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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Following  Executive Order 2020-01, Zero-Based Regulation , this rule chapter is scheduled to be repealed and replaced in 2025 for review during the 2026 legislative session.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

The Land Board approved the Initiation of the rulemaking process on December 17, 2024, for review by the 2026 Idaho Legislature.

Staff are currently working on a draft rule text. The public will have the opportunity to provide input later in the process. More information, including the draft rule and details about the public comment period, will be available on this webpage in the coming months.

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.

Land Board Memo 12/17/2024 – Approval to initiate negotiated rulemaking

Contact

Zane Lathim
Real Estate Section Manager
(208) 334-0256
Email: zlathim@idl.idaho.gov 

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