Docket 20-0402-2301
Objective of Rule
IDAPA 20.04.02
The Idaho Department of Lands administers IDAPA 20.04.02, Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws under the authorities of the Idaho Forestry Act (Title 38, Chapter 1, Idaho Code) and Fire Hazard Reduction Programs (Title 38, Chapter 4, Idaho Code).
This rule sets standards for reducing or mitigating the fire hazard created by the harvesting of forest products or potential forest products during forest operations. The rule describes the Certificate of Compliance-Fire Hazard Management Agreement required by 38-122 for anyone about to engage in cutting forest products. It provides for management of the subsequent fire hazards created through a bonding process in accordance with 38-122, 38-404 and 38-405 and details metrics for quantifying and mitigating those hazards.
Following Executive Order 2020-01, Zero Based Regulation, this rule chapter is scheduled for a comprehensive review in 2024 with the goal of simplifying the rules for increased clarity and ease of use.
Quick Reference
Current Status
Pending Rule approved within Senate Concurrent Resolution 113 by the Idaho Legislature. Final rules effective July 1, 2025.
Pending Rulemaking
Section 67-5201(19) of the Idaho Code defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review before becoming final and effective. It is, therefore, ‘pending’ legislative review for final approval. After the agency adopts the pending rule and publishes it in the Bulletin, this version of the rule is submitted for legislative review and final approval by concurrent resolution of the legislature.
Land Board Memo 10/15/2024 – Adoption of Pending Rule
A Notice of Pending Rulemaking – Adoption of Pending Rule is now published in the December 4, 2024, Idaho Administrative Bulletin Vol.24-12, page 93.
Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective.
Proposed Rulemaking
A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule.
The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing may be held for the public to submit oral comments, and the agency gives written and oral comments the same consideration.
The proposed rule text is redlined (deleted text in blue strikethrough, and new text in red underlined).
- Notice of Proposed Rulemaking and Proposed Rule Text, July 3, 2024, Idaho Administrative Bulletin, pages 172 – 186
- Zero-Based Prospective Analysis Form
Negotiated Rulemaking
Negotiated rulemaking is a process in which all interested parties and the agency seek consensus on the content of a rule. Public meetings are an opportunity for all interested persons to discuss possible changes to the rule, and the public may also submit written comments.
- Notice of Intent to Promulgate Rules – Negotiated Rulemaking October 4, 2023, Idaho Administrative Bulletin, pages 514-515
- Land Board Memo 8/15/2023 – Approval to initiate negotiated rulemaking.
- Zero-Base Prospective Analysis Form (Sections 1,2 and 5)
- Negotiated Rulemaking Summary – May 1, 2024
Tuesday, Oct. 10, 2023 – 5pm to 6pm (PT)
Agenda
Presentation
Participant List
Meetings Notes
Idaho Department of Lands, Coeur d’Alene Staff Office, Sundance Room
3824 W Industrial Loop
Coeur d’Alene, ID 83815
To attend by Teams:
Click here to join the meeting
Meeting ID: 227 783 468 761
Passcode: hKCmxn
Download Teams | Join on the web
To attend by telephone call:
1 469-998-7393
Phone Conference ID: 127 613 129#
Wednesday, Oct. 11, 2023 – 7pm to 8pm (MT)
Agenda
Presentation
Participant List
Meeting Notes
Evergreen Hotel McCall, Western Larch Room
210 N. Third Street
McCall, ID 83638
To attend by Teams:
Click here to join the meeting
Meeting ID: 264 100 652 596
Passcode: vMK9kq
Download Teams | Join on the web
To attend by telephone call:
1 469-998-7393
Phone Conference ID: 310 381 629#
Draft #1
Date Posted: 10/10/2023
Meeting Discussion: 10/10/2023 and 10/11/2023
Written Comment Deadline: 11/17/2023
Draft #2
Date Posted: 02/02/2024
Written Comment Deadline: 02/22/2024
Draft #3
Date Posted: 4/3/2024
Written Comment Deadline: 4/15/2024
Draft #3 (Corrected)
Date Posted: 04/12/2024
Written Comment Deadline: 04/17/2024
Response to written and verbal comments on Draft Text #3
Kristy Tucker with Potlatch Deltic – Received 10/31/2023
Wade Semeliss with PotlatchDeltic Corporation – Received 2/21/2024
Shawn Keough, Associated Logging Contractors, Inc. – Received 2/22/2024
Mark Boyle, DEQ Smoke Management – Received 2/22/2024
Materials will be posted when available.
Submit Written Comments
How to send your comments:
By email to: rulemaking@idl.idaho.gov
Through our website: Submit a comment
By mail to:
Idaho Department of Lands – CDA staff office
Attn: Josh Harvey – Rulemaking
3284 W. Industrial Loop
Coeur d’Alene, ID 83815
Fax: (208)769-1524
Contact
Josh Harvey
Fire Management Chief
Forestry and Fire Division
Idaho Department of Lands