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DOCKET: 20-0501-2301

Purpose of Rule

This is negotiated rulemaking for a new rule chapter: Rules Pertaining to the Recreational Use of Endowment Land (IDAPA 20.05.01).

Senate Bill 1049 seeks to disincentivize the abuse or misuse of endowment land, preserving its revenue-generating potential for the beneficiaries. The legislation, which was signed into law by the Governor on March 20, 2023, creates a new section of Idaho Code that will become effective on July 1, 2023.

The legislation requires rulemaking to specify prohibited activities that are subject to a warning ticket for minor first offenses, with second violations under the statute being punished with an infraction and $250 fine.

Quick Reference

Current Status

Pending Rule approved within Senate Concurrent Resolution (SCR126) by the Idaho Legislature. Final rules effective July 1, 2024.

Pending Rulemaking

Section 67-5201(19), Idaho Code, defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review prior to becoming final and effective. It is, therefore, “pending” legislative review for final approval. The agency adopts the pending rule and after publication in the Bulletin, this is version of the rule that is submitted for legislature review for final approval.

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. 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 October Idaho Administrative Bulletin

Notice of Proposed Rulemaking and Proposed Rule Text, October 4, 2023, Idaho Administrative Bulletin, pages 516 – 519



IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.

A public hearing has been scheduled on October 11, 2023, and the public is invited to attend in person, by phone, or by Zoom to provide oral comments on the Proposed Rule.


Wednesday, October 11, 2013, 2:00pm MT – Boise, ID
Proposed Rule Text

BOI-Garnet West Conference Room, 300 N. 6th Street, Suite 103 – Boise, Idaho 83702

To attend by Zoom:

To attend by Telephone call: +1 (253) 215-8782

Meeting ID:  881 1615 8144

After proposed rulemaking and considering all comments on the proposed rule, the agency may adopt a pending rule. This rule will be presented to the Land Board for adoption of a pending rule.


Negotiated Rulemaking

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, published in the June 7, 2023, Idaho Administrative Bulletin, pages 58-59.
Land Board Memo 4/18/2023 – Approval to initiate negotiated rulemaking
Zero-based Prospective analysis form – August 15, 2023
Negotiated Rulemaking Summary – September 5, 2023

Submit Written Comments

Proposed rulemaking public comment period end October 25, 2023

How to send your comments:

Through our website: Submit a comment

By mail to:
Attn: Todd Wernex – Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050

Fax: (208) 334-3698

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.


Todd Wernex
Recreation Program Manager
(208) 334-0282

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