A public hearing is the designated time during a public meeting when the City Council or Planning & Zoning Commission takes comment from the public regarding a pending application or other particular matter. It is the public’s reasonable opportunity to give testimony and offer evidence for or against the subject of the hearing, or to state an opinion in a neutral manner. A public hearing process ensures that individuals will be given a meaningful opportunity to be heard before a decision is rendered that may affect their personal or private property rights. It is important for citizens to understand that public hearings are not held for “straw votes” but are governed by specific review criteria. Therefore, in order to be effective, citizens must understand the relevant criteria applicable to each particular hearing or land use decision.  During a public hearing, after the public has provided their testimony, the applicant will have the opportunity to rebut any negative comments. After this, the public hearing is typically closed and the decision-making body to begin their deliberation and work towards a decision.

Public Hearing Process

1. Chairperson reads agenda title
2. Applicant Presentation
3. City Staff Presentation
4. Council/Commission questions for staff or the applicant
5. Chairperson opens public hearing and invites public to comment
6. Public comment is taken in order of: for, neutral, opposed
7. Applicant is given opportunity to respond
8. Chairperson closes public hearing
9. Council/Commission discussion (public comment is no longer recognized)
10. Council/Commission takes action

On August 17, 2021 the City of Driggs adopted an ordinance amending our Land Development Code which changed the public hearing requirements for some applications to align with state statute.

Applications for Zone Map Amendments and Preliminary Plats will receive one public hearing, with the Planning & Zoning Commission. All public comments will be recorded at that time and forwarded with the Commission’s recommendation for review by City Council. City Council will decide the application at a public meeting that does not include a public hearing.  This will ensure the City Council has all pertinent information prior to the meeting, help process applications more efficiently, and mitigate confusion regarding when the community can submit a comment. If City Council chooses, they may conduct a public hearing on an application, at which point a new hearing will be properly noticed.

Public hearings are required for Quasi-Judicial matters. Quasi-Judicial matters are those in which the decision-making body is acting as a judging body and applying the law to individual properties and applications (as opposed to legislative matters in which decision-makers are creating or amending the law). Most land use applications, such as subdivisions and zone changes, among others, are quasi-judicial matters. As such, these applications require a certain procedure. After an application is accepted by city staff, a notice of the application and a scheduled hearing will be published in the newspaper, mailed to property owners within 300 feet of the subject property, and posted onsite. Additionally, written comments from the public are collected and presented to the decision-making body at the public hearing. Public testimony is received during the scheduled public hearing on the item. This is the only time when decision-makers can hear from the public on the specific matter, due to Open Meeting Law requirements, and to ensure these decisions are made in a clear and open manner. Quasi-Judicial process ensures the private property rights of individuals.

As of August 2020, there are no emergency orders or measures in place which would prevent the city from holding public hearing according to the normal routine. As always, Public Comments may be submitted on any items through the email address PublicHearingComments@DriggsIdaho.org, or in writing at PO Box 60, Driggs Idaho 83422. Comments may also be submitted in person at the scheduled hearings. 

Should circumstances change due to COVID-19 or another issue, which make in-person public hearings unsafe, the city will adopt the following protocols for remote, or dial-in meeting. 

By personal computer - Tune in using Zoom. See the current agenda for the meeting or hearing you would like to attend for information to access a meeting using Zoom

By phone - See the current agenda for the meeting or hearing you would like to attend for a dial-in phone number and access ID specific for that meeting

Attending a meeting by phone or Zoom will allow you to listen to the meeting, however, there may not be an option to participate or comment via phone or Zoom. If you wish to submit a comment on a particular application, please submit your comment by email or voicemail before 5pm on the day before the meeting is to take place, as noted below. You may also submit a comment during the public comment portion of the public hearing by following the instructions below. 

In order to submit a public comment regarding an active project or application, please consider the following options and follow all directions:

• Submit by mail (City of Driggs, PO Box 48 Driggs, ID 83422)
• Submit comment by phone and voicemail (208-354-2362 ext. 1007)
• Submit comment by email (PublicHearingComments@driggsidaho.org)
• Submit comment through the online form below

All comments must include your name and address of residence (no mailing, or temporary addresses). Please reference which public hearing you are commenting on and whether your position on the application is in favor, neutral, or opposed to the application, and your reasons why, if desired. Comments must be received by 5pm one week before the date of the hearing to be included in the staff report.  The City is not responsible for lost mail, or email traffic.

Submitting a Public Comment remotely during a public hearing:

Remote comments during the meeting, are currently not accepted. However, if circumstances change due to COVID-19 or other issues, the following procedures will be utilized.

We recommend that if you intend to submit a comment on a public hearing to please do so before 5pm the day before the hearing, by following the instructions above. However, in order to submit a comment during the public hearing, please consider the following options:

       1.  To Comment in Zoom: Press "Raise Hand" button, and you will be recognized when appropriate.  To "Raise Hand" from a phone connection, follow the directions from Zoom, or press *9.  (The city cannot guarantee that your Zoom connection will work.  You are responsible to confirm this.)

        2. Submit a comment by email (PublicHearingComments@driggsidhao.org)

        3. Submit a comment by voicemail (208-354-2362 ext. 1007)

All comments must include your name and address of residence (no mailing or temporary addresses). Please reference which agenda item you are commenting on and whether your position on the application is in favor, neutral, or opposed to the application, and your reasons why, if desired. 

Comments received during a hearing will be read into the record. A brief (2 minute) recess will announced in order to allow comments to be received before the public comment period is closed. Comments received after this time will not be read into the record. The City is not responsible for lost or late comments. 

1. The Commission Chair will open the public hearing and announce the appropriate time for public testimony, in the order of for, neutral, or opposed.
2. At the appropriate time, as stated by the Chair, approach the podium when invited, and state your name and address.
3. State your position: for, neutral, opposed
4. State your reasons. Be specific and concise
5. Limit your comments to 3 to 5 minutes maximum
6. Address the Chairperson, not the applicant or any other individual
7. Be respectful in your comments, and stick to facts. Questions may also be posed to the Commission.

Know the Code criteria, and where to find codes for the state and city, and for comprehensive plans.

Avoid being adversarial.

Address the Council/Commission, not the applicant

Respect the difficulty of the decision maker in dealing with competing interests

Do not say what you do not know

Beware of time taken; keep to about 3 minutes

Present facts, not fiction

Civility equals power

If the Council/Commission find against you, it does not mean no one listened to you

If you are not able to attend a scheduled public hearing, or would rather write your comment, written comments on quasi-judicial matters are accepted. These comments should follow the same guidelines as spoken testimony, and include your name, address, position on the matter, and your comments. Written comments that are received about a week before the hearing will be included in the staff report. Written comments that are received after that time and before noon on the day of the hearing will be read into the record during the hearing. Written comments and spoken testimony are equally received by decision-makers. You will not be prevented from providing spoken testimony if you’ve already submitted written comment, however submitting multiple and repetitive comments is not necessary. Written comments may be dropped off at City Hall (60 S. Main St.), mailed to City Hall, PO Box 48 Driggs, Idaho 83422, or emailed to PublicHearingComments@driggsidaho.org. See the hearing notice for specific details on written comments, dates, etc.

Staff Report: Almost every meeting item has a staff report prepared by a member of the City Staff. These reports discuss the background of an application, standards of review, discussion issues, and options for action. Most reports are available a few days before the meeting. Reading the staff report ahead of a meeting will help you to be truly prepared for the hearing.

Public Record: State law ensures public access to records. In addition to the staff report, you may find that other City records that will aid your analysis of a project, such as engineer reports or building files. These records can be obtained by filing a Records Request which is available online at the City of Driggs’ website, or simply by making an appointment with the P&Z Administrator or Clerk.

Talk to Staff in Advance of the Hearing: City staff is available and happy to help the public understand an application, pertinent Code or state statute requirements, decision criteria, planning documents, or anything else you may be curious about.