Purpose of Rule
The Idaho Department of Lands administers IDAPA 20.03.08 Easements on State-Owned Lands, Right of Way programs on behalf of the State Board of Land Commissioners (Land Board) for state endowment trust lands. This program is responsible for granting and acquiring easements on State-Owned Endowment Lands. These activities are authorized by Idaho Code Title 58, Chapter 6 – Rights of Way Over State Lands.
The adoption of related rules is authorized by Idaho Code § 58-104.
Following Executive Order 2020-01, Zero-Based Regulation, this rule chapter is scheduled to be repealed and replaced in 2025 for review during the 2026 legislative session.
Current Status
Proposed rulemaking has concluded, and no additional comments were submitted. The Land Board adopted the pending rule on September 16, 2025, for review by the 2026 Idaho Legislature.
The Notice of Pending Rulemaking is now published in the Idaho Administrative Bulletin, November 5, 2025 – Vol. 25-11.
The pending rule will be submitted to the 2026 Idaho Legislature for review. IDL Rule Docket 20-0308-2501 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 09/16/2025 – Adoption of Pending Rule
Notice of Pending Rulemaking – Adoption of Pending Rule, Idaho Administrative Bulletin Vol. 25-11, November 5, 2025, pages 102–104
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 may be held for the public to submit oral comments. The agency will consider all timely 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 August 6 to August 27, 2025.
Notice of Proposed Rulemaking with Proposed Rule Text – Idaho Administrative Bulletin, Vol. 25-8, August 6, 2025, pages 156–162
Zero-Based Prospective Analysis (complete) – posted 08/07/2025
Cost/Benefit Analysis – posted 08/07/2025
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, Idaho Administrative Bulletin Vol. 25-3, March 5, 2025, pages 19–21
- Land Board Memo 12/17/2024 – Approval to initiate negotiated rulemaking
- Zero-Based Prospective Analysis Form (Sections 1, 2, 5 and 7) – 01/24/2025
- Draft Rulemaking Timeline – updated 02/06/2025
Thursday, March 20, 2025 – 1:00 p.m. PT
March 20, 2025 Agenda
March 20, 2025 Meeting Notes
March 20, 2025 In-Person Sign-In Sheet
March 20, 2025 Remote Participants List
Tuesday, March 25, 2025 – 1:00 p.m. MT
March 25, 2025 Agenda
March 25, 2025 Meeting Notes
March 25, 2025 In-Person Sign-In Sheet
March 25, 2025 Remote Participants List
Thursday, April 10, 2025 – 1:00 p.m. MT
April 10, 2025 Agenda
April 10, 2025 Meeting Notes
April 10, 2025 In-Person Sign-In Sheet
April 10, 2025 Remote Participants List
Date Posted: 03/12/2025
Meeting Discussions: 03/20/2025 through 04/10/2025
Written Comment Deadline: 04/16/2025
Randy Fox, Idaho Conservation League – Received 3/21/2025
Brant Steigers, PotlatchDeltic – Received 4/16/2025
Idaho Department of Lands Response to Randy Fox, Idaho Conservation League – Sent 9/17/2025
Idaho Department of Lands Response to Brant Steigers, PotlatchDeltic – Sent 9/17/2025
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: Lawson Tate – 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
Lawson Tate
Right-of-Way Program Manager
(208) 263-5104 ext. 5125
Email: ltate@idl.idaho.gov