerk, and they show who appointed whom and when each term ends. Request them under the Idaho Public Records Act, Idaho Code 74-102.
- Ask for the ordinance, if any, that put council members on the board, and count: are council members still fewer than half?
- Find the original finding-of-necessity resolution. For any agency formed after July 1, 2011, find the election results that authorized it.
- Read the management or services agreement between the city and the agency and compare the annual fee with the agency's budget.
- Watch city council agendas for any "resolution of intent to dissolve." That vote immediately freezes new agency obligations.
- Questions to ask commissioners: who recommended you for the seat, when does your term end, and do you have any business interests in the agency's districts? (Urban renewal agencies are covered by the ethics in government law, Title 74, chapter 4.)
Research angle
- Read the whole Urban Renewal Law, Title 50, Chapter 20, especially 50-2005, 50-2006 and the definitions in 50-2018.
- The bill history for House Bill 436 (2025) links the bill text, statement of purpose and votes.
- The history line at the bottom of 50-2006 lists every amendment by year and session law chapter. For this lesson, the 2011 voter approval rule, the council-member limit that took effect July 1, 2017, and the 2025 dissolution process matter most.
- For a real agency's governance and finances in one document, read the Twin Falls agency's 2025 annual report.
- Open meeting coverage of agency boards is explained in Who the Law Covers.
Check yourself
1. A city wants to create a brand-new urban renewal agency in 2027. Under Idaho Code 50-2006(1)(b), what must happen before the agency can transact business?
Agencies created after July 1, 2011 cannot transact business or use their powers until a majority of voters in a citywide or countywide election authorize them.
2. Who appoints the commissioners of a city's urban renewal agency under the default rule in 50-2006(2)(a)?
The mayor appoints three to nine commissioners with the council's advice and consent, sets their terms (up to five years) and staggers them.
3. Since July 1, 2017, how many seats on an urban renewal board may members of the city council hold?
50-2006(2)(c) lets the council appoint its own members, but they must be less than a majority. Separately, (2)(d) lets the council take over the whole board for no more than one calendar year.
4. What happens as soon as a city council adopts a resolution of intent to dissolve its urban renewal agency under the 2025 amendments?
50-2006(7) freezes new projects and new obligations once the resolution is adopted. A joint meeting follows, then the council may dissolve the agency by ordinance.
5. Which of these laws does 50-2006(6) say an urban renewal agency must follow?
Subsection (6) names all four: chapters 1, 2 and 4 of Title 74 and chapter 28 of Title 67.
Terms in this lesson
- Finding of necessity
- The resolution under Idaho Code 50-2005 in which a city council or county commission finds that deteriorated or deteriorating areas exist and that an urban renewal agency is needed.
- Commissioner
- A member of an urban renewal agency's board. Unpaid, appointed by the mayor or county chair with the governing body's consent unless the board is elected.
- Independent public body corporate and politic
- The legal status of an urban renewal agency: a public entity separate from the city that created it, acting for the state's urban renewal purposes.
- Resolution of intent to dissolve
- The first step, added in 2025, toward ending an urban renewal agency. It stops new projects and new obligations while the agency winds down.
Sources
- Idaho Code 50-2005, Finding of necessity by local governing body checked 2026-10
- Idaho Code 50-2006, Urban renewal agency, authorization, dissolution checked 2026-10
- Idaho Code 50-2018, Urban Renewal Law definitions (area of operation, agricultural consent) checked 2026-10
- House Bill 436 (2025), urban renewal dissolution and fire and ambulance opt-out, signed April 4, 2025, Session Law chapter 300 checked 2026-10
- BoiseDev, Bill allowing fire districts to opt out of urban renewal, aid Chobani expansion moves forward (March 25, 2025) checked 2026-10
- Urban Renewal Agency of the City of Twin Falls, 2025 Annual Report (March 16, 2026) checked 2026-10