Blackfoot, We Have a Problem – Part 3

Blackfoot, We Have A Problem, Part 1 and 2, explored how local officials violated both state and local codes to push forward a proposed development that current residents oppose, and how Idaho courts have previously upheld that a city can go unpunished for code violations if a citizen is supposedly not harmed by those violations. This article will take a closer look at how residents are impacted by those decisions.

Our Republic was founded on the principle that a government derives all its powers from citizens through elected representation. It was based on the idea of civic engagement by citizens with their government and decisions would be derived from the rule of law. The power is intended to be preserved with the people, but that too is being taken from them. Protection of individual rights also seems to be fading.

As many may be aware, Americans have steadily lost this understanding over the years, and has not been taught to younger generations for decades. Thinking has shifted from one of self-governance to the belief government is responsible for making all decisions for everyone. As Americans have lost this understanding of civics, and our civic responsibilities, government control has grown. Blackfoot is a prime example of why our government no longer works, elected officials think they know best and can do as they please. Perhaps the Blackfoot problem can help other Idaho cities understand the importance of taking back control of local government.

Blackfoot is a small rural community of 13.6k, nestled between Idaho Falls and Pocatello, about 25 miles both ways. Its residents are friendly, hardworking, and independent. Many commute to the Idaho National Laboratory (INL), Idaho Falls, or Pocatello for higher paying jobs. It’s history is agricultural, home of the Eastern Idaho State Fair, Potato Capital of the World, and is a hop, skip, and jump to Yellowstone. Approximately 45% of Blackfoot land is non-taxable because of tax exempt status like State Hospital South, schools, churches, and government buildings, yet those entities utilize Blackfoot services. Without that added property tax, the burden of service costs, such as water and sewer, are carried by current residents.

Water

Much like other areas in the state over the years, Blackfoot has had its share of water issues, and especially this year. The Blackfoot Planning & Zoning Commission (PZC), City Council, Blackfoot Water Department, and residents have all expressed problems with water availability and pressure issues for several years. Yet, in spite of that knowledge and opposition, the decision has been made to build a 148-unit housing development, based only on the statement that “water is available”. Initially, a water model was recommended on this development, and without any reference to any standards or reasoning this was removed, then changed to a water study. Without reason, this study was quickly removed by the City Council when it approved the development. Even the Idaho Supreme Court has ruled that approval decisions should be based on reasonable statements. 

Blackfoot residents are bearing the cost of water use as it continues to rise, a 74% increase from 2022 to 2025, even when allotted water isn’t used. No acknowledgement of a water study that outlined the infrastructure deficiencies was cited or what upgrades were completed to support the development, a legitimate concern by residents that was never answered.

Wastewater

Similar to other rural Idaho towns, Blackfoot struggles with an aging wastewater infrastructure. Current Blackfoot residents are already bearing increased fees to upgrade its wastewater treatment (WWT) facility to standards that followed a lawsuit with penalties and mandates, then fined for not following them. The facility is still upgrading the system and fees will continue to rise each year starting with a 3.5% increase in 2027. It is reasonable for current residents to question what further upgrades will be needed for new dense development, and what costs they will bear for those upgrades.

Revenue

While the applicant for the proposed 148-unit housing development claims it will help economic development in the city with increased tax revenue, the truth is initially there will be a slight jump in revenue with hook-up fees, but there are no impact fees. Even with a 10 year build out plan, the applicant knows the build time “period would be based on demand so it is difficult to say exactly how long it would take to complete the development”.

The city has failed to address what further upgrades will be needed to support the development and what residents will have to finance before any property tax revenue is received. Those revenues will come years later. And besides, who wants to buy next to a toxic brownfield? 

Housing

Housing today that is considered “affordable” is a misnomer. What may be considered affordable today may not be accurate in future markets. This can be seen by another opposed development where a housing unit initially cost $195,000 in 2022 but ended up costing $280,000 in 2024. Some of these new “affordable” townhomes units have ended up as rentals, and could eventually become Section 8 housing.

And again, in spite of the rhetoric to bring in more affordable housing, “high density can also lead to increased housing costs and decreased affordability”, and cause a host of other problems. Portland, Oregon is a good example. There is no law that says citizens are responsible for building a house so someone else can afford it.

Meanwhile, the rural characteristics of Blackfoot are being shifted to an unsightly, urban style mix of packed two story buildings, jutting out amidst older established homes that reflect the town’s culture and history.

City Officials

Every candidate running for elected office promises to do a better job, has solutions to fix the problems, and will do so with honesty and transparency, up to the day of being sworn into office. What happens in such a short time that all those promises suddenly change to not being transparent or listening to those who elected them?

Blackfoot residents, and other similar Idaho cities, understand growth is inevitable but there is no law that mandates hundreds of homes are built under the flawed notion that housing should be built to make it affordable for anyone. Growth can occur if done responsibly, accommodated by current infrastructure, and as those homes are owned, the resulting revenue can support building more infrastructure for future growth. Building housing that is not supported by the infrastructure leads to the infrastructure chasing the new housing.

For any city, who is responsible for irresponsible growth? IC 67-6513 states ordinances should consider the ability to provide services “without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision”, while IC 67-6508 states PZC duties include a comprehensive look at all factors in decisions. It isn’t just the zoning.

Knowing and acknowledging the financial pressure Blackfoot bears with 45% of land not taxed, city officials have failed to act responsibly towards its citizens with budgeting or even planning development that does not overwhelm services such as is encouraged by IC 50-3101(a).

The Idaho legislature has only made these problems worse. This year, S1352 and S1354 were signed into law making it easier to cram more housing into less space, while S1353, which did not fully pass, would prohibit “local ordinances that ban or effectively block” twin homes and duplexes on lots where single-family homes are already permitted. This is so far removed from the principles of a Republic. How Senators voted on S1353 can be found here.

There was another bill, H896, that failed to pass. It would have allowed the Idaho Attorney General to intervene at the municipal level when state laws are not followed. Right now, the only legal course to oppose a decision is the appeal process, followed by Reconsideration, and if that is denied by the same entity that made the decision, it goes to Judicial Review with the District Court. Failing there, the aggrieved can take it to the Idaho Supreme Court.

Idaho legislators seem to have a problem with a bill that interferes with and dictates local jurisdiction zoning decisions, but won’t support a bill that ensures local jurisdictions follow the law. Go figure. Legislators voting for or against H869 can be found here.

Blackfoot citizens have respectfully voiced their opposition, yet, the local government has refused to listen. It is a phenomenon found across the state. Well, at least some listen. It is time more citizens become engaged with local government, exercise their rightful power when officials fail to represent them, and understand the laws. Every rural town in Idaho is being affected by this affordable housing “crisis”. Don’t let it happen in your community.