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DOCKET: 20-0317-2201

Purpose of Rule

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

Negotiated rulemaking has concluded. The public will be invited to submit comments when the proposed rule is published in the Idaho Administrative Bulletin. 

The proposed rulemaking public comment period is tentatively scheduled for September 7–28, 2022.

Negotiated Rulemaking

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 Rulemaking was published in the April 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 (questions 1, 2, and 5)

Proposed Rulemaking

A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule. A notice and the text of the proposed rule will be published in the Idaho Administrative Bulletin. 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.

The proposed rulemaking public comment period is tentatively scheduled for September 7–28, 2022.

Submit Written Comments

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

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

How to send your comments:

Through our website: Submit a comment

By mail to: 
Idaho Department of Lands
Attn: Eric Wilson – Rulemaking
P.O. Box 83720
Boise, ID 83720-0050

By fax to: (208) 334-0248

By email to:
If you have a email address, we might have difficulty receiving your email and encourage you to send your comments by postal mail or by using our online comment form

Pending Rule

After considering all comments on the proposed rule, the agency may adopt a pending rule. Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective. 

After proposed rulemaking, this rule will be presented to the Land Board for adoption of a pending rule.

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Eric Wilson
Bureau Chief
Resource Protection and Assistance Bureau
(208) 334-0261

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