Public Trust: Rulemaking for IDAPA 20.03.04

Status of Rulemaking

During the 2020 legislative session, the changes to IDAPA 20.03.04 were approved by the Senate Resources and Environment Committee and the House Resources and Conservation Committee. However, the legislature did not authorize any permanent fee rules; as a result, the Land Board adopted this chapter as a temporary rule, effective March 20, 2020. The temporary rule will be published in a special edition of the Administrative Bulletin in April 2020. (See Docket No. 20-0000-2000F.)

Documents Required by Idaho Administrative Procedure Act

Notice of Intent to Promulgate Rules – Administrative Bulletin Volume 19–6, June 5, 2019 – Page 64

Summary of Negotiated Rulemaking

Notice of Rulemaking – Proposed Rule – Administrative Bulletin Volume 19-9, September 4, 2019 – Page 367

Notice of Adoption of Pending Fee Rule – Administrative Bulletin Volume 19-12, December 4, 2019 – Page 157

Overview

All funding used to manage the beds of navigable waterways comes from the fees and rent collected from the use of these lands; no general tax dollars support this work. The costs for processing encroachment permit applications for single-family docks, two-family docks, water-intake lines, and assignments exceed the current application fees collected. The Idaho Department of Lands (IDL) is considering raising the fees for these four types of applications to ensure fees cover the respective processing costs. IDL is also considering potentially removing the fee schedule from the rules to have encroachment permit fees set by the Land Board within the limitations provided in Section 58-1307, Idaho Code.

In addition, Section 58-1305, Idaho Code, does not specify who should provide notice of application to adjacent property owners for all noncommercial navigational encroachments. IDL is considering changing the rules to prescribe that the department shall provide notice.

Proposed Rulemaking Schedule

PROPOSED RULEMAKING PUBLIC COMMENT PERIOD: September 4-25, 2019
IDL encourages public participation by either attending the scheduled public hearing or providing written comments to IDL during the open comment period.

PUBLIC HEARING
Monday, September 16, 2019, 10:00 a.m. MDT – Boise, ID | Agenda | Sign-in Sheet
Idaho State Capitol Building, 4th floor, Majority Caucus Room (W-433), 700 West Jefferson Street, Boise, Idaho 83702  

Negotiated Rulemaking Schedule

NEGOTIATED RULEMAKING PUBLIC COMMENT PERIOD: June 5 through July 12, 2019
IDL encourages public participation by either attending any of the following scheduled negotiated rulemaking public meetings or providing written comments to IDL during the open comment period.

NEGOTIATED RULEMAKING PUBLIC MEETING SCHEDULE

Date	Location	Agenda	Sign-in Sheet	Presentation
June 12, 2019	Pocatello
June 17, 2019	Sandpoint
June 18, 2019	Coeur d'Alene
June 19, 2019	McCall
June 20, 2019	Boise

Draft Negotiated Rule and Related Documents

Draft Rule Text No. 1 – 06/11/2019

Written Public Comments on Draft Negotiated Rule

Wild Idaho Rising Tide, Helen Yost – submitted 07/12/2019
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