Official Government Website

In general, the Legislature first sets broad policy mandates by passing statutes, then state agencies create more detailed administrative rules based on those statutes. Administrative rules are designed to facilitate the implementation of laws. This process allows for the public and more detailed scientific, economic, or industry expertise to help guide how statutes are implemented by state agencies.

The agency must have rulemaking authority in statute and must follow the Idaho Administrative Procedure Act, which outlines requirements for public participation in the rulemaking process. Idaho’s administrative rulemaking process involves multiple states: negotiated, proposed, pending, and final.

Idaho’s Administrative Rules Process

Public participation in 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.

Public participation in 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. A notice and the text of the proposed rule will be published in the Idaho Administrative Bulletin. 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.

Legislative review of pending rule:
After considering all comments on the proposed rule, the agency may adopt a pending rule. Pending rules are not enforceable; they are pending legislative review before becoming final and effective.

Final rule:
After legislative review and approval, administrative rules that have been promulgated in accordance with the Administrative Procedure Act are considered final rules and have the full force of law. The Office of the Administrative Rules Coordinator codifies final rules in the Idaho Administrative Code.

Temporary rule:
A temporary rule may be effective immediately upon adoption, does not require public participation, and expires at the end of the next regular legislative session. A temporary rule may be adopted only when the governor finds that it is necessary to protect the public health, safety, or welfare of the citizens of Idaho, confer a benefit, or to comply with deadlines in governing law or federal programs.

Contact

Amy Johnson
Rulemaking Coordinator
Boise Staff Office
208-334-0255
rulemaking@idl.idaho.gov


IDL Current Rulemaking


Additional Resources

Idaho Administrative Rules

What’s New in Rulemaking In Idaho

In 2020, Governor Brad Little signed Executive Order 2020-01: Zero-Based Regulation. This executive order establishes an ongoing review process for existing rules.

Agencies must review their existing rules according to the Zero-Based Regulation 5 Year Review Schedule set by the Division of Financial Management. The schedule is to ensure the volume of rules reviewed in any given year is such that the public can engage and provide meaningful input in any individual rulemaking.

Schedule

Following is the schedule to review the rules of the Idaho Department of Lands.

Year for RulemakingYear for Legislative ReviewAdministrative Rule
20212022IDAPA 20.02.01 — Rules Pertaining to the Idaho Forest Practices Act
Go to webpage for this rulemaking 20-0201-2101
20212022IDAPA 20.03.09 — Easements on State-Owned Submerged Lands and Formerly Submerged Lands
Go to webpage for this rulemaking 20-0309-2101
20212022IDAPA 20.06.01 — Rules of the Idaho Board of Scaling Practices
Go to webpage for this rulemaking 20-0601-2101
20222023IDAPA 20.02.14 — Rules for Selling Forest Products on State-Owned Endowment Lands
Go to webpage for this rulemaking 20-0214-2201
20222023IDAPA 20.03.17 — Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands
Go to webpage for this rulemaking 20-0317-2201
20232024IDAPA 20.01.01 — Rules of Practice and Procedure Before the State Board of Land Commissioners
20232024IDAPA 20.03.01 — Rules Governing Dredge and Placer Mining Operations in Idaho
20232024IDAPA 20.03.03 — Rules Governing Administration of the Reclamation Fund
20232024IDAPA 20.03.05 — Riverbed Mineral Leasing in Idaho
20242025IDAPA 20.03.13 — Administration of Cottage Site Leases on State Lands
20242025IDAPA 20.03.14 — Rules Governing Grazing, Farming, Conservation, Noncommercial Recreation, and Communication Site Leases
20242025IDAPA 20.03.15 — Rules Governing Geothermal Leasing on Idaho State Lands
20242025IDAPA 20.03.16 — Rules Governing Oil and Gas Leasing on Idaho State Lands
20242025IDAPA 20.07.02 — Rules Governing Conservation of Oil and Natural Gas in the State of Idaho
20242025IDAPA 20.04.01 — Rules Pertaining to Forest Fire Protection
20242025IDAPA 20.04.02 — Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws
20252026IDAPA 20.03.02 — Rules Governing Mined Land Reclamation
20252026IDAPA 20.03.04 — Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho
20252026IDAPA 20.03.08 — Easements on State-Owned Lands

ver: 3.5.1a | last updated:
Jump back to top of page button