Docket 20-0304-2401
Purpose of Rule
The Idaho Department of Lands (Department) manages IDAPA 20.03.04 Rules for the Regulation of Beds, Waters and Airspace Over Navigable Lakes in Idaho pursuant to Title 58, Chapters 1 and 13, Idaho Code. This rule protects the state’s navigable lakes by setting standards for encroachments. By regulating encroachments, this rule protects property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality.
Encroachments include docks, marinas, piers, buoys, pilings, breakwaters, boat ramps, and other facilities used to support watercraft, as well as landfills, bridges, utility lines, float homes, boat garages, and other structures constructed on, in, or above the beds or waters of a navigable lake.
Following Executive Order 2020-01, Zero-Based Regulation this rule chapter is scheduled for a comprehensive review in 2025 with the goal of simplifying the rules for increase clarity and ease of use. IDL anticipates a high level of public interest in this rulemaking and recommends starting negotiations this spring in order to finish negotiations by the summer of 2025.
Quick Reference
Current Status
Negotiated rulemaking will continue with the publication of the Second Notice of Intent in the Idaho Administrative Bulletin, April 2, 2025, pages 36-38.
A Draft #2 of the Negotiated Rule Text is now available for public review. We invite the public to submit written comments by June 13, 2025.
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.
Written Comment Deadline: 6/13/2025
Second Notice of Intent to Promulgate Rules – Negotiated rulemaking, Idaho Administrative Bulletin Vol. 25-4, April 2, 2025, pages 36-38
Notice of Intent to Promulgate Rules – Negotiated rulemaking, Idaho Administrative Bulletin Vol. 24-4, April 3, 2024, pages 29–31
- Land Board Memo 2/20/2024 – Approval to initiate negotiated rulemaking.
- Zero-Based Prospective Analysis – 2/23/2024
Tuesday, April 15, 2025 – 1:00 p.m. (PT)
April 15, 2025 Rulemaking Meeting Agenda
April 15, 2025 Meeting Notes
April 15, 2025 Presentation
April 15, 2025 In-Person Sign-In Sheet
April 15, 2025 Participants List
Wednesday, April 16, 2025 – 1:00 p.m. (PT)
April 16, 2025 Rulemaking Meeting Agenda
April 16, 2025 Meeting Notes
April 16, 2025 Presentation
April 16, 2025 In-Person Sign-In Sheet
April 16, 2025 Participants List
Wednesday, April 23, 2025 – 1:00 p.m. (MT)
Idaho Department of Lands
Boise Staff Office
Garnet Meeting Room
300 N. 6th Street, Suite 103
Boise, ID 83702
To attend by Teams:
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Meeting ID 225 199 812 75
Passcode: qx2ch9rK
To attend by telephone call:
+1 469-998-7393,,949542801#
Phone conference ID: 949 542 801#
Wednesday, April 24, 2024 – 1:00 p.m. (PT)
Agenda
Presentation
Participants
Meeting Notes
Sandpoint Community Hall
Main Room
204 S. 1st Ave
Sandpoint, Idaho 83864
To attend by Zoom: https://idl.zoom.us/j/82154991676
To attend by telephone call: +1 (669) 444-9171
Meeting ID: 821 5499 1676
Thursday, April 25, 2024 – 2:00 p.m. (PT)
Agenda
Presentation
Participants
Meeting Notes
Idaho Department of Lands
Coeur d’Alene Staff Office
Sundance Meeting Room
3284 W. Industrial Loop
Coeur d’Alene, Idaho 83815
To attend by Zoom: https://idl.zoom.us/j/85790111338
To attend by telephone call: +1 (719) 359-4580
Meeting ID: 857 9011 1338
Wednesday, May 1, 2024 – 2:00 p.m. (MT)
Agenda
Presentation
Participants
Meeting Notes
McCall City Hall
American Legion Post 119
216 Park Street
McCall, ID 83638
To attend by Zoom: https://idl.zoom.us/j/83510145645
To attend by telephone call: +1 (669) 219-2599
Meeting ID: 835 1014 5645
Monday, May 6, 2024 – 2:00 p.m. (MT)
Agenda
Presentation
Meeting Notes
Idaho Department of Lands/Idaho Department of Fish and Game
Jerome Field Office
324 S. 417 E., Suite 2
Jerome, Idaho 83338
To attend by Zoom: https://idl.zoom.us/j/81917084394
To attend by telephone call: +1 (719) 359-4580
Meeting ID: 819 1708 4394
Tuesday, May 7, 2024 – 2:00 p.m. (MT)
Agenda
Presentation
Participants
Meeting Notes
Idaho Department of Fish and Game
Southeast Regional Office
1345 Barton Road
Pocatello, ID 83204
To attend by Zoom: https://idl.zoom.us/j/89677581551
To attend by telephone call: +1 (346) 248-7799
Meeting ID: 896 7758 1551
Brian Hirschi – Received 5/08/2024
Dylan Lawrence, Varin Thomas – Received 06/12/2024
Gary MacDonald, MacDonald’s Hudson Bay Resort, Inc – Received 11/22/2024
Draft Rule Text #1
Date Posted: April 18, 2024
Meeting Discussions: 4/24/2024 through 5/07/2024
Written Comment Deadline: The written comment period on Draft #1 is now closed.
Draft Rule Text #2
Date Posted: March 24, 2025
Meeting Discussions: 4/15/2025 through 4/23/2025
Written Comment Deadline: 6/13/2025
Not available at this time.
Submit Written Comments
How to send your comments:
Through our website: Submit a comment
By mail to:
Idaho Department of Lands
Attn: Marde Mensinger – Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050
Fax: (208) 334-3698
By email to: rulemaking@idl.idaho.gov
If you have a hughes.net 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
Contact
Marde Mensinger
Navigable Waterways Program Manager
(208) 334-0248
MMensinger@idl.idaho.gov