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Purpose of Rule

DOCKET: 20-0317-2201

The Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands (IDAPA 20.03.17) establish a consistent process to authorize specific encroachments on state-owned submerged lands and collect annual rent for their use. These uses typically include marinas, community docks, non-navigational encroachments, and oversized private docks that occupy the state’s lakes. 

Following Executive Order 2020-01: Zero-Based Regulation, this rule chapter is scheduled for review in 2022. The public is invited to participate in the process by attending meetings and submitting written comments during negotiated and proposed rulemaking.

The department will review the rule with stakeholders to ensure that it is right-sized. Preliminary research justifies increasing the submerged lease application fee and assignment fee to cover the actual costs of processing. These fees have not changed since they were approved in 2008.

Table of Contents

Current Status

Pending fee rule approved by the Idaho Legislature (SCR 108). Final rules effective March 30, 2023.

Negotiated Rulemaking

Negotiated rulemaking public comment period: April 6 to June 17, 2022.

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 RulemakingApril 6, 2022 Idaho Administrative Bulletin, pages 39-40

Land Board memo 2/15/2022 – Approval to initiate negotiated rulemaking
Timeline – updated 3/25/2022 
Zero-Based Regulation Analysis Form – 3/9/2022 (questions 1, 2, and 5)

Negotiated Rulemaking Summary – posted 8/22/2022

Proposed Rulemaking

Proposed rulemaking public comment period: September 7 to September 28, 2022.

A proposed rule is a formal, written proposal by an agency to change a rule. 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, and the agency gives written and oral comments the same consideration. A notice and the text of the proposed rule are published in the September Idaho Administrative Bulletin: 

Notice of Proposed Rulemaking and proposed rule text, September 7, 2022 Idaho Administrative Bulletin, pages 209-216

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

Zero-Based Regulation Analysis Form – 7/15/2022

No written comments were received during the proposed rulemaking public comment period. 

Pending Rule

Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective. 

No comments were received on the proposed rule, and it was adopted as a pending fee rule at the October 18, 2022 Land Board meeting. 

Land Board memo 10/18/2022 – Adoption of pending fee rule

Notice of Rulemaking – Adoption of Pending Fee Rule, December 7, 2022 Idaho Administrative Bulletin, page 108 

The pending fee rule will be submitted to the 2023 Idaho Legislature for review. IDL rule dockets are submitted to the Senate Resources and Environment Committee and the House Resources and Conservation Committee.

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Contact

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

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