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Rulemaking for IDAPA 20.03.04

Docket 20-0304-2401

Purpose of Rule

The Idaho Department of Lands (Department) manages IDAPA 20.03.04 Rules for the Regulation of Beds, Waters and Airspace Over Navigable Lakes in Idaho pursuant to Title 58, Chapters 1 and 13, Idaho Code. This rule protects the state’s navigable lakes by setting standards for encroachments. By regulating encroachments, this rule protects property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality.

Encroachments include docks, marinas, piers, buoys, pilings, breakwaters, boat ramps, and other facilities used to support watercraft, as well as landfills, bridges, utility lines, float homes, boat garages, and other structures constructed on, in, or above the beds or waters of a navigable lake.

Following Executive Order 2020-01, Zero-Based Regulation this rule chapter is scheduled for a comprehensive review in 2025 with the goal of simplifying the rules for increase clarity and ease of use. IDL anticipates a high level of public interest in this rulemaking and recommends starting negotiations this spring in order to finish negotiations by the summer of 2025.

Quick Reference

Current Status

Proposed rulemaking has concluded, and four additional comments were submitted. The Land Board adopted the pending rule on November 18, 2025, for review by the 2026 Idaho Legislature.

The Notice of Pending is now published in the Idaho Administrative Bulletin, January 7, 2026 – Vol. 26-01.

The pending rule will be submitted to the 2026 Idaho Legislature for review. IDL Rule Docket 20-0304-2401 will be submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.

Pending Rulemaking

Section 67-5201(19) of 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 before becoming final and effective. It is, therefore, ‘pending’ legislative review for final approval. After the agency adopts the pending rule and publishes it in the Bulletin, this version of the rule is submitted for legislative review and final approval by concurrent resolution of the legislature.

Land Board Memo 11/18/2025 – Adoption of Pending Rule

Notice of Pending Rulemaking – Adoption of Pending Rule, Idaho Administrative Bulletin Vol. 26-01, January 7, 2026, pages 98–114.

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 change a rule in accordance with the Administrative Procedure Act (APA). The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing will be held for the public to submit oral comments. The agency will consider all oral comments received at the public hearing and written comments submitted during the open comment period before adopting the rule.

The public is invited to submit written comments on the proposed rule from September 3 to September 24, 2025.

Notice of Proposed Rulemaking – Proposed Rule with Proposed Rule Text– Idaho Administrative Bulletin, Volume 25-9, September 3, 2025, pages 33 – 55

Zero Based Prospective Analysis (complete) – posted 09/04/2025 

Proposed Rulemaking Summary – posted 10/01/2025

Comments
Nick Snyder, Kootenai County Parks – Received 09/04/2025
Alexander Nickolatos, KOREPower – Received 09/11/2025
Jennifer Ekstrom, Idaho Conservation League – Received 09/23/2025
Marde Mensinger, Idaho Department of Lands – Received 09/24/2025

Public Hearing

Proposed Rulemaking Written Public Comment Period: September 3–24, 2025

IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period. A public hearing has been scheduled on September 11, 2025, and the public is invited to attend in person, by phone, or by Teams to provide oral comments on the Proposed Rule.

Public Hearing held on September 11, 2025 on the Proposed Rule

Public Hearing Agenda
Public Hearing Presentation
Public Hearing Minutes
Public Hearing Participation List

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.

Written Comment Deadline: 6/13/2025

Second Notice of Intent to Promulgate Rules – Negotiated rulemaking, Idaho Administrative Bulletin Vol. 25-4, April 2, 2025, pages 36-38

Notice of Intent to Promulgate Rules – Negotiated rulemaking, Idaho Administrative Bulletin Vol. 24-4, April 3, 2024, pages 29–31

Submit Written Comments

How to send your comments:

Through our website: Submit a comment

By mail to: 
Idaho Department of Lands
Attn: Marde Mensinger – Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050

Fax: (208) 334-3698

By email to: rulemaking@idl.idaho.gov

If you have a hughes.net email address, we might have difficulty receiving your email and encourage you to send your comments by postal mail or by using our online comment form

Contact

Marde Mensinger
Navigable Waterways Program Manager
(208) 334-0248
MMensinger@idl.idaho.gov

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