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Rules Pertaining to the Idaho Forest Practices Act

Status of Rulemaking

Pending rules approved by the Idaho Legislature. Final rules effective March 31, 2022.

Unofficial strikethrough version of rule changes – Shows changes in legislative format (deleted text in strikethrough, and new text is underlined)

Legislative Review of Pending Rule

The Land Board adopted the pending rules on October 19, 2021, which were reviewed by the 2022 Idaho Legislature.

IDL rule dockets are submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee:

Documents Required by Idaho Administrative Procedure Act

Notice of Rulemaking – Adoption of Pending Rule, Administrative Bulletin Volume 21-12, December 1, 2021 – Page 30

Notice of Rulemaking – Proposed Rule, Administrative Bulletin Volume 21-9, September 1, 2021 – Page 67. (Note: The proposed text in the Administrative Bulletin is published as a new chapter and does not show changes. To see changes, here is an unofficial strikethrough version of the proposed text.)

Negotiated Rulemaking Summary – posted 7/23/2021
Clarification of Negotiated Rulemaking Summary – posted 9/9/2021

Notice of Intent to Promulgate Rules – Negotiated Rulemaking, Administrative Bulletin Volume 21-4, April 7, 2021 – Page 44

Overview

The Forest Practices Advisory Committee (FPAC) voted to recommend language to the State Board of Land Commissioners which will provide for a simplified “Shade Rule” (030.07.e.ii (2014)) next to fish-bearing (Class I) streams and refine the definition of Class I streams (010.60.a) to apply only to aquatic life beneficial use. This simplification will promote rule understanding and make compliance easier and less costly. The objective is to retain management options for landowners while still affording appropriate protections to stream shade and large organic debris recruitment. 

FPAC also identified a need to update rules specific to the use of ground-based equipment on steep slopes.  The technology used in the industry has changed; machinery is now being used on steep slopes while tethered to an anchor with a specialized winch to improve traction. This traction-assistance allows the machine to operate safely on steep slopes while minimizing soil disturbance.  Reduced incidence of injuries and improvements in harvest efficiency have resulted from their use. Existing rule language does not allow for universal use of this new family of machines; modified rule language is needed to accommodate changing technology. 

Given the opportunity to open rule promulgation to achieve the above objectives and in accordance with the Governor’s Executive Order 2020-01, Zero-Based Regulation, FPAC has also recommended removing some unnecessary rule language and amending other rules to reduce verbiage and improve readability.  Collectively, these suggested changes will reduce the rule set length, simplify the language, promote rule understanding, and provide economic benefit while maintaining or enhancing water-quality protection.

Contacts

Gary Hess
Regulatory and Stewardship Program Manager
Forestry and Fire Division
(208) 666-8636
ghess@idl.idaho.gov

Adrienne Morrow
Forest Stewardship and Regulatory Program Specialist
(208) 666-8667
amorrow@idl.idaho.gov


Forest Practices

About Rulemaking

Proposed Rulemaking Schedule

Proposed rulemaking public comment period: September 1–22, 2021.

Public Hearings on Proposed Rule

Agenda – Public hearings

Tuesday, September 14, 2021 – 6 p.m. PT
(Coeur d’Alene and Zoom)
No public testimony received

Monday, September 20, 2021 – 6 p.m. PT
(Lewiston and Zoom)
No public testimony received

Written Public Comments on Proposed Rule

Comment Submitted byDate Received
Idaho Farm Bureau Federation, Bryan Searle9/22/2021
Upper Snake River Tribes Foundation, Scott Hauser9/22/2021
Upper Columbia United Tribes, DR Michel9/21/2021
Kootenai Tribe of Idaho, Gary Aitken, Jr.9/21/2021
PotlatchDeltic, Darin Ball9/20/2021
Idaho Conservation League, Randy Fox9/14/2021
U.S. Environmental Protection Agency, Cami Grandinetti9/02/2021

Negotiated Rulemaking

Negotiated rulemaking public comment period: April 7 through May 7, 2021.

Agenda – Negotiated rulemaking public meetings
Presentation

DateLocationParticipant ListMeeting Notes
April 14, 2021Ponderay
(and Zoom)
Participants – April 14Notes – April 14
April 22, 2021Coeur d'Alene
(and Zoom)
Participants – April 22Notes – April 22
April 29, 2021Orofino
(and Zoom)
Participants – April 29Notes – April 29
May 4, 2021McCall
(and Zoom)
Participants – May 4Notes – May 4
Draft Rule TextDate PostedMeeting
Discussion
Written Comment
Deadline
Draft Rule Text #14/8/2021April 14 – May 45/7/2021
Submitted as proposed rule7/23/2021Will be published as a proposed rule
SubjectDate Posted
Effectiveness of Experimental Riparian Buffers on Perennial Non-fish-bearing Streams on Competent Lithologies in Western Washington (aka the Hard Rock Study: Phase 1)—Presentation6/03/2021
Effectiveness of Experimental Riparian Buffers on Perennial Non-fish-bearing Streams on Competent Lithologies in Western Washington6/03/2021
Effectiveness of Idaho's Class I Stream Shade Rule: Analysis of Before - After Control - Impact Effective Shade Data6/03/2021
Effectiveness of Idaho’s Class I Stream Shade Rule: Analysis of Before - After, Control - Impact Effective Shade Data—Presentation6/03/2021
Evaluation of a proposed mitigation measure to address excessive shade loss associated with a 60/30 harvest when the preharvest Inner Riparian Zone is below the RS 60 target6/07/2021
Effects of Timber Harvest on Suspended Sediment Loads in Mica Creek, Idaho6/08/2021
Frequency and characteristics of sediment delivery pathways from forest harvest units to streams6/07/2021
Geology and geomorphology control suspended sediment yield and modulate increases following timber harvest in temperate headwater streams6/03/2021
Influence of Timber Harvesting on Headwater Peak Stream Temperatures in a Northern Idaho Watershed6/08/2021
Municipal Water Supplies from Forest Watersheds in Oregon: Fact Book and Catalog6/03/2021
Shade Monitoring Season Fact Sheet6/03/2021
Shade Rule Operational Monitoring Summary 2016–20186/07/2021
Simulating the Effects of Forest Management on Stream Shade in Central Idaho6/03/2021
Soil disturbance and stream-adjacent disturbance from tethered logging in Oregon and Washington6/03/2021
Using Simulation Models to Develop Riparian Buffer Strip Prescriptions6/03/2021
Using Stream Shade and Large Wood Recruitment Simulation Models to Inform Forest Practices Regulations in Idaho6/03/2021

Land Board memo 2/16/2021 – Approval to initiate negotiated rulemaking

Prospective Analysis Form (updated July 2021) – posted 7/23/2021

Rulemaking timeline (updated June 2021) – posted 6/21/2021

Land Board memo 10/19/2021 – Adoption of pending rule

Unofficial strikethrough version of proposed rule – Shows changes in legislative format (deleted text in strikethrough, and new text is underlined)

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