Navigable Waterways: Rulemaking for IDAPA 20.03.09

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:

• 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

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Following Executive Order 2020-01: Zero-Based Regulation, this rule chapter is scheduled to be repealed and replaced in 2021 for review during the 2022 legislative session.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