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.
- Senate Resources & Environment Committee Pending Fee Rules Review Book (pages 210–216)
- House Resources & Conservation Committee Pending Fee Rules Review Book (pages 210–216)
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
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Following Executive Order 2020-01: Zero-Based Regulation, this rule chapter is scheduled to be repealed and replaced in 2021 for review during the 2022 legislative session.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 public comment period: September 1 to September 22, 2021.
No comments were received on the proposed rule.
Negotiated rulemaking public comment period: April 7 to June 30, 2021.
Summary of Response to Comments – 5/25/2021
Eric Wilson, Bureau Chief
Resource Protection and Assistance Bureau
Boise Staff Office
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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)
|Arm's Length References (IDL)||5/25/2021|
|Alaska Rules: Easements and Rights-of-Way (Section 11 AAC 05.070)||8/31/2021|
|BLM Rent Schedule||8/31/2021|
|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|