Planning and Development Services Appeals

Appeal Process

Who can file an appeal, and who am I appealing to?

An applicant or an aggrieved party may appeal a decision of the Planning Director, Planning & Zoning Commission, Design Review Commission, or the Historic Preservation Commission.
- Appeal requests must follow the Grounds for Appeal Guidelines
An appeal of the Planning Director’s administrative decision may be appealed to the Hearing Examiner**, Design Review Commission, or Historic Preservation Commission based on application type.
- Appeals of the Administrative Application decision may be made by ANY member of the public.
Appeals of the Design Review Commission, Historic Preservation Commission, and Planning and Zoning Commission may be appealed to Boise City Council.
- Only Parties of Record and those entitled to mailed notices are eligible to appeal Commission decisions.

**Please note: Hearing Examiner decisions cannot be appealed.

I'm ready to file an appeal, now what?

All appeals must be submitted IN PERSON* at Boise City Hall, Planning Department on the Second Floor.
Appeal forms and fees must be received by 5:00 p.m. ten (10) days after the decision was made. Please refer to the Action Letter for the exact deadline of submittal.

An appeal is not considered to be submitted until it is handed in, and the fee is paid at the City Permit Desk.
- The permit desk accepts all payment types, including cash, card and check. Some processing fees may apply for card transactions.
- Payments cannot be made over the phone.

* For unique circumstances, please email the assigned planner for alternatives.

I turned in my form and paid, what happens next?

You will receive a letter from the Planning Admin notifying you the application was received but not yet scheduled. It will include information about deadlines for comment and response.
The originally assigned planner will receive comments and coordinate the scheduling of the appeal with the appellant, applicant, and designated hearing body.
You will be notified via email when your appeal is scheduled.

Grounds for Appeal Guidelines

View as PDF

Planning Director / Administrative Application Appeals

What Are These?

Administrative applications are applications where a planner reviews a request and makes a determination on its compliance with the Boise City Code. This decision is made under the direction of the Planning Director. To appeal an administrative decision, you must be able to demonstrate that:

A. Prevention of an allowed use

What does this mean? The decision is preventing an applicant from using their property in a manner listed in the Table of Allowed uses as acceptable.

B. Prohibited or unwarranted restriction of building type, material, or method

What does this mean? The decision is unfairly denying the applicant from using a specific building method or material.

C. Misapplication or misinterpretation of the criteria in review of the application

What does this mean? The decision was made with an incorrect understanding of the code or an incorrect understanding of the application.

D. Conditions not authorized by Section 11-05-04.6.A(4), Conditions.

What does this mean? The decision was made with requirements that are unreasonable, inappropriate or outside the scope of city code, state, or federal law.

You must be able to identify IN CITY CODE where and how the error was made.

Hearing Level Application Appeals

What are these?

Hearing Level Applications are applications that require a public hearing in order to be processed. These decisions are made at either the Design Review Commission, Historic Preservation Commission or the Planning and Zoning Commission (Commissions). To appeal a Hearing Commission decision, you must be able to demonstrate that:

A. The decision violates state or federal law

What does this mean? The decision was illegal

B. The decision exceeds the statutory or delegated authority of Hearing Commission

What does this mean? The commission is not authorized under the rules of the city to make the claim or amended conditions added at the hearing.

C. The decision was made through procedures that are unlawful or are inconsistent with City Code

What does this mean? The decision was made with an incorrect use of the City Code, or the decision was reached unlawfully.

D. The decision is not supported by substantial evidence

What does this mean? The decision was not supported by facts or did not have enough information to support the findings.

E. The decision is arbitrary, capricious or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented

What does this mean? The decision was made by ignoring the information presented.

Send a Message to Planning

Thank you for your interest in the Planning division. Please fill out the form below and a representative will be in touch with you. If you are inquiring about a specific project, please include the record number or project address.