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Fire: Rulemaking for IDAPA 20.04.01
DOCKET 20-0401-1701

Rules Pertaining to Forest Fire Protection

Status of Rulemaking

Proposed rule open for public comment August 1 through 22, 2018. Public hearings are scheduled from 5 to 7 p.m. on August 7 in McCall, August 8 in Orofino, and August 9 in Coeur d’Alene.

Documents Required by Idaho Administrative Procedure Act

Proposed Rule and Notice - Administrative Bulletin Volume 18-8, August 1, 2018 – page 93

Rule Changes Summary - (pdf)

Notice of Negotiated Rulemaking - Administrative Bulletin Volume 17-10

Overview

IDL is preparing to amend select fire protection standards and introduce new fire protection standards to IDAPA 20.04.01, Rules Pertaining to Forest Fire Protection, specific to forest operation activities conducted on forest lands. During the 2015 fire season, IDL worked with forest landowners, logging contractors, forest industry representatives, and others to develop and implement fire protection best practices to lessen the risk of fire starts from forest operations on forest lands. Post fire season reviews were conducted to discuss the effectiveness of the fire protection best practices and the need to update specific standards in the Rules Pertaining to Forest Fire Protection. After further review of those Rules and follow-up meetings in 2016 and 2017 with fire managers, forest landowners, logging contractors, and forest industry representatives, the Department determined a need to enter into negotiated rulemaking to address certain concerns during closed fire season.

At the conclusion of negotiated rulemaking, the Department determined a need to enter into proposed rulemaking to amend the fire protection requirements for following sections: Spark Arresters; Fire Tools and Fire Extinguishers; and Fire Crews. In addition, the Department will introduce new fire protection requirements for forest operation activities involving cable logging operations and the use of metal tracked harvesters to include on-site water supply, fire watch service and operation area fire prevention practices.

Proposed Rulemaking Schedule

PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: August 1-22, 2018

IDL encourages your participation by either attending any of the following scheduled public hearings or providing your written comments to IDL during the comment period specified above.

IDL memo to logging operators, forest landowners, and fire cooperators regarding Proposed Rulemaking (pdf) - July 24, 2018

PUBLIC HEARINGS

Tuesday, August 7, 2018 from 5:00 pm – 7:00 pm MST
Hunt Lodge – Holiday Inn, 210 N. 3rd Street, McCall, ID

Wednesday, August 8, 2018 from 5:00 pm – 7:00 pm PST
Helgeson Place Hotel Suites, 125 Johnson Ave, Orofino, ID

Thursday, August 9, 2018 from 5:00 pm – 7:00 pm PST
IDL Mica Supervisory Area Office, 3258 W. Industrial Loop, Coeur d’Alene, ID

Negotiated Rulemaking Schedule

NEGOTIATED RULEMAKING PUBLIC COMMENT PERIOD: June 4-22, 2018

IDL encourages your participation by either attending any of the following scheduled Negotiated Rulemaking meetings or providing your written comments to IDL during the comment period specified above. For interested persons wishing to participate in scheduled Negotiated Rulemaking meetings from remote locations, IDL has established the follow Conference Call telephone line with pass code for your use:
1-877-820-7831 / Participant code: 8682870#

PAST NEGOTIATED RULEMAKING PUBLIC MEETINGS

Tuesday, June 12, 2018 from 5:00 pm – 7:00 pm PST
Best Western – Coeur d’Alene Inn, 506 W. Appleway Ave, Coeur d’Alene, ID

Wednesday, June 13, 2018 from 5:00 pm – 7:00 pm PST
Best Western – Rivers Edge, 615 Main Street Orofino, ID .

Thursday, June 14, 2018 from 5:00 pm – 7:00 pm MST
IDL Payette Lakes Supervisory Area Office, 555 Deinhard Ln, McCall, ID

IDL may schedule additional Negotiated Rulemaking meetings contingent upon the outcomes obtained from these negotiation proceedings.

PAST NEGOTIATED RULEMAKING PUBLIC MEETINGS

Initial negotiated rulemaking public comment period was open October 4, 2017, through December 15, 2017

Monday, October 30, 2017, 4:00-7:00 PM PST
Best Western – Coeur d’Alene Inn, 506 W. Appleway Ave., Coeur d’Alene, ID

Wednesday, November 1, 2017, 4:00-7:00 PM MST
Holiday Inn – Hunt Lodge, 210 N. 3rd St., McCall, ID

Thursday, November 2, 2017, 4:00-7:00 PM PST
Best Western – Rivers Edge, 615 Main St., Orofino, ID

Monday, November 13, 2017, 4:00-7:00 PM PST
Best Western – Coeur d’Alene Inn, 506 W. Appleway Ave., Coeur d’Alene, ID

Wednesday, November 15, 2017, 4:00-7:00 PM MST
211 S. 3rd St., McCall, ID

Thursday, November 16, 2017, 4:00-7:00 PM PST
Best Western – Rivers Edge, 615 Main St., Orofino, ID.

Draft Negotiated Rule and Related Documents

Draft Negotiated Rule
Date Posted
Written Comment Deadline
-- -- --
Draft Rule Text No. 1 (pdf) 10/3/2017 12/15/2017
-- --
Summary of Proposed Changes (pdf) 10/28/2017 --
-- -- --
Draft Rule Text No. 2 (pdf) 11/14/2017 12/15/2017
-- -- --
Draft Rule Text No. 3 (pdf) 5/29/2018 6/22/2018

Written Public Comments on Draft Negotiated Rule

Comment
Submitted By
Date Received
-- -- --
Comment (pdf) Georgia Ryan 11/08/2017
Comment (pdf) Dorothy Lee 11/09/2017
Comment (pdf) Cristine May 11/13/2017
Comment (pdf) James Jacobsen 11/13/2017
Comment (pdf) Janis Engwer 11/13/2017
Comment (pdf) Karen (no last name provided) 11/13/2017
Comment (pdf) Robert Brueck 11/14/2017
Comment (pdf) Cris Bent 11/15/2017
Comment (pdf) Todd Wardle 11/15/2017
Comment (pdf) Barry A. Sears 11/17/2017
Comment (pdf) Daniel J. Scott 11/18/2017
Comment (pdf) Mark Wood 11/18/2017
Comment (pdf) Ron & Sandra Clark 11/18/2017
Comment (pdf) Ray Bradley 11/21/2017
Comment (pdf) John Kinne 12/01/2017
Comment (pdf) Shawn Keough 12/13/2017
Comment (pdf) Drew Kirsch 12/14/2017
Comment (pdf) Mark Wood 12/14/2017
Comment (pdf) Sandra Mitchell 12/14/2017
Comment (pdf) Wade Holthaus 12/14/2017
Comment (pdf) Steve Lacey 12/15/2017
Comment (pdf) Shawn Keough, Associated Logging Contractors 06/18/2018

IDL memo to logging operators, forest landowners, fire cooperators (pdf) - 5/14/2018

IDL thank you letter to stakeholders for participating in negotiated rulemaking (pdf) - 12/18/2017

Comments on Proposed Rule

Audio File (MP3 - 10 MB) - This is testimony received at the Orofino public hearing on Aug. 8, 2018. Rich McMillan’s oral comment begins at 7:43. John Larson’s oral comment begins at 9:16.

Comment
Submitted By
Date Received
-- -- --
Comment (pdf) Mark Wood 08/09/2018
Comment (pdf) Riley Stegner & Associates 10/09/2018

Contacts

Submit Public Comments

  • Through IDL web site here
  • By e-mail to comments@idl.idaho.gov
  • By mail to:
    Idaho Department of Lands
    Attn: Rulemaking
    3284 W. Industrial Loop
    Coeur d'Alene, ID 83815
  • By fax to 208-769-1524