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Encroachments

fish text cloud image Prior to building an encroachment (ex., dock, marina, or shoreline stabilization) on a navigable lake, an encroachment permit from the Idaho Department of Lands (IDL) is required under the Lake Protection Act, Idaho Code, Title 58, Chapter 13 and IDAPA 20.03.04, Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho

Encroachments on navigable lakes are regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment.  Idaho Code §58-1301.

Permitting Process

  1. Applicant completes and submits an application packet to the Supervisory Area Office, which includes: 
  2. IDL reviews application. IDL will notify applicants if additional information is needed to process the application. 
  3. The type(s) of encroachments listed in the application determine the type of comment period:
    • For noncommercial navigational encroachments within the line of navigability (ex. single-family docks), IDL provides a notice of application to the adjacent waterfront owners. If a neighbor submits an objection, and an agreement cannot be reached, IDL will hold a formal administrative hearing.
    • For all other types of encroachments, IDL publishes a notice of application in the local newspaper and provides a notice of application to the adjacent waterfront owners and various government agencies.  If requested, IDL will hold a public hearing to solicit comments to determine if the encroachment(s) meet the relevant standards.     
  4. If the proposed encroachment meets all standards, IDL issues a permit. 
  5. Permittee records the permit with the county recorder’s office. 
  6. Permittee constructs the encroachment. 
  7. Permittee files a work completion report with IDL. 
  8. IDL inspects the encroachment to verify compliance with the permit terms and standards.

Standards for Encroachments

Please view the following brochures for help understanding requirements for specific encroachment types:

The permitting process and encroachment standards are found in the following statute and rule:

  • Notice: IDAPA 20.03.04 is currently undergoing rulemaking. More information can be found on the IDL Rulemaking page.
  • A Submerged Land Easement from IDL may be required as a condition to an encroachment permit.
  • A Water Right Permit from the Idaho Department of Water Resources is required to draw water from surface water sources. For more information visit idwr.idaho.gov.
  • A permit from USACE is also required for water lines on Lake Pend Oreille and Bear Lake. For more information, please visit nww.usace.army.mil
  • A flood plain insurance plain authorization may be required from your county.

Buying or selling lakefront property with an encroachment on the lake

To avoid delays at closing, make sure there is an encroachment permit for all encroachments on the lake adjacent to the property for sale.  Also, make sure the encroachments comply with the terms of the permit.  If there is a discrepancy, please contact your local Supervisory Area Office to help identify the necessary corrective actions.  Encroachment permits may be assigned to the new owner property upon approval by IDL. 

An application and $300 fee is required. 

Contacts

Department Contact – Boise Staff Office

Andrew Smyth, Program Manager
Public Trust Lands
(208) 334-0248
asmyth@idl.idaho.gov

For questions specific to a lake, contact the nearest Supervisory Area




Additional Information

Boats and Vessels
IDL does not regulate boats/vessels (including any requirements for vessels to be illuminated), temporarily anchored boats, boating safety, or boat traffic. Those responsibilities may belong to the county government (sheriff), Idaho Department of Parks and Recreation (IDPR) as the administrator of the Idaho Safe Boating Act, or federal entities.

Stream Channel Protection Program
Dock permits on free-flowing rivers are handled by the Idaho Department of Water Resources through its Stream Channel Protection Program.


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