Trusted stewards of Idaho's resources, from main street to mountain top

Public Trust: Rulemaking for IDAPA 20.03.04
DOCKET: 20-0304-1901

Rules Governing the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho

On this page:

STATUS OF RULEMAKING | DOCUMENTS REQUIRED | OVERVIEW | PROPOSED RULEMAKING SCHEDULE
NEGOTIATED RULEMAKING SCHEDULE | DRAFT NEGOTIATED RULE | WRITTEN PUBLIC COMMENTS


Status of Rulemaking

Pending fee rule adopted by the Land Board on October 17, 2019, to be final and effective upon adjournment of the 2020 legislative session if approved by the Idaho Legislature.

Documents Required by Idaho Administrative Procedure Act

Notice of Rulemaking Proposed Rule Administrative Bulletin Volume 19-9, September 4, 2019 - Page 367

Summary of Negotiated Rulemaking (pdf)

Notice of Intent to Promulgate Rules Administrative Bulletin Volume 196, June 5, 2019 - Page 64

Overview

All funding used to manage the beds of navigable waterways comes from the fees and rent collected from the use of these lands; no general tax dollars support this work. The costs for processing encroachment permit applications for single-family docks, two-family docks, water-intake lines, and assignments exceed the current application fees collected. The Idaho Department of Lands (IDL) is considering raising the fees for these four types of applications to ensure fees cover the respective processing costs. IDL is also considering potentially removing the fee schedule from the rules to have encroachment permit fees set by the Land Board within the limitations provided in Section 58-1307, Idaho Code.

In addition, Section 58-1305, Idaho Code, does not specify who should provide notice of application to adjacent property owners for all noncommercial navigational encroachments. IDL is considering changing the rules to prescribe that the department shall provide notice.

Proposed Rulemaking Schedule

PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: September 4-25, 2019
IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.

PUBLIC HEARING
Monday, September 16, 2019, 10:00 a.m. MDT Boise, ID | Agenda (pdf) | Sign-in Sheet (pdf)
Idaho State Capitol Building, 4th floor, Majority Caucus Room (W-433)
700 West Jefferson Street, Boise, Idaho 83702  

Negotiated Rulemaking Schedule

NEGOTIATED RULEMAKING PUBLIC COMMENT PERIOD: June 5 through July 12, 2019
IDL encourages public participation by either attending any of the following scheduled negotiated rulemaking public meetings or providing written comments to IDL during the open comment period.

NEGOTIATED RULEMAKING PUBLIC MEETING SCHEDULE

Wednesday, June 12, 2019, 5:00 p.m. MDT Pocatello, ID | Agenda (pdf) | Sign-in Sheet (pdf)
Idaho State University, Student Union Building, Salmon River Suite (located on 3rd Floor)
1065 Cesar Chavez, Pocatello, ID 83209
Campus Map (pdf)  

Monday, June 17, 2019, 5:00 p.m. PDT Sandpoint, ID | Agenda (pdf) | Sign-in Sheet (pdf)
Bonner County Administrative Building, 1st Floor Conference Room
1500 Highway 2, Sandpoint, Idaho 83864  

Tuesday, June 18, 2019, 5:00 p.m. PDT Coeur d'Alene, ID | Agenda (pdf) | Sign-in Sheet (pdf)
IDL Coeur d'Alene Office, Sundance Conference Room
3284 W Industrial Loop, Coeur d'Alene, ID 83815  

Wednesday, June 19, 2019, 5:00 p.m. MDT McCall, ID | Agenda (pdf) | Sign-in Sheet (pdf)
Idaho First Bank, Basement Conference Room
475 Deinhard Lane, McCall, ID 83638  

Thursday, June 20, 2019, 5:00 p.m. MDT Boise, ID | Agenda (pdf) | Sign-in Sheet (pdf)
Idaho State Capitol Building, 4th floor, Majority Caucus Room (W-433)
700 West Jefferson Street, Boise, Idaho 83702
  Rulemaking presententation shown at June 12 - June 20 sessions. (pdf)
  Rulemaking handout provided at June 12 - June 20 sessions. (pdf)  

IDL may schedule additional negotiated rulemaking meetings or cancel previously scheduled meetings contingent upon the outcomes obtained on issues arising from these negotiation proceedings.

Draft Negotiated Rule and Related Documents

Draft Negotiated Rule
Date Posted
   
Draft Rule Text No. 1 (pdf) 06/11/2019

Written Public Comments on Draft Negotiated Rule

Submitted by
Date Received
   
Wild Idaho Rising Tide, Helen Yost (pdf)
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07/12/2019
   

Contacts

  • Andrew Smyth
    Public Trust Program Manager
    IDL Boise Staff Office
    208-334-0248 Phone
    asmyth@idl.idaho.gov
To subscribe to email updates about this rulemaking, please contact us at rulemaking@idl.idaho.gov. Please specify IDAPA 20.03.04.

Submit Public Comments

  • Through IDL web site here
  • By e-mail to rulemaking@idl.idaho.gov
  • By mail to:
    Idaho Department of Lands
    Attn: Andrew Smyth - Rulemaking
    300 N. 6th St., Suite 103
    Boise, ID 83702
  • By fax to: 208-334-3698