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Easements on State-Owned Navigable Waterways
Previous chapter title: Easements on State-Owned Submerged Lands and Formerly Submerged Lands

Status of Rulemaking

Pending fee rules approved by the Idaho Legislature (SCR 123). Final rules effective March 18, 2022.

Unofficial strikethrough version of rule changes – Shows changes in legislative format (deleted text in strikethrough, and new text is underlined)

Legislative Review of Pending Fee Rule

The Land Board adopted the pending fee rules on October 19, 2021, which were reviewed by the 2022 Idaho Legislature.

IDL rule dockets are submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee:

Documents Required by Idaho Administrative Procedure Act

Notice of Rulemaking – Adoption of Pending Fee Rule, Administrative Bulletin Volume 21-12, December 1, 2021 – Page 31

Notice of Rulemaking – Proposed Rule, Administrative Bulletin Volume 21-9, September 1, 2021 – Page 92. (Note: The proposed text in the Administrative Bulletin is published as a new chapter and does not show changes. To see changes, here is an unofficial strikethrough version of the proposed text.)

Negotiated Rulemaking Summary – posted 9/1/2021

Notice of Intent to Promulgate Rules – Negotiated Rulemaking, Administrative Bulletin Volume 21-4, April 7, 2021 – Page 47

Overview

The Idaho Department of Lands manages the beds of navigable lakes and rivers for the benefit of the public, and this rule chapter establishes a consistent process to authorize specific uses of state-owned submerged lands. These uses include bridges, utility crossings, and dams.

Following Executive Order 2020-01: Zero-Based Regulation, this rule chapter is scheduled to be repealed and replaced in 2021 for review during the 2022 legislative session.

In this rulemaking, we anticipate reducing the overall regulatory burden by reducing both total word count and the number of restrictive words in the new rule chapter.

Preliminary research supports a fee increase to cover the actual costs of processing applications. These fees have not changed since they were approved in 1993.

Proposed Rulemaking

Proposed rulemaking public comment period: September 1 to September 22, 2021.

No comments were received on the proposed rule.

Negotiated Rulemaking

Negotiated rulemaking public comment period: April 7 to June 30, 2021.

Summary of Response to Comments – 5/25/2021

DateLocationDocuments
April 28, 2021Boise
(and Zoom)
Agenda
Presentation
Meeting notes
Participant list
May 5, 2021Boise
(and Zoom)
Agenda
Presentation
Meeting notes
Participant List
Draft Rule TextDate PostedMeeting
Discussion
Written Comment
Deadline
Draft Rule Text #14/21/20214/28/20214/30/2021
Draft Rule Text #25/03/20215/05/20216/11/2021
Draft Rule Text #36/11/2021if requested6/30/2021
Comment Submitted byDate Received
Austin Lowe5/5/2021

Contact

Eric Wilson, Bureau Chief
Resource Protection and Assistance Bureau
Boise Staff Office
(208) 334-0261
ewilson@idl.idaho.gov

To subscribe to email updates, please contact us at rulemaking@idl.idaho.gov.
Please specify IDAPA 20.03.09.


Submerged Land Easement Process

About Rulemaking

Land Board memo 2/16/2021 – Approval to initiate negotiated rulemaking

Rulemaking timeline – updated 7/7/2021

Prospective Analysis Form (updated July 2021) – posted 9/1/2021

Land Board memo 10/19/2021 – Adoption of pending fee rule

Unofficial strikethrough version of proposed rule – Shows changes in legislative format (deleted text in strikethrough, and new text is underlined)

Research Materials

SubjectDate Posted
Arm's Length References (IDL)5/25/2021
Alaska Rules: Easements and Rights-of-Way (Section 11 AAC 05.070)8/31/2021
BLM Fees8/31/2021
BLM Rent Schedule8/31/2021
Comparison of Navigable Water Easement Fees and Terms (IDL)8/31/2021
Idaho Estimated Cost to Process an Application for a Submerged Land Easement (IDL)8/31/2021
Oregon Rules: Hydroelectric Projects (Chapter 141, Division 87)8/31/2021
Oregon Rules: Rules for Granting Easements on Non-Trust Lands (Chapter 141, Division 123)8/31/2021
Utah Rules: Easements (R652-40)8/31/2021
Washington Code : Aquatic Lands–Easements and Rights-of-Way (Chapter 79.110 RCW)8/31/2021
Washington Rules: Aquatic Land Management (Chapter 332-30 WAC)8/31/2021

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