Rulemaking for IDAPA 20.04.02

Docket 20-0402-2301

Objective of Rule

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.

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

Comments
Wade Semeliss – Received 7/24/2024

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

Public Meetings

Draft Rule Changes

Written Comments

Research Materials