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Post Falls gets Opportunity Zone workforce housing projects

rendering of post falls opportunity zone project
This planned 12-plex project is intended to provide workforce housing in Post Falls’ Opportunity Zone. Rendering courtesy of River Falls Opportunity Fund

POST FALLS – Add Post Falls to the list of Idaho cities with Opportunity Zone projects.

The River Falls Opportunity Fund, managed by Cornerstone Commercial Investments, is run by a father-son team, John M. Nichols and John Steven Nichols. The company has two Opportunity Zone 12-plex workforce housing projects and is working on a third.

“They solve a big problem in areas that are growing,” John S. said. “All these people have to live somewhere,” John M. agreed.

Father and son

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John M. Nichols

The newest project is a 54-unit complex of four 12-plexes and one 6-plex, John S. said. The design, called “mountain modern,” rents in the $900 to $1,150 range. The most recent project is slated to begin construction this spring, with a 12- to 15-month build time, John M. said.

Completed projects have been received well, John S. said.

“We only have four left, and they’ve only been out for three weeks, in the middle of winter,” he said. “We’re surprised at how well it’s been received. The worst time to rent anything is December, January and February, but the need is so great that it doesn’t matter what time.”

Why? Blame Californians, but not just them.

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John Steven Nichols

“The market is attracting a lot of people from the coast – Seattle, Portland and California,” said John S.

The company is seeing particular interest in two-bedroom, two-bathroom units, John S. said.

“We’re seeing a high demand because of the retirement population moving here,” he said, particularly if they want a spare bedroom for visiting children. “They like to have a little more space.”

Families, too, are interested in two-bathroom units. “It’s more difficult for a family to move into a 2/1 and share the bathroom,” he said.

In particular, units are drawing from Basic Police Academy in Post Falls, provided by North Idaho College, because two roommates can share one unit.

“They’re spacious enough, with a modern design, and are appealing to people moving to the area,” John S. said.

Housing is so tight that students are living with faculty and staff, he said.

“If there was any kind of student we would want, it would be law enforcement students,” said John M. “There’s no place for them to live.”

Financing

The company is financing the projects through a combination of syndicated investors and bank financing. The most recent property is open only to accredited investors, with a minimum investment of $100,000.

“Most people who have gains have more than that,” said John M. “Some people have double or triple that.”

Investors in the projects have typically sold a house, duplex or 4-plex and want to take advantage of the scale of a larger project, John S. said.

“A lot of people, they sold something and they’re looking for something to reinvest it in,” he said. “They don’t have the bandwidth to take down a huge project, but they want to be part of a huge project.”

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks. Thus far, two major ones have been announced in Idaho: one in Twin Falls and one in Meridian, though workforce housing projects are also being finalized for Twin Falls and McCall.

Investors needed to be involved in an Opportunity Zone by Dec. 31 to get full tax advantages, but the majority of the exemptions still apply.

“It’s interesting how different cities approach it,” said John S. While Spokane uses most of the city, some markets haven’t used Opportunity Zones at all, he said.

“Nationwide, there’s a lot of investment in these markets,” he said. “It’s a missed opportunity for cities to embrace these benefits. When they started doing this, nobody understood it because it was so new. It’s bringing more capital investment and growth and activity, and we’ve seen great results.”

Opportunity Zone regulations get final revision

rendering of meridian opportunity zone project
An artist’s rendering of the future Old Town Lofts Opportunity Zone project in downtown Meridian. Photo courtesy of City Center Redevelopment

The Internal Revenue Service and Department of the Treasury have issued what are expected to be the final regulations for Opportunity Zones.

The new regulations were issued on Dec. 19 and comprise more than 500 pages in length.

“For us, it has not changed any of our plans or projects,” said Dan Fullmer, chief investment officer and chief development officer for Galena Opportunity Inc., a Boise-based organization that has funded most of the Opportunity Zone projects in Idaho. “It is exactly what we thought they would do when they finalized it.”

Details

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Daniel Fullmer. Photo by Sharon Fisher

One change will give Opportunity Funds more time to complete projects.

“The final rule provides Opportunity Funds with 62 months to deploy their capital, a two-fold increase over the 31 months allotted in the initial rules,” said Jerry Miller, economic development specialist with the Idaho Department of Commerce, in an email message.

Another change addresses an issue that had concerned historic preservationists. Because existing buildings required a large investment to count, they worried that it would be easier for developers to tear such buildings down and rebuild them rather than renovate them. But the new rules reduce that likelihood.

“Buildings vacant one year prior to or three years after the designation of the Opportunity Zones are no longer subject to the ‘substantial rehabilitation test,’” Miller said. “For properties subject to the ‘substantial rehabilitation test,’ both structural improvements and items that enhance the functionality of a property can be counted towards meeting the test.”

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Jerry Miller

For example, for properties with brownfield issues – that is, where there is concern about real or perceived contamination – property clean-up and mitigation costs now count towards meeting the “substantial rehabilitation test,” Miller said.

In addition, Opportunity Funds looking to make business investments can now count intangible property as an asset provided that the software, license or patent is customary for that industry and contributes to the generation of gross revenues, Miller said.

Finally, the new rules make it easier for investors to move their capital gains into Opportunity Funds, Miller said. The final rules provide more flexibility for investors moving dollars from Section 1231 properties, partnerships and investments paid out in installments, he said.

A little bit of sinning

Other regulations that had prohibited Opportunity Zones’ use for “sin businesses” have been liberalized to allow for a little bit of sinning, noted Jonathan McGuire, CPA and senior tax manager at Real Estate for Aldrich CPA, a Salem, Oregon, accounting firm.

“For example, an athletic club could include a tanning bed and a place for massage as an amenity,” McGuire wrote in an analysis of the regulations. “As long as it doesn’t occupy a significant portion of the club and doesn’t account for a 5% portion of revenue, these would be deemed de minimis and not disqualifying the entire business. Additionally, a grocery store that sells alcoholic beverages may also still qualify if the space and income meet the 5% test.”

John Lettieri, president and CEO of Economic Innovation Group, a Washington, D.C.-based research organization, said the updates provide “much-needed clarity for communities and investors alike and will facilitate stronger levels of investment across a range of local needs in designated communities.”

“The final rules include several significant improvements designed to make it easier to use Opportunity Zones for the purposes Congress intended,” he said.

The regulations are scheduled to go into effect 60 days after publication in the Federal Register.

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks. Thus far, two have been announced in Idaho: one in Twin Falls and one in Meridian, though workforce housing projects are also being finalized for Twin Falls and McCall.

Investors needed to be involved in an Opportunity Zone by Dec. 31 to get full tax advantages, but the majority of the exemptions still apply.

Opportunity Zones boost home prices, study shows

rendering of meridian opportunity zone project
An artist’s rendering of the future Old Town Lofts Opportunity Zone project in downtown Meridian.
Courtesy of City Center Redevelopment

Housing prices in Opportunity Zones are generally trending up, according to a new study of the program, which aims to help disadvantaged areas.

About half the zones with at least five sales saw median home prices rise more than the national increase of 8.3% from the third quarter of 2018 to the third quarter of 2019, according to ATTOM Data Solutions, which generates property sales data, in a press release.

“The report also shows that 79% of the zones had median home prices in the third quarter of 2019 that were less than the national median of $270,000 – almost the same percentage as in the second quarter of 2019,” the organization noted. “Some 46% of the zones had median prices of less than $150,000, also roughly the same as in the prior quarter.”

In other words, home prices were rising throughout the country, and home prices in Opportunity Zones, even if they were in depressed areas, were no exception, the organization said.

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks.

Opportunity Zone house pricing in Idaho

Only 11 of Idaho’s 28 Opportunity Zones had enough home sales to be studied: Two in Ada County, three in Canyon County, two in Latah County, two in Twin Falls County and one each in Gooding and Idaho Counties. Generally, their sales figures reflected those in the rest of the country, with year-over-year percent increases ranging from 44.7% in the downtown Twin Falls Opportunity Zone to 2.1% in the Ada County Opportunity Zone located in downtown Meridian.

On a quarter-over-quarter basis, however, figures for both Opportunity Zones in Latah County and the Parma one in Canyon County decreased from Q2 to Q3 – 6.9% and 6.6% in Latah and 14.8% in Canyon County.

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Patricia Nilsson

But people shouldn’t take that as a concern, said Patricia Nilsson, development services director for Canyon County, in Caldwell. “I don’t see any general trends; it’s just reflective of the specific houses that sold,” she said.

In addition, Parma hasn’t been able to issue building permits for new construction until recently due to issues with its sewer, she said.

Similarly, in a number of quarters, Latah County didn’t have enough sales to qualify for a number of quarters, so the decrease could be affected by the specific properties for sale.

Opportunity Zone development in rural Canyon County

Rural Canyon County is also showing Opportunity Zone development, said Tina Wilson, executive director of the Western Alliance for Economic Development.

The Kerry Hill Winery, near Wilder, is a vineyard with a newly constructed $1 million tasting room, and owner Mindy Mayer said she is working with her attorney and accountant to use Opportunity Zone tax advantages to help pay for it, using sales of stocks and bonds, she said. “I lucked out and fell into it,” she said. “I wouldn’t have known about this if Tina hadn’t told me.”

Second, a potential biogas energy plant in Parma that would use an anaerobic digester to create biofuel is located in an Opportunity Zone. The major investor in the $100 million project, which is slated to create 40 jobs, is a global company, so it might not need Opportunity Zone tax advantages to finance the project, Wilson said.

Legislative opposition

At the same time, the program continues to face Congressional opposition. Sen. Ron Wyden, D-Oregon, introduced legislation on Nov. 6 to tighten the requirements for Opportunity Zones, disqualifying those considered contiguous to disadvantaged census tracts rather than being disadvantaged themselves. That would disqualify a number of Opportunity Zones already designated, including two in Idaho: the New Meadows tract and a tract near Orofino, in Clearwater County.

More recently, Rep. Rashida Tlaib, D-Michigan, introduced legislation on Nov. 22 that would repeal the program entirely. She criticized the program in a press release as benefiting billionaires rather than the poor people it was supposed to help.

Galena to develop eight more Opportunity Zone projects in Idaho

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An artist’s rendering of the previous Twin Falls Opportunity Zone project. Image courtesy of city of Twin Falls

Galena Opportunity Fund, which has funded both of the Opportunity Zone projects in Idaho, has eight more Opportunity Zone projects coming down the pipeline, including one to provide workforce housing in McCall.

“We will do three projects [that are] housing-related in Twin Falls, two as market rate and one as low-income,” said Daniel Fullmer, director of investor relations of the Boise-based company, in an email message. “We will do a McCall project.”

The company is also planning a school as part of one of the projects, he said.

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Daniel Fullmer. Photo by Sharon Fisher

Fullmer wouldn’t provide further details, but both of the projects the company has signed on for so far are mixed-use downtown projects, and the company has said in the past that it is particularly interested in workforce housing.

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Nathan Murray

The Twin Falls project is another mixed-use project, north of Main Street, near City Park and the Library, confirmed Nathan Murray, director of economic development and urban renewal for Twin Falls, in an email message. It is not yet ready to be formally announced, he said.

Other Opportunity Zone projects

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks. Thus far, two have been announced in Idaho: One in Twin Falls and one in Meridian, both funded by Galena.

McCall – low on workforce housing, particularly with the popularity of short-term rentals – has one Opportunity Zone covering a large swathe of Valley County, including Donnelly and McCall, and another with a chunk of Adams County, including New Meadows, though that Opportunity Zone is at risk of being decertified if legislation proposed by Sen. Ron Wyden, D-Oregon, passes.

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Andrew Mentzer

Andrew Mentzer, executive director of the West Central Mountains Economic Development Council, confirmed that there are projects in the pipeline, but said he couldn’t comment on them.

Downtown McCall. File photo

Affordable housing

Affordable housing – defined by the federal government as housing geared toward people earning 80 percent of less of median income, as defined each year by the Department of Housing and Urban Development – can actually be more expensive to develop than workforce housing because of the governmental regulations involved, said Coni Rathbone, partner at Portland-based Dunn Carney LLP, who leads its Opportunity Zone practice and met with Galena earlier this month.

“People who build affordable housing can translate over to workforce housing because it’s the same basic product without all the regulatory overlay,” she said.

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Coni Rathbone

Opportunity Zones aren’t just for big developers, Rathbone pointed out.

“Two residential brokers can find a property for multifamily housing and bring in five friends for capital gains, just as well as a $300 million offering in Portland,” she said. “That’s the real strength of the program. Everyone can have a capital gain. You can have $25,000 you want to invest.”

About Galena

Galena Opportunity Fund – one of three such funds thus far that has indicated it plans to invest in Idaho – was created last year and intends to raise $250 million this year from accredited investors, Bill Truax, president of the company, has said. He has said that he is particularly interested in areas like Twin Falls and Pocatello, which might otherwise fly under the radar of investors from major cities like San Francisco or Los Angeles.

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Bill Truax

An example of the sort of project Truax’s fund would invest in would be a 100,000-square-foot building near an urban employment center, with 15,000 square feet of retail, 5,000 square feet of office, and 80,000 square feet of residential, with an internal rate of return of 20 to 25 percent, Truax said earlier this year.

Investors are running up against a Dec. 31 deadline for taking full advantage of the Opportunity Zone program’s tax break, but other tax breaks will still apply even after that date.

Idaho Opportunity Zones get new interest, challenges

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A New Meadows Opportunity Zone that could hold workforce housing, like this 40-acre campground Brundage Mountain Resort bought for the purpose, could lose its designation. File photo

As an important deadline approaches, Idaho’s Opportunity Zones are getting more attention from inside and outside the state. At the same time, the state could lose two of its 28 Opportunity Zones.

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks. Thus far, two have been announced in Idaho: One in Twin Falls and one in Meridian.

Other potential Opportunity Zone projects include two workforce housing projects, one in Twin Falls and one in the McCall area. The latter region – short on workforce housing, particularly with the popularity of short-term rentals – has one Opportunity Zone covering a large swathe of Valley County, including Donnelly and McCall, and another with a chunk of Adams County, including New Meadows.

Andrew Mentzer, executive director of the West Central Mountains Economic Development Council, said he couldn’t comment on potential Opportunity Zone development there.

Funding Opportunity Zone projects

Idaho has three Opportunity Zone funds, which help produce the projects. One is Boise-based Galena Opportunity Fund, the only one based in Idaho, which is behind both Idaho Opportunity Zone projects.

Two other Opportunity Zone funds have been formed that intend to operate in Idaho, among other states, according to a directory produced by the National Council of State Housing Agencies (NCSHA), a nonprofit, nonpartisan organization. Neither fund has announced Idaho projects yet, and neither responded to press inquiries.

New Opportunity Zone investment

Coni Rathbone

A Portland legal firm is planning to expand into Idaho, said Coni Rathbone, partner at Dunn Carney LLP, who leads its Opportunity Zone practice.

“We’re building a vacation home in Eagle, and I work wherever I am,” she said.

Raised in Weiser, Rathbone recently visited Idaho, leading two classes on Opportunity Zones, visiting Greater Boise sites and meeting with Galena Opportunity Fund.

“My guess is I’ll work my way to working with them,” she said, though she expected her company would be creating Opportunity Zone funds as well.

An area of particular interest to the company is workforce housing, Rathbone said. “We’re putting together a program to pair workforce housing in Opportunity Zones,” she said.

The problem is it doesn’t pencil out well, but the 3% return investors can make on Opportunity Zones helps with the 3% to 5% return workforce housing can make, she said. “If they have a mission toward workforce housing, and get an additional 3%, that can make it work,” she said.

Dunn Carney also has an agricultural practice, which Rathbone said she expected to be able to leverage in Idaho.

“Rural areas are starting to be curious about this program,” she said.

Opportunity Zones are running up against a Dec. 31 deadline, but Rathbone said investment was still worthwhile after that.

“If you invest by the end of the year, then in 2026 you get a 15% step up,” she said. “After this year, you get a 10% step up. That’s the only benefit you lose.”

Could Idaho lose Opportunity Zones?

However, the Opportunity Zone program has come under some criticism that it isn’t helping the poor areas it was intended to support and is instead helping areas that are already gentrifying. Sen. Ron Wyden, D-Oregon, introduced legislation on Nov. 6 to tighten the requirements for Opportunity Zones, which would also disqualify a number of Opportunity Zones already designated.

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Brady Meixell

Wyden’s office wasn’t sure whether any Idaho tracts would be disqualified, but two organizations said Idaho had two zones considered contiguous to disadvantaged census tracts rather than being disadvantaged themselves. That would be the New Meadows tract and a tract near Orofino, in Clearwater County, sponsored by the Nez Perce Tribe, said Brady Meixell, research assistant at the Metropolitan Housing and Communities Policy Center. Economic Innovation Group, a Washington, D.C. –based bipartisan public policy organization, also indicated that those two Idaho Opportunity Zones would be candidates for disqualification.

Meridian approves state’s second Opportunity Zone project

The Meridian City Council and the Meridian Development Corp., the city’s urban renewal agency, have agreed to accept a proposal for downtown Meridian that would result in the state’s second Opportunity Zone project, in response to a request for proposal (RFP) the city issued earlier this year.

The first, in Twin Falls, was announced in August.

Opportunity Zones, a community development program established by Congress in the 2017 Tax Cuts and Jobs Act, are intended to encourage long-term investment in low-income urban and rural communities through tax breaks.

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Bill Truax

“The short story is that without the Opportunity Zone, we would not have entered an application under this RFP,” said Bill Truax, president of the Boise-based Galena Opportunity Fund, the only Opportunity Zone fund based in Idaho, which is also funding the Twin Falls project.

Background

This summer, Meridian asked developers to submit proposals for a new community center, park and parking garage on a city-owned site downtown. Meridian offered $4 million to pay for development and construction on the parcel, bordered by 2nd, 3rd and Idaho streets and Broadway Avenue.

Galena, the only developer to submit a proposal, proposed tearing down the current community center building and Centennial Park and rebuilding them as part of a combined community center and potential charter school for $13 million. The charter school portion of the project is a concept only and may change, said Tom Sheldon, an architect with GGLO Design of Seattle, which is working on the project with Galena.

New urban renewal district

The project would be funded by Meridian. Of the total cost, $4 million would come from the city directly, with the rest through creating an urban renewal district. The developers would fund the project up front and be reimbursed by urban renewal funds over time.

Galena said it needed the urban renewal district to fund the project, and the city agreed that without the urban renewal district, the community center will not be built. The proposed district would encompass six acres of land adjacent to the community center where Galena plans to build the Meridian Station project, which would include apartments, office and retail space.

Urban renewal districts make money through tax increment financing or revenue allocation. The district doesn’t raise taxes, but the tax yield on any growth in the defined district would go to the urban renewal agency to pay for projects developed in that area. Critics say that means other citizens and businesses have to pick up the slack to provide services such as police and fire protection for the district.

Aaron Elton, chief financial officer of the Galena Opportunity Fund, told the council he expects Meridian Station to generate $18 to $19 million in tax-increment revenue if the new district is created, part of which would go to pay back the costs of the community center.

But what about the old urban renewal district?

Galena’s community center project and Meridian Station project already fall within the existing downtown urban renewal district, set to expire in December 2026. Galena argues that the district expires too soon for it to accumulate enough tax-financing to support the community center.

To create a new district for the Galena parcels, the city would need to de-annex, or remove, the parcels from the current downtown urban renewal district. Next, it would need to vote to create a new, separate urban renewal district, which would require a study to demonstrate that the area is eligible to be an urban renewal district, as well as multiple rounds of public involvement ahead of any final vote.

Meridian did not commit to creating an urban renewal district ahead of that process and added a condition that Galena would have to pay the costs associated with de-annexation and creation of the new urban renewal district. Galena also has to give Meridian enough time for this process, the city added.

The Twin Falls Opportunity Zone project Galena is financing also leverages an urban renewal district.

Idaho Business Review reporter Sharon Fisher contributed to this report. 

Investors poised to leverage Idaho Opportunity Zones

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Meridian’s old city hall, located at Meridian and Pine, is within its Opportunity Zone. File photo.

There aren’t any Opportunity Zone projects in Idaho yet, but a fund has been formed to raise up to $250 million to develop them.

Opportunity Zones are a community development program established by Congress in the 2017 Tax Cuts and Jobs Act. They are intended to encourage long-term investment in low-income urban and rural communities by offering tax breaks.

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Clay Karwisch

While some states already have projects, Idaho doesn’t yet, and the clock is ticking, said Clay Karwisch, an attorney with Holland & Hart in Boise, who spoke at a recent Urban Land Institute meeting on the subject. For example, some tax breaks are predicated on investing money for seven years by 2026, so this year is the last people could invest and still get that break, he said.

“Every day that goes by, that deferral is a little less valuable,” he said.

That’s where the Galena Opportunity Fund comes in, which thus far is the only Opportunity Zone fund that intends to operate in Idaho, according to a directory produced by the National Council of State Housing Agencies (NCSHA). NCSHA is a nonprofit, nonpartisan organization created by the nation’s state Housing Finance Agencies more than 40 years ago to coordinate and leverage federal advocacy efforts for affordable housing.

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Bill Truax

The fund was created last year and intends to raise $250 million this year from accredited investors, said Bill Truax, president of Boise-based Galena Opportunity Inc. He is particularly interested in looking in areas like Twin Falls and Pocatello, which might otherwise fly under the radar of investors from major cities like San Francisco or Los Angeles.

“The market demand in rural areas is often greater than or equal to Boise,” Truax said. The result is that the cap rate — short for capitalization rate, or the rate of return on a real estate investment property based on the income that the property is expected to generate — can be 6 to 7 percent in rural Idaho, compared with 5.75 percent in Boise and as low as 4 percent in San Diego, he said.

An example of the sort of project Truax’s fund would invest in would be a 100,000-square foot building near an urban employment center, with 15,000 square feet of retail, 5,000 square feet of office, and 80,000 square feet of residential, with an internal rate of return of 20 to 25 percent, he said.

Regions in Idaho that have been named Opportunity Zones are eager to get going.

Tammy de Weerd

“Our Opportunity Zone is ready for investment, and we are ready to talk about it!” said outgoing Meridian Mayor Tammy de Weerd, during her State of the City speech earlier this month.

Meridian’s Opportunity Zone is north of Highway 84 to Fairview, from Meridian Road to Cloverdale.

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Nathan Murray

Twin Falls is working on two housing projects for its Opportunity Zone, located downtown, which it hopes to finalize in March, said Nathan Murray, economic development director. One is a three- to four-story project with 24 units and ground level commercial, the other is a few blocks away with workforce housing. The city is layering Opportunity Zone funding with New Market Tax Credit funding, as well as urban renewal funds to provide utilities, he said.

Wilder and Parma each have an Opportunity Zone, and both cities are desperate for housing and have capacity in their water and sewer systems for development, said Tina Wilson, executive director of the Western Alliance for Economic Development.

To help, the Department of Commerce is developing a website to make it easier for investors to find projects in Idaho Opportunity Zones by creating a separate page for each zone.

“The one-pagers will include contact information, statistics and information about the zone, as well as key investment site information identified by the zone’s economic development contacts,” said Taylor Walker, public information specialist.

She couldn’t say when they would be completed, but they will be hosted on the department’s website when they were done.