DOCKET 20-0301-2301
Purpose of Rule
The Idaho Department of Lands administers IDAPA 20.03.01, Rules Governing Dredge and Placer Mining Operations under the authority of the Idaho Dredge and Placer Mining Protection Act (Title 47, Chapter 13, Idaho Code).
Dredge and placer mining is the extraction of minerals from a placer deposit left by a stream and containing particles of gold or other valuable minerals. A placer deposit can be in a natural watercourse or an ancient stream channel high above an existing stream. Extraction is done using motorized earth-moving equipment, including suction dredges with an intake nozzle over 8 inches in diameter.
IDAPA 20.03.01 allows responsible resource extraction while protecting the lands, streams, and watercourses of the state.
Following Executive Order 2020-01, Zero-Based Regulation, this rule chapter is scheduled for a comprehensive review in 2023 with the goal of simplifying the rules for increased clarity and ease of use.
Quick Reference
Current Status
Pending Rule approved within House Concurrent Resolution (HCR049) by the Idaho Legislature with the exception of Section 051., Subsection 01., only. Final rules effective July 1, 2024, excluding the noted exception.
Pending Rulemaking
Section 67-5201(19), Idaho Code, defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review prior to becoming final and effective. It is, therefore, “pending” legislative review for final approval. The agency adopts the pending rule and after publication in the Bulletin, this is version of the rule that is submitted for legislature review for final approval.
Land Board Memo 11/21/2023 – Adoption of Pending Rule
A Notice of Pending Rulemaking and the accompanying Pending Rule Text was published in the January 3, 2024 Idaho Administrative Bulletin (Vol.24-1 pages 131-136). Only sections containing changes are presented.
Complete Pending Fee Rule Text in a Redline/Strikethrough Format
Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective.
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. 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. A notice and the text of the proposed rule are published in the September Idaho Administrative Bulletin.
Notice of Proposed Rulemaking and Proposed Rule Text, September 6, 2023, Idaho Administrative Bulletin, pages 280 – 307.
Zero-Based Prospective Analysis Form – 7/21/2023
The Proposed Rule Text shows changes in legislative format (deleted text in the blue strikethrough, and new text is in the red underlined)
Proposed rulemaking public comment period concluded on September 27, 2023 and no public comments were received.
After proposed rulemaking and considering all comments on the proposed rule, the agency may adopt a pending rule. This rule will be presented to the Land Board for adoption of a pending rule
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.
Notice of Intent to Promulgate Rules – Negotiated Rulemaking, April 5, 2023 Idaho Administrative Bulletin, pages 35-37
Land Board memo 11/15/2022– Approval to initiate negotiated rulemaking
Negotiated rulemaking summary – Posted 8/23/2023
Negotiated rulemaking public comment period ended on June 16, 2023.
Public Meetings
Wednesday, April 19, 2023
Riggins (and Zoom)
Agenda
Presentation
Meeting Minutes
Participants
Wednesday, April 26, 2023
Idaho Department of Lands
Boise Staff Office (and Zoom)
Agenda
Presentation
Meeting Minutes
Participants
Thursday May 4, 2023
Idaho Department of Lands
Mica Area Office (and Zoom)
Agenda
Presentation
Meeting Minutes
Participants
Wednesday, May 10, 2023
Sacajawea Center
Main Level Conference Room (and Zoom)
Agenda
Presentation
Meeting Minutes
Participants
Draft Rule Changes
Research Materials
Submit Written Comments
The comment period is closed.
Contact
Idaho Department of Lands
Rules Coordinator
rulemaking@idl.idaho.gov