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
The Notice of Proposed Rulemaking has been published in the Idaho Administrative Rules Bulletin (Vol. 25-9). The public is invited to submit written comments on the proposed rule from September 3 to September 24, 2025. 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.
The Proposed Rule shows changes in red underline for the new text and blue strike-through for the deleted text. Instructions for submitting comments are available under the Submit Written Comments section toward the bottom of this page.
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 to 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
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 to be held on Thursday, September 11, 2025 @ 10:00 am (MT) on the Proposed Rule
Idaho Department of Lands Boise Staff Office
Garnet Conference Room
300 N. 6th Street, Suite 103
Boise, Idaho 83702
To attend by Teams:
Meeting ID: 247 072 447 001 4
Passcode: fb7ei7xd
To attend by telephone +1-469-998-7393
Phone conference ID: 612 566 364#
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
- Land Board Memo 2/20/2024 – Approval to initiate negotiated rulemaking.
- Zero-Based Prospective Analysis – 2/23/2024
Tuesday, April 15, 2025 – 1:00 p.m. (PT)
Sandpoint, Idaho
April 15, 2025 Rulemaking Meeting Agenda
April 15, 2025 Meeting Notes
April 15, 2025 Presentation
April 15, 2025 In-Person Sign-In Sheet
April 15, 2025 Participants List
Wednesday, April 16, 2025 – 1:00 p.m. (PT)
Coeur d’Alene, Idaho
April 16, 2025 Rulemaking Meeting Agenda
April 16, 2025 Meeting Notes
April 16, 2025 Presentation
April 16, 2025 In-Person Sign-In Sheet
April 16, 2025 Participants List
Wednesday, April 23, 2025 – 1:00 p.m. (MT)
Boise, Idaho
April 23, 2025 Rulemaking Meeting Agenda
April 23, 2025 Meeting Notes
April 23, 2025 Presentation
April 23, 2025 In-Person Sign-In Sheet
April 23, 2025 Participants List
Wednesday, April 24, 2024 – 1:00 p.m. (PT)
Sandpoint, Idaho
Agenda
Presentation
Participants
Meeting Notes
Thursday, April 25, 2024 – 2:00 p.m. (PT)
Coeur d’Alene, Idaho
Agenda
Presentation
Participants
Meeting Notes
Wednesday, May 1, 2024 – 2:00 p.m. (MT)
McCall, Idaho
Agenda
Presentation
Participants
Meeting Notes
Monday, May 6, 2024 – 2:00 p.m. (MT)
Jerome, Idaho
Agenda
Presentation
Meeting Notes
Tuesday, May 7, 2024 – 2:00 p.m. (MT)
Pocatello, Idaho
Brian Hirschi – Received 05/08/2024
Dylan Lawrence, Varin Thomas LLC – Received 06/12/2024
Gary MacDonald, MacDonald’s Hudson Bay Resort, Inc – Received 11/22/2024
Jillian Harmon, Office of Legal Counsel – CDA Tribe – Received 04/30/2025
Dave and Helen Blyton – Received 06/08/2025
Dylan Lawrence, Varin Thomas LLC – Received 06/09/2025
Jennifer Ekstrom, Idaho Conservation League – Received 06/13/2025
Zack Spencer – Received 06/13/2025
Kristin Burge – Received 06/13/2025
Draft Rule Text #1
Date Posted: April 18, 2024
Meeting Discussions: 4/24/2024 through 5/07/2024
Written Comment Deadline: The written comment period on Draft #1 is now closed.
Draft Rule Text #2
Date Posted: March 24, 2025
Meeting Discussions: 4/15/2025 through 4/23/2025
Written Comment Deadline: 6/13/2025
Not available at this time.
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