Idaho Forest Practices Act: Rulemaking for IDAPA 20.02.01

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:

• Senate Resources & Environment Committee Pending Rules Review Book (pages 156–181)
• House Resources & Conservation Committee Pending Rules Review Book (pages 156–181)

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.