Idaho Code § 40-208 — Idaho Code / Title 40 / Chapter 2 / Section 40-208
40-208 JUDICIAL REVIEW.
Status: in_force

40-208. Judicial review. (1) Any resident or property holder within the county or highway district system, including the state of Idaho or any of its subdivisions or any agency of the federal government, who is aggrieved by a final decision of a board of county or highway district commissioners in an abandonment and vacation or validation proceeding is entitled to judicial review under the provisions of this section.

(2) Proceedings for review are instituted by filing a petition in the district court of the county in which the commissioners have jurisdiction over the highway or public right-of-way within twenty-eight (28) days after the filing of the final decision of the commissioners or, if a rehearing is requested, within twenty-eight (28) days after the decision thereon.

(3) The filing of the petition does not itself stay enforcement of the commissioners' decision. The reviewing court may order a stay upon appropriate terms.

(4) Within thirty (30) days after the service of the petition, or within further time allowed by the court, the commissioners shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be ordered by the court to pay for additional costs. The court may require subsequent corrections to the record and may also require or permit additions to the record.

(5) The parties may present additional evidence to the court, upon a showing to the court that such evidence is material to the issues presented to the court. In such case, the court may order that the additional information be presented to the commissioners upon conditions determined by the court. The commissioners may modify their findings and decisions by reason of the additional information and shall file that information and any modifications, new findings, or decisions with the reviewing court.

(6) Either party to a proceeding may request in writing that a judge who resides outside the county where the subject road or property is located be appointed to hear the case, and, upon such written request, such a judge shall be appointed for the case. The review shall be conducted by the court without a jury. The court shall consider the record before the board of county or highway district commissioners and shall defer to the board of county or highway district commissioners on matters in which such board has appropriately exercised its discretion with respect to the evaluation of the public interest. As to the determination of highway or public right-of-way creation, width and abandonment, the court may accept new evidence and testimony supplemental to the record provided by the county or highway district, and the court shall consider those issues anew. In cases of alleged irregularities in procedure before the commissioners, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(7) Any person other than a board of county or highway district commissioners seeking a determination of the legal status or the width of a highway or public right-of-way shall first petition for the initiation of validation or abandonment proceedings, or both, as provided for in sections 40-203(1)(b) and 40-203A(1), Idaho Code. If the commissioners having jurisdiction over the highway system do not initiate a proceeding in response to such a petition within thirty (30) days, the person may seek a determination by quiet title or other available judicial means. When the legal status or width of a highway or public right-of-way is disputed and where a board of county or highway district commissioners wishes to determine the legal status or width of a highway or public right-of-way, the commissioners shall initiate validation or abandonment proceedings, or both, as provided for in sections 40-203 and 40-203A, Idaho Code, rather than initiating an action for quiet title. If proceedings pursuant to the provisions of section 40-203 or 40-203A, Idaho Code, are initiated, those proceedings and any appeal or remand therefrom shall provide the exclusive basis for determining the status and width of the highway, and no court shall have jurisdiction to determine the status or width of said highway except by way of judicial review provided for in this section. Provided that nothing in this subsection shall preclude determination of the legal status or width of a public road in the course of an eminent domain proceeding, as provided for in chapter 7, title 7, Idaho Code.

History:

[40-208, added 1993, ch. 412, sec. 6, p. 1510; am. 2013, ch. 239, sec. 5, p. 564; am. 2016, ch. 358, sec. 1, p. 1051.]
Idaho Code § 40-1410 — Idaho Code / Title 40 / Chapter 14 / Section 40-1410
40-1410 EXISTING SYSTEMS AND DISTRICTS — TRANSFER — LIABILITY.
Status: in_force

40-1410. Existing systems and districts — Transfer — Liability. (1) When a county-wide highway district has been adopted, all city highway systems, highway districts and county highway departments shall prepare an inventory and financial statement and file the statement with the commissioners not later than ten (10) days subsequent to the canvass of the election.

(2) Title to all machinery, buildings, lands and property of every kind and nature, belonging to each city highway system, highway district and county highway system shall immediately upon the dissolution of the system or district and without further conveyance, be vested in the commissioners as custodians, and immediately thereafter, as soon as may be practical, delivered to the succeeding county-wide highway district and the district shall be liable for any and all unliquidated obligations of dissolved city highway systems, highway districts or county highway systems.

History:

[40-1410, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 5, p. 421.]
Idaho Code § 40-311 — Idaho Code / Title 40 / Chapter 3 / Section 40-311
40-311 POWERS AND DUTIES — PROPERTY.
Status: in_force

40-311. Powers and duties — Property. The board shall:

(1) Purchase, exchange, condemn or otherwise acquire, any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights and rights of direct access from the property abutting highways with controlled access, deemed necessary by the board for present or future state highway purposes. The order of the board that the land sought is necessary for such use shall be prima facie evidence of that fact.

(2) Cooperate with and receive donations and aid from private sources in the form of improvements to state owned property.

(3) Purchase, lease or otherwise acquire and develop lands for the purpose of securing highway making materials, and purchase, lease or otherwise acquire mill and factory sites and construct, equip and operate mills and factories for the reduction and manufacture of highway making materials.

(4) Sell, exchange, or otherwise dispose of and convey, in accordance with law, any real property, other than public lands which by the constitution and laws of the state of Idaho are placed under the jurisdiction of the state land board, or parts of them, together with appurtenances. When in the opinion of the board the real property and/or appurtenances are no longer needed for state highway purposes, dispose of any surplus materials and by-products from the real property and appurtenances.

(5) Make a lump sum payment with funds available for acquisition, when irrigable lands served or to be served by an irrigation works and system of an organization, whether incorporated or unincorporated, existing for the purpose of furnishing water for irrigation, are acquired by the board. The cost and expense of the acquisition of those lands for highway purposes shall be in an amount sufficient to pay the pro rata share of the organization's indebtedness, if any, including the organization's indebtedness to the United States or any public or private lending agency, allocable to the lands acquired by the board, together with interest on the pro rata share of the indebtedness in the event the indebtedness shall not be callable in advance of maturity. If the lands acquired by the board and the construction of a highway on those lands shall intersect the irrigation works and system of the organization, then a further sum shall be paid the organization sufficient for the value of the property acquired by the board, and the severance damage to the irrigation works and system, including the damage resulting from the interference and impairment of the operation of the works and system.

History:

[40-311, added 1985, ch. 253, sec. 2, p. 601.]
Idaho Code § 40-1503 — Idaho Code / Title 40 / Chapter 15 / Section 40-1503
40-1503 ORDER FOR HEARING — NOTICE.
Status: in_force

40-1503. Order for hearing — Notice. The commissioners of the counties concerned, shall at the earliest possible date, meet at a time and place as shall be agreed upon by them, and at the meeting shall, by order, entered in the minutes of the commissioners of each of the counties concerned, fix a time and place for a hearing upon the petitions, which time shall not be less than sixty (60) days from and after the date of the first publication of notice of the petition and hearing on them. The hearing meeting shall be at the county seat of one of the counties concerned. At the meeting the commissioners shall prepare a notice of hearing to be signed by them and attested by the county clerks, setting forth the filing of petitions; the name and general description of the highway districts proposed to be consolidated; the total bonded and current warrant and other indebtedness; the market value for assessment purposes and the last preceding ad valorem tax levy of each of the highway districts; a statement that at the hearing any elector qualified to vote at elections of highway district commissioners of the highway districts proposed for consolidation may, prior to or at the time of the hearing, file with the clerk of the commissioners of the county in which he resides, written objections to the proposed consolidation; and that at the hearing any qualified elector of the highway districts proposed for consolidation may appear and make oral objections to the consolidation.

History:

[40-1503, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 4, p. 504.]
Idaho Code § 40-2006 — Idaho Code / Title 40 / Chapter 20 / Section 40-2006
40-2006 HOUSING REPLACEMENT AS LAST RESORT.
Status: in_force

40-2006. Housing replacement as last resort. (1) If any federally-assisted program or project construction cannot commence because comparable replacement sale or rental housing is not available, and the agency determines that housing cannot otherwise be made available, it may take action as is necessary or appropriate to provide housing by use of funds authorized for the project.

(2) No displaced person shall be required to move from his dwelling on account of any federally-assisted program or project, unless the agency is satisfied that replacement housing is available to the person, within a reasonable period of time and at rents or prices within the financial means of the families and individuals displaced, and reasonably accessible to their places of employment.

History:

[40-2006, added 1985, ch. 253, sec. 2, p. 692.]
Idaho Code § 40-518 — Idaho Code / Title 40 / Chapter 5 / Section 40-518
40-518 DIG ONCE POLICY NOTIFICATION AND PROJECT IDENTIFICATION.
Status: in_force

40-518. Dig Once Policy Notification and Project Identification. (1) The department shall develop on a competitively neutral basis a registry of broadband providers interested in installing broadband infrastructure along a highway. The department shall update the registry no less than once per year.

(2) The department shall identify potential projects managed by the department, either self-performed by the department or performed under contract, on highways under the department's jurisdiction for which notice under subsection (3) of this section is required. Potential projects eligible for identification shall include projects that involve the construction of underground infrastructure, road construction, or other work that will result in longitudinal access that could reasonably include, or prepare for, the installation of broadband infrastructure consistent with the "Dig Once Policy."

(3) For each project identified under subsection (2) of this section, the department shall timely notify the broadband providers on the registry established under subsection (1) of this section:

(a) That the project has been identified as suitable for coordination with broadband providers;

(b) Of the broadband provider's opportunity to coordinate with the department to accommodate the installation of broadband infrastructure; and

(c) Of the process for submitting a statement of interest to coordinate with the department on the project.

(4) The department shall provide each broadband provider that receives a notice under subsection (3) of this section no less than thirty (30) days from the date the notice is issued to submit to the department a statement of interest to coordinate with the department.

(5) For each project for which the department provides notice under this section, the department shall engage with each broadband provider that submits a statement of interest to determine whether accommodation of installation of broadband infrastructure is appropriate.

(6) The department shall make the final determination of the suitability of a project to include installation of broadband infrastructure and may prescribe any conditions, requirements, restrictions, or other provisions in furtherance of the "Dig Once Policy." Conditions, requirements, restrictions, or provisions prescribed pursuant to this subsection may include but need not be limited to liability provisions, requirements related to the financial responsibilities for future relocation of broadband infrastructure if relocation is necessary, and indemnification provisions. The department may deny the installation of broadband infrastructure if the installation hinders or obstructs highway construction, maintenance, or operational safety, is contrary to statute or rule, or unduly delays or interferes with construction, maintenance, joint trenching projects, or the repair or construction of water, wastewater, electrical, or gas line facilities.

(7) The department may install conduit for its own use where appropriate or in support of expanding broadband infrastructure in the state of Idaho.

(8) The department shall promulgate rules for carrying out the provisions of this section that are nondiscriminatory, neutral, fair, and objective and that promote competition among broadband providers. Rules shall include, at a minimum:

(a) Procedures consistent with the "Dig Once Policy" for processing and reviewing statements of interest received from a broadband provider by the department. Consistent with the "Dig Once Policy," the department shall issue rules that will restrict speculative practices that may unduly impact and congest the department's rights-of-way;

(b) A broadband provider shall be charged for the actual cost incurred by the department as a result of the installation of a broadband provider's broadband infrastructure. If there is more than one (1) broadband provider installing broadband infrastructure, then each broadband provider shall share equally in the common charges of the installation of broadband infrastructure, including but not limited to trenching, boring, traffic controls, and make-ready costs;

(c) Criteria for identifying projects that would be suitable for the placement of broadband infrastructure;

(d) Criteria for the installation of the department's own conduit. Rules may allow use of such conduit by broadband providers;

(e) Procedures and forms for permitting processes; and

(f) A contested case administrative appeals process, pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(9) The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient, and convenient use of a highway for the traveling public.

History:

[40-518, added 2022, ch. 208, sec. 4, p. 671.]
Idaho Code § 40-713 — Idaho Code / Title 40 / Chapter 7 / Section 40-713
40-713 EXPENDITURE AND APPLICABILITY OF FUNDS.
Status: in_force

40-713. Expenditure and applicability of funds. The commissioners and the board of commissioners of each highway district are empowered to expend all or any portion of moneys received by them from the highway distribution account, in cooperation with the state of Idaho or the United States, or both, in the construction of highways or bridges.

History:

[40-713, added 1985, ch. 253, sec. 2, p. 627.]
Idaho Code § 40-105 — Idaho Code / Title 40 / Chapter 1 / Section 40-105
40-105 DEFINITIONS — D.
Status: in_force

40-105. Definitions — D. (1) "Department" means the Idaho transportation department.

(2) "Design-build contract" means a single contract between the department and a design-build firm to furnish the architectural or engineering and related design services, labor, material, supplies, equipment, and construction services for the highway project.

(3) "Design-build firm" means a sole proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation or legal entity qualified to design and build highway projects.

(4) "Design-build project" means a project for which both the design and construction of the project are procured by the department in a single contract with a design-build firm capable of providing the necessary design services and construction.

(5) "Designer" means a duly licensed individual or business entity who performs the engineering design and related design work for a design-build firm.

(6) "Designer qualifications" means the criteria used to evaluate the design-build firm's designer(s).

(7) "Director" means the director of the Idaho transportation department.

(8) "Displaced person" means any individual, family, business or farm operation which moves from real property or moves personal property from real property acquired for a program or project of a state or local agency, in whole or in part, or as the result of a written order of an acquiring agency to vacate real property for a program or project of a state or local agency, and, solely for the purposes of section 40-2004, Idaho Code, as a result of a written order of an acquiring agency to vacate other real property, on which a person conducts a business or farm operation, for a program or project of any state or local agency.

(9) "Draw" means making a cash demand on the proceeds of transportation bonds or notes issued by the Idaho housing and finance association as it pertains to section 40-718, Idaho Code.

(10) "Dump" means any place or area, not operated as a business, where junk is deposited, stored or kept.

History:

[40-105, added 1985, ch. 253, sec. 2, p. 588; am. 2005, ch. 378, sec. 1, p. 1217; am. 2010, ch. 293, sec. 4, p. 779.]
Idaho Code § 40-517 — Idaho Code / Title 40 / Chapter 5 / Section 40-517
40-517 DEFINITIONS.
Status: in_force

40-517. Definitions. As used in sections 40-515 through 40-520, Idaho Code:

(1) "Broadband" means wide bandwidth communication transmissions allowing high speed internet access with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed of one hundred (100) megabits per second for downloads and twenty (20) megabits per second for uploads.

(2) "Broadband infrastructure" means networks of deployed telecommunications equipment, conduit, and technologies necessary to provide broadband and other advanced telecommunications services to wholesalers or end users, including but not limited to private homes, businesses, commercial establishments, schools, or public institutions.

(3) "Broadband provider" means any entity that:

(a) Provides broadband services, including but not limited to a telecommunications provider, cable service provider, broadband provider, cellular provider, political subdivision that provides broadband services, electric cooperative that provides broadband services, electric utility that provides broadband services, state government entity that provides broadband services, tribal government that provides broadband services, or internet service provider; or

(b) Builds broadband infrastructure, including but not limited to a port, nonprofit organization, or private-public partnership established for the purpose of expanding broadband in the state.

(4) "Department" means the Idaho transportation department.

(5) "Dig Once Policy" means a policy or practice that minimizes the number and scale of excavations or construction and costs when installing broadband infrastructure in highway rights-of-way.

(6) "Highway" means a road that is part of the state highway system.

(7) "Longitudinal access" means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of one hundred (100) or more linear feet.

History:

[40-517, added 2022, ch. 208, sec. 3, p. 671.]
Idaho Code § 40-1815 — Idaho Code / Title 40 / Chapter 18 / Section 40-1815
40-1815 JURISDICTION OF PROPERTY OF DISSOLVED DISTRICT SITUATED IN TWO OR MORE COUNTIES.
Status: in_force

40-1815. Jurisdiction of property of dissolved district situated in two or more counties. The succeeding operational unit of the county in which the proceedings for the dissolution of highway districts, situated in two (2) or more counties are had, or the commissioners of the county or counties wherein the district was situate shall, after the order of dissolution, have exclusive jurisdiction over all of the property, business and affairs of the dissolved district, whether situate in the county or not, including the power to issue funding bonds against the whole territory of the district for the payment of funding of bonds, warrants, and for other indebtedness of the district when funds for payment cannot be secured by current taxation.

History:

[40-1815, added 1985, ch. 253, sec. 2, p. 681.]
Idaho Code § 40-408 — Idaho Code / Title 40 / Chapter 4 / Section 40-408
40-408 TAX EXEMPTION — TURNPIKE PROJECTS.
Status: in_force

40-408. Tax exemption — Turnpike projects. The exercise of powers for turnpike projects shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and the improvement of turnpike projects by the board shall constitute the performance of essential governmental functions. The board shall not be required to pay any taxes or assessments upon any turnpike project or any property acquired or used by it relating to turnpike projects or upon the income from them, and any turnpike project and any property acquired or used by the board, and the income from them, and the bonds issued, their transfer and the income from them, including any profit made on the sale of them, shall be exempt from all taxation.

History:

[40-408, added 1985, ch. 253, sec. 2, p. 609.]
Idaho Code § 40-1919 — Idaho Code / Title 40 / Chapter 19 / Section 40-1919
40-1919 JUNKYARDS AS PUBLIC NUISANCES.
Status: in_force

40-1919. Junkyards as public nuisances. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared by the legislature of the state of Idaho to be in the public interest and for a highway purpose to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to highways on interstate and primary systems within the state. The legislature finds and declares that junkyards that are not in compliance with the provisions of this chapter are public nuisances.

History:

[40-1919, added 1985, ch. 253, sec. 2, p. 688.]
Idaho Code § 40-818 — Idaho Code / Title 40 / Chapter 8 / Section 40-818
40-818 LIMITATION ON LEVIES — PENALTIES.
Status: in_force

40-818. Limitation on levies — Penalties. It shall be unlawful for any board of highway district commissioners or its members to levy any tax upon the property in a highway district for any purpose whatsoever in excess of the levies provided by law. Any highway district commissioner violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall forfeit his office, and it shall become vacant immediately. The vacancy in office shall be filled in the manner provided by law for filling of vacancies.

History:

[40-818, added 1985, ch. 253, sec. 2, p. 634.]
Idaho Code § 40-709A — Idaho Code / Title 40 / Chapter 7 / Section 40-709A
40-709A PETITION FOR HIGHWAY MAINTENANCE.
Status: in_force

40-709A. petition for highway maintenance. (1) Any county or highway district may petition the Idaho transportation board to take action, as provided in this section, to provide for the maintenance of a highway or portion thereof under the jurisdiction of a county or highway district.

(2) The petition and supporting materials shall establish the following facts:

(a) That the subject highway or relevant portion thereof provides the only practical access to a city, town or other developed area;

(b) That the county or highway district with jurisdiction over the subject highway, or relevant portion thereof, is obligated to maintain the highway or relevant portion thereof;

(c) That said county or highway district historically has provided maintenance to the subject highway or relevant portion thereof sufficient to allow safe motorist access to the city, town or other developed area; and

(d) Said county or highway district is now failing to provide maintenance sufficient to allow safe motorist access to the city, town or other developed area.

The petition shall not be based on failure to improve the highway or to expand maintenance beyond what historically has been provided. The petition shall also document the petitioner's efforts to communicate its concerns to the subject county or highway district and explain why the issue could not be resolved. The petitioner shall provide notice to the subject county or highway district, including a copy of the petition and all supporting materials.

(3) The Idaho transportation department shall publish notice of the petition as set forth in section 40-206, Idaho Code, and shall provide the subject county or highway district a reasonable opportunity to respond to the petition, to take corrective action, to explain any extenuating circumstances or to otherwise address the concerns presented in the petition. Based on all information available to it, including such independent investigation as it deems appropriate, the Idaho transportation department shall make a recommendation for action to the Idaho transportation board.

(4) The Idaho transportation board shall review the petition and the recommendation of the Idaho transportation department.

(5) If the Idaho transportation board determines that the petition is without merit, it may deny the petition without hearing and issue written findings and conclusions stating its reasons therefor.

(6) If the Idaho transportation board determines that the petition may have merit, it shall hold a hearing on the matter and allow all affected entities and interested persons an opportunity to be heard.

(7) Following the hearing provided in subsection (6) of this section, the Idaho transportation board shall either grant or deny the petition and issue findings and conclusions stating its reasons therefor. The petition shall be granted only upon a finding that the public safety, health or welfare would be endangered because the subject county or highway district is inappropriately and unreasonably failing to maintain a highway or portion thereof that it is obligated to maintain and that the facts set out in subsection (2)(a), (b), (c) and (d) of this section have been established. In determining the reasonableness of the subject county or highway district's actions with respect to the highway, the Idaho transportation board shall take into account the authority of the county or highway district to temporarily close a highway, the availability of funding and other considerations addressed in sections 40-1311 and 40-1315, Idaho Code. The Idaho transportation board shall not approve a petition with respect to a highway or portion thereof that has been vacated or is subject to an ongoing vacation or validation proceeding.

(8) If the petition is granted, the transportation department may undertake itself the maintenance of the highway or portion thereof or it may contract with another political subdivision to undertake the maintenance. In either case, the transportation department shall certify to the state controller the actual cost of maintenance undertaken by the transportation department or by the contracted political subdivision. The state controller shall pay into the state highway account of the Idaho transportation department or directly to the contracted political subdivision the actual costs incurred as certified by the transportation department. Such funds shall be deducted from the funds that would otherwise have been allocated pursuant to section 40-709, Idaho Code, to the county or highway district that failed to provide adequate maintenance.

(9) Political subdivisions that acquire funds for roadwork of any type either pursuant to this section or by separate voluntary agreement with another political subdivision or the state are hereby authorized to expend such funds outside of their jurisdictional boundaries notwithstanding any other provision of law.

(10) A county or highway district that has been the subject of a petition granted pursuant to this section may request a termination or modification of the arrangement authorized by the Idaho transportation department for maintenance by the Idaho transportation department or another entity. A request for termination shall be accompanied by appropriate documentation showing that the requesting entity is prepared to resume its maintenance responsibility for the highway. The Idaho transportation board shall consider the request for termination or modification, taking into account the information presented by the requesting entity and any other information available to the Idaho transportation board. If the Idaho transportation board determines that the concerns giving rise to the petition have been addressed and the entity is committed to resume maintenance of the highway, the Idaho transportation board shall terminate its prior action and allow the entity to resume responsibility for maintenance of the highway upon the beginning of the next fiscal year. The Idaho transportation board may also modify the existing arrangement for funding of maintenance.

(11) A decision by the Idaho transportation board granting or denying a petition or request under this section is a final agency action for purposes of section 67-5270(2), Idaho Code.

History:

[40-709A, added 2014, ch. 214, sec. 2, p. 563.]
Idaho Code § 40-513B — Idaho Code / Title 40 / Chapter 5 / Section 40-513B
40-513B PORTION OF U.S. HIGHWAY 95 DESIGNATED AS STU DOPF MEMORIAL HIGHWAY.
Status: in_force

40-513B. Portion of U.S. highway 95 designated as Stu Dopf memorial highway. That portion of United States Highway 95 through the canyon between Midvale and Cambridge shall be known and designated as the "Stu Dopf Memorial Highway" in honor of the journalist who was interested in increasing the ease and safety of travel along U.S. Highway 95. The Idaho transportation department shall identify areas suitable for posting markers along that portion of U.S. Highway 95 indicating its designation as the Stu Dopf Memorial Highway.

History:

[40-513B, added 2001, ch. 352, sec. 1, p. 1234.]
Idaho Code § 40-102 — Idaho Code / Title 40 / Chapter 1 / Section 40-102
40-102 DEFINITIONS — A.
Status: in_force

40-102. Definitions — A.

(1) (a) "Access easement" also commonly and sometimes legally referred to as a "deeded access" means a property right running with the land and appurtenant thereto for purposes of vehicular ingress and egress at a designated location from private property to the public highway or public right-of-way created by a written document, contract or deed by exception between the state or any political subdivision of the state of Idaho and the landowner. If the easement does not specify the type of use which may be made of the easement, for example, farm access, heavy industrial, etc., the easement is not limited to any type(s) of access.

(b) If the governmental entity with jurisdiction over the road that the property has a "deeded access" to denies the property owner the right to use the easement, the denial shall constitute a taking of the access right for which just compensation shall be owed.

(2) "Activities, commercial or industrial." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(3) "Advertising business, outdoor." (See "Outdoor advertising business," section 40-116, Idaho Code)

(4) "Advertising display" means advertising structures and signs.

(5) "Advertising structure(s)" or "structure(s)" or "sign(s)" means any thing designed, intended or used to advertise or inform. "Advertising structure" or "sign" does not include:

(a) Official notices issued by any court or public body or officer.

(b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice.

(c) Directional, warning or information structures required by or authorized by law, informational or directional signs regarding telephone service, emergency telephone signs, buried or underground cable markers and above cable closures.

(d) An official or public structure erected near a city or county, and within its territorial or zoning jurisdiction, which contains the name of the city or county, provided the same is maintained wholly at public expense. Where a city has been bypassed, but remains within five (5) miles of an interstate highway or primary freeway, the Idaho transportation board, in its discretion, may grant the city the right to erect and maintain a billboard displaying the name of the city at a location not to exceed one (1) mile from an interchange primarily serving that city. Billboards erected must be at locations consistent with department regulations and safety standards.

(6) "Agency," as applied to highway relocation assistance as provided by chapter 20, title 40, Idaho Code, means any subdivision or entity of state or local government in the state of Idaho authorized by law to engage in any highway program or perform any highway project in which the acquisition of real property may result in the displacement of any person.

(7) "Alternate technical concept (ATC)" means an alternative to the base technical concept that promotes innovation and is equal or better in quality or effect, as determined by the department in its sole discretion.

(8) "Areas, commercial or industrial, unzoned." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(9) "Areas, urban." (See "Urban areas," section 40-122, Idaho Code)

(10) "Automobile graveyard" means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(11) "Average annual net earnings," for the purposes of section 40-2004, Idaho Code, means one-half (1/2) of any net earnings of the business or farm operations, before federal, state and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during any other period as the agency determines to be more equitable for establishing the earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during the two (2) year period, or any other period as determined by the agency.

History:

[40-102, added 1985, ch. 253, sec. 2, p. 587; am. 2010, ch. 293, sec. 1, p. 777; am. 2012, ch. 323, sec. 1, p. 882.]
Idaho Code § 40-2012 — Idaho Code / Title 40 / Chapter 20 / Section 40-2012
40-2012 FEDERAL UNIFORM RELOCATION ASSISTANCE ACT.
Status: in_force

40-2012. Federal uniform relocation assistance act. (1) Regardless of any of the other provisions of title 40, chapter 20, Idaho Code, when any department, agency or instrumentality of the state, or any county, municipality, or other political subdivision, or any other public or private entity undertakes any project or activity subject to the provisions of the federal uniform relocation assistance and real property acquisition policies act of 1970, as amended, public laws 91-646, and 100-17, title IV (hereinafter the federal uniform relocation act) which results in the acquisition of real property or in any person or persons being displaced from their homes, businesses, or farms, such state department, agency or instrumentality, county, municipality or other political subdivision, or other public or private entity is hereby authorized to provide relocation assistance, and to make relocation payments to such displaced person and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the federal uniform relocation act.

(2) Any payment made or to be made under the authority granted herein shall be for compensating or reimbursing the displaced person or owner of real property in accordance with the requirements of the federal uniform relocation act and such payments shall not for any purpose be deemed or considered compensation for real property acquired or compensation for damages to remaining property.

(3) The Idaho transportation department is authorized to issue such regulations and procedures as it determines to be necessary or appropriate to carry out the provisions of this chapter.

History:

[40-2012, added 1988, ch. 136, sec. 1, p. 243.]
Idaho Code § 40-2102 — Idaho Code / Title 40 / Chapter 21 / Section 40-2102
40-2102 POLICY OF STATE.
Status: in_force

40-2102. Policy of state. It is hereby recognized by the legislature of the state of Idaho that, as the population and economy of areas of this state grow, the total needs for mobility of commerce and people cannot be met solely with highway and road systems; that motor vehicle congestion and air quality problems result which may adversely affect health and safety; that there are a variety of persons who are elderly, who have disabilities, who live in rural areas or who otherwise require public transportation services for their general welfare; and that prosperous commerce and industry depend upon effective regional systems of transportation. It is therefore declared to be the policy of the state to maintain a state commitment to improve public transportation; to increase the use of transportation alternatives to single occupancy motor vehicles; to promote cooperative agreements among governmental entities in providing public transportation services; and to attain greater efficiency in the use of public transportation funds in a manner consistent with the needs, health, safety and general welfare of the people of Idaho.

History:

[40-2102, added 1994, ch. 327, sec. 1, p. 1053.]
Idaho Code § 40-1328 — Idaho Code / Title 40 / Chapter 13 / Section 40-1328
40-1328 QUORUM OF HIGHWAY COMMISSIONERS AT BUDGET HEARING — OBJECTIONS.
Status: in_force

40-1328. Quorum of highway commissioners at budget hearing — Objections. A quorum of the highway commissioners shall attend the hearing and explain the proposed budget and hear any and all objections to it.

History:

[40-1328, added 1985, ch. 253, sec. 2, p. 657.]
Idaho Code § 40-817 — Idaho Code / Title 40 / Chapter 8 / Section 40-817
40-817 HIGHWAY DISTRICT TAXES — DUTIES OF COUNTY ASSESSOR.
Status: in_force

40-817. Highway district taxes — Duties of county assessor. Upon receiving a certified copy of a resolution of a highway district board, the county assessor must assess upon all property in the highway district subject to taxation the taxes so levied and certified to him. His assessment of all taxes levied by the highway district board may be computed and made upon the valuation of property as fixed by the board of equalization for county purposes, and as appears upon the assessment roll in the same year. The taxes as levied by the highway district board shall become a lien upon the property assessed from the date of the assessment, and shall be due and payable at the same time as other county taxes, and in all respects are to be collected in the same way, except that the tax collector must keep a separate list or assessment roll of them, and when paid, they must be named in his receipt to the taxpayer as a separate item. The tax collector shall pay the taxes, when collected, to the treasurer of the highway district and at the time of payment he must specify to the treasurer receiving them what taxes they are, take a separate receipt and keep separate accounts for the payment of the tax. The commissioners shall furnish the tax collector with any blanks as are needed to comply with these provisions.

History:

[40-817, added 1985, ch. 253, sec. 2, p. 634.]
Idaho Code § 40-1820 — Idaho Code / Title 40 / Chapter 18 / Section 40-1820
40-1820 CONTINUANCE IN SERVICE OF EMPLOYEES OF DISSOLVED SYSTEM OR DISTRICT.
Status: in_force

40-1820. Continuance in service of employees of dissolved system or district. All persons in the employ of any dissolved city highway system or highway district may be continued in service so far as their services may be required by the succeeding operational unit.

History:

[40-1820, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-2309 — Idaho Code / Title 40 / Chapter 23 / Section 40-2309
40-2309 RAILROAD CROSSINGS.
Status: in_force

40-2309. Railroad crossings. Whenever highways are laid out to cross railroads on public lands, the owners or corporations using the same highway shall, at their own expense, so prepare the highway that it may cross without danger or delay, and when the right-of-way for a public highway is obtained through the judgment of any court, over any railroad, no damage shall be awarded for the simple right to cross.

History:

[40-2309, added 1985, ch. 253, sec. 2, p. 695.]
Idaho Code § 40-1803 — Idaho Code / Title 40 / Chapter 18 / Section 40-1803
40-1803 ORDER FOR HEARING UPON PETITION.
Status: in_force

40-1803. Order for hearing upon petition. The petition shall be filed with the clerk of the commissioners and at its next regular meeting, or at any special meeting called for that purpose, and the commissioners shall by an order fix a time and place for the hearing of the petition, which time shall not be less than twenty-one (21) days from and after the date of the first publication of the notice of the petition and hearing.

History:

[40-1803, added 1985, ch. 253, sec. 2, p. 678.]
Idaho Code § 40-901 — Idaho Code / Title 40 / Chapter 9 / Section 40-901
40-901 APPLICATION.
Status: in_force

40-901. Application. The requirements for contracts and bids that apply to all county highway systems and highway districts of the state shall be subject to the provisions of chapter 28, title 67, Idaho Code, in concert with the provisions of any specific statute pertaining to the letting of any contract or the purchase or acquisition of any commodity or thing by any system or highway district by soliciting and receiving competitive bids, and shall not be construed as modifying or amending the provisions of any statute, nor preventing the district from doing any work by its own employees.

History:

[40-901, added 1985, ch. 253, sec. 2, p. 637; am. 2005, ch. 213, sec. 7, p. 643.]
Idaho Code § 40-1312 — Idaho Code / Title 40 / Chapter 13 / Section 40-1312
40-1312 GRANT OF POWERS TO BE LIBERALLY CONSTRUED.
Status: in_force

40-1312. Grant of powers to be liberally construed. The grant of powers provided in this chapter to highway districts and to their officers and agents, shall be liberally construed, as a broad and general grant of powers, to the end that the control and administration of the districts may be efficient. The enumeration of certain powers that would be implied without enumeration shall not be construed as a denial or exclusion of other implied powers necessary for the free and efficient exercise of powers expressly granted.

History:

[40-1312, added 1985, ch. 253, sec. 2, p. 652.]
Idaho Code § 40-509 — Idaho Code / Title 40 / Chapter 5 / Section 40-509
40-509 DUTIES OF TRAFFIC SAFETY COMMISSION.
Status: in_force

40-509. Duties of traffic safety commission. The commission shall:

(1) Periodically review traffic safety problems in Idaho and develop effective plans for additional local-state cooperative activities;

(2) Recommend to the director those agency programs and political subdivision programs to receive federal aid for highway safety in accordance with uniform federal standards;

(3) Advise and recommend to the director future traffic accident prevention activities; and

(4) Carry out any other activities as may be required by the federal highway safety act of 1966 and any amendments to it.

History:

[40-509, added 1985, ch. 253, sec. 2, p. 615.]
Idaho Code § 40-2208 — Idaho Code / Title 40 / Chapter 22 / Section 40-2208
40-2208 ORGANIZATION AND OPERATION OF NEW HIGHWAY DISTRICT.
Status: in_force

40-2208. Organization and operation of new highway district. The newly organized highway district shall be organized and operated in accordance with the provisions of chapter 13, title 40, Idaho Code, except for the provisions of sections 40-1323, 40-1333 and 40-1334, Idaho Code. All of the public highways, public rights-of-way and public streets located within the boundaries of any unincorporated city located within the new highway district shall be under the exclusive jurisdiction of the new highway district and such highways and streets shall be eligible for maintenance and construction with highway district funds in the same manner as any other highways in the highway district system.

History:

[(40-2208) 40-2108, added 1994, ch. 331, sec. 1, p. 1062; am. and redesig. 2005, ch. 25, sec. 89, p. 119.]
Idaho Code § 40-605 — Idaho Code / Title 40 / Chapter 6 / Section 40-605
40-605 LAYING OUT OF HIGHWAYS — WIDENING OR STRAIGHTENING NEW AND EXISTING HIGHWAYS FOR THE PRIMARY BENEFIT OF MOTOR VEHICLES.
Status: in_force

40-605. laying out of highways — widening or straightening new and existing highways for the primary benefit of motor vehicles. (1) Commissioners may improve existing highways or lay out new highways within the county as they determine necessary to reduce traffic congestion or motorist travel time and for the primary benefit of motor vehicles.

(2) The right-of-way of any highway shall not be less than fifty (50) feet wide, except to comply with applicable law or in other exceptional cases.

(3) Existing or new pedestrian and bicycle facilities may only be improved:

(a) As a secondary or collateral benefit to any highway project;

(b) When receiving federal funds or grants for such purposes; or

(c) As necessary to improve the safety of pedestrian and bicycle facilities near schools, parks, or other designated pedestrian or bicycle areas.

(4) For a highway functioning as a non-residential collector or arterial highway, commissioners may only increase the width, straighten, or relocate the highway, except as required by federal law. Commissioners shall not decrease the width of any non-residential collector or arterial highway, unless required by federal law.

(5) If, in the laying out, widening, or straightening of any highway it becomes necessary to take private property, the commissioners or their director of highways shall cause a survey of the proposed highway to be made, together with an accurate description of the lands required. The commissioners shall endeavor to agree with each owner for the purchase of a right-of-way over the owner's land included within the description. If they are able to agree with the owner, the commissioners may purchase the land out of the county highway fund under their control, and the land shall then be conveyed to the county for the use and purpose of highways.

History:

[40-605, added 2025, ch. 243, sec. 2, p. 1094; am. 2026, ch. 299, sec. 3, p. 1232.]
Idaho Code § 40-2324 — Idaho Code / Title 40 / Chapter 23 / Section 40-2324
40-2324 AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS.
Status: in_force

40-2324. Authorization and compensation for maintenance of public highways. Whenever any nongovernmental entity desires to maintain all or part of a public highway or public right-of-way and desires to receive compensation for such maintenance may petition the appropriate public highway agency for approval. The highway agency shall consider said petition and after reviewing the pertinent facts regarding the request, may approve or disapprove the request. If the highway agency approves the request of the nongovernmental entity, the highway agency shall pass a resolution which should outline the details and conditions for said authorization. Provided however, the granting of the compensation to that nongovernmental entity shall not exceed the dollar amount of the highway and bridge ad valorem tax levy that was assessed against the property of that nongovernmental entity under the provisions of section 40-801, Idaho Code, for the previous fiscal year. Authorization and compensation granted under this section shall not accumulate from year to year, but must be applied for each calendar year.

History:

[40-2324, added 1994, ch. 319, sec. 1, p. 1021.]
Idaho Code § 40-122 — Idaho Code / Title 40 / Chapter 1 / Section 40-122
40-122 DEFINITIONS — U.
Status: in_force

40-122. Definitions — U.

(1) "Unzoned commercial or industrial areas" mean those areas not zoned by state or local law, regulation or ordinance which are occupied by industrial or commercial activities, other than outdoor advertising signs, and the lands along the highway for a distance of six hundred (600) feet immediately abutting to the area of the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and shall be along or parallel to the edge of pavement of the highway.

"Commercial or industrial activities" mean those activities generally recognized as commercial or industrial by zoning authorities in the state, except that none of the following activities shall be considered commercial or industrial:

(a) Agricultural, forestry, grazing, farming and related activities including wayside fresh produce stands.

(b) Transient or temporary activities.

(c) Activities not visible from the main traveled way.

(d) Activities conducted in a building principally used as a residence.

(e) Railroad tracks and minor sidings.

(2) "Urban areas" mean any geographical area within the city limits of any incorporated city having a population of five thousand (5,000) or more inhabitants. Population numbers referred to shall be determined by the latest United States census.

(3) "Utility" means any publicly, privately or cooperatively owned utility.

History:

[40-122, added 1985, ch. 253, sec. 2, p. 593.]
Idaho Code § 40-1105 — Idaho Code / Title 40 / Chapter 11 / Section 40-1105
40-1105 ELECTION — ISSUANCE.
Status: in_force

40-1105. Election — Issuance. The election and all acts and proceedings had and taken in connection by highway district commissioners in respect to bonds and the levy of ad valorem taxes for the construction, improvement or repair of highways are legalized, approved and validated and constituted the negotiable legal obligations of the highway district, where:

(1) A two-thirds (2/3) majority of the qualified electors of the highway district voting on the proposition voted in favor of the issuance of bonds of the highway district;

(2) Notice of the election was given as essentially provided by section 40-206, Idaho Code;

(3) The canvass of the vote revealed the required majority was recorded in the records of the highway district commissioners, and a resolution adopted and recorded in the district records authorizing the issuance of bonds of the district;

(4) The maturity of the bonds was within thirty (30) years;

(5) A rate of interest was prescribed and an ad valorem tax upon all taxable property in the district sufficient to pay the bonds as maturity was levied; and

(6) The bonds were in an amount not exceeding ten per cent (10%) of the assessed valuation if sold and delivered prior to July 1, 1980, or two per cent (2%) of the market value for assessment purposes if sold and delivered on or after July 1, 1980, of all taxable property of the highway district, and the proceeds received by the treasurer of the highway district and expended in the construction, improvement or repair of highways located within the highway district.

History:

[40-1105, added 1985, ch. 253, sec. 2, p. 644.]
Idaho Code § 40-1813 — Idaho Code / Title 40 / Chapter 18 / Section 40-1813
40-1813 DISSOLUTION OF DISTRICT SITUATED IN TWO OR MORE COUNTIES.
Status: in_force

40-1813. Dissolution of district situated in two or more counties. When any highway district is to be dissolved, situate in two (2) or more counties, the commissioners of the county whose county seat is situated most nearly to the geographical center of the district, shall have jurisdiction of the dissolution of the district and the same procedure, including notices and elections, shall be followed as provided in this chapter and chapter 17 of this title, for dissolution of highway districts situated in one (1) county. Meetings shall be had at the county seat of the county having jurisdiction of the dissolution of the highway district before a joint session of the commissioners from all the counties affected by the dissolution. The commissioners of the counties affected shall cause to be made and entered an order for notice, election, and for the dissolution and winding up of the affairs of the highway district and specifying when the same shall be dissolved, and the succeeding operational unit, if any.

History:

[40-1813, added 1985, ch. 253, sec. 2, p. 681.]
Idaho Code § 40-1512 — Idaho Code / Title 40 / Chapter 15 / Section 40-1512
40-1512 SUBDIVISION OF DISTRICT — APPOINTMENT OF HIGHWAY COMMISSIONERS — CONSOLIDATION, WHEN EFFECTIVE.
Status: in_force

40-1512. Subdivision of district — Appointment of highway commissioners — Consolidation, when effective. At the joint meeting, as provided by section 40-1511, Idaho Code, by a majority vote of all the commissioners present, the territory consolidated in one (1) highway district shall be divided into three (3) subdistricts, as provided by section 40-1304, Idaho Code. Highway commissioners for the consolidated highway district shall be appointed by the governor, as provided for by section 40-1303, Idaho Code.

History:

[40-1512, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 12, p. 507.]
Idaho Code § 40-1504 — Idaho Code / Title 40 / Chapter 15 / Section 40-1504
40-1504 PUBLICATION OF NOTICE.
Status: in_force

40-1504. Publication of notice. The clerk of commissioners of each of the counties concerned shall cause to be published a copy of notice as provided by section 40-206, Idaho Code.

History:

[40-1504, added 1985, ch. 253, sec. 2, p. 664.]
Idaho Code § 40-1511 — Idaho Code / Title 40 / Chapter 15 / Section 40-1511
40-1511 COUNT OF VOTES — CANVASS — ORDER FOR CONSOLIDATION.
Status: in_force

40-1511. Count of votes — Canvass — Order for consolidation. Immediately following the close of the polls, the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall meet separately at their respective county seats and pursuant to chapter 12, title 34, Idaho Code, canvass the returns within each county. Within fifteen (15) days after the canvass, the commissioners shall meet in joint session at a location as shall be agreed upon by them and compile the total votes cast in their respective counties for or against the proposal to consolidate the highway districts concerned. If the proposal carried in each of the highway districts concerned, the county commissioners in the joint meeting shall make and enter an order declaring the districts consolidated in one (1) highway district of a name or designation as may be ordered by them, and at that time the consolidation shall be effective. The highway districts having been consolidated shall remain in operation, with all legal authority of a highway district, until the newly appointed highway commissioners of the consolidated highway district meet and organize as provided in this chapter.

History:

[40-1511, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 11, p. 506; am. 2009, ch. 341, sec. 84, p. 1044.]
Idaho Code § 40-1630 — Idaho Code / Title 40 / Chapter 16 / Section 40-1630
40-1630 PAYMENT OF COSTS OF ELECTION.
Status: in_force

ANNEXATION

40-1630. Payment of costs of election. The costs of the election shall be paid by the county or counties conducting the election.

History:

[40-1630, added 1985, ch. 253, sec. 2, p. 674; am. 2009, ch. 341, sec. 92, p. 1046.]
Idaho Code § 40-2322 — Idaho Code / Title 40 / Chapter 23 / Section 40-2322
40-2322 CONSTRUCTION OR REPAIR OF BRIDGES AND CULVERTS BY DIRECTOR OF HIGHWAYS.
Status: in_force

40-2322. Construction or repair of bridges and culverts by director of highways. If any person owning or having ditches across any public highway, fails or neglects to build bridges or culverts over them as required, or to keep them, or the public highway in good repair, it is the duty of the director of highways of the county or district to build or repair them at the expense of that person, and the cost of them is a lien upon the land and premises of the ditch owner, and may be sued for and collected, by and in the name of the director of highways, in any court of competent jurisdiction.

History:

[40-2322, added 1985, ch. 253, sec. 2, p. 699.]
Idaho Code § 40-301 — Idaho Code / Title 40 / Chapter 3 / Section 40-301
40-301 IDAHO TRANSPORTATION BOARD — CREATION — AUTHORITY.
Status: in_force

40-301. Idaho transportation board — Creation — Authority. There is established the Idaho transportation board, which is vested with authority, control, supervision and administration of the department created and established by this title.

History:

[40-301, added 1985, ch. 253, sec. 2, p. 595.]
Idaho Code § 40-1615 — Idaho Code / Title 40 / Chapter 16 / Section 40-1615
40-1615 PETITION FOR ANNEXATION.
Status: in_force

ANNEXATION

40-1615. Petition for annexation. (1) The proceedings for inclusion shall be initiated by petition of twenty per cent (20%) of the qualified electors in the area proposed to be annexed to and included within the highway district. The petition shall accurately describe the boundaries of the area to be annexed, and shall state the name and identify the highway district to which the annexation is sought, and shall be accompanied by a map showing and distinguishing the boundaries of the highway district and the boundaries of the area proposed to be annexed to the highway district.

(2) Proposals for the annexation of territory consisting entirely of public lands, or of a combination of public lands and privately held lands but which have no qualified electors to initiate a petition, may be initiated by petition of the highway commissioners of the district to which the proposed annexation is to be made.

History:

[40-1615, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-603 — Idaho Code / Title 40 / Chapter 6 / Section 40-603
40-603 COUNTY HIGHWAYS RECOMMENDED BY COMMISSIONERS — APPROVED BY BOARD.
Status: in_force

40-603. County highways recommended by commissioners — Approved by board. The commissioners of each county shall recommend highways for the county highway system to the board at least once a year and in a manner and form to be prescribed by the board. All recommendations shall clearly show which highways are improved highways and which are unimproved. All recommendations must be approved by the board before they shall constitute the official highway system of the county. The board may require commissioners to submit financial and operating data as it may deem necessary to assist it in determining what highways should properly be included in the respective county highway systems.

History:

[40-603, added 1985, ch. 253, sec. 2, p. 616; am. 1986, ch. 328, sec. 6, p. 805.]
Idaho Code § 40-514 — Idaho Code / Title 40 / Chapter 5 / Section 40-514
40-514 PUBLIC TRANSPORTATION SERVICES — PUBLIC TRANSPORTATION SERVICES ADVISORY COUNCIL CREATED — INTERAGENCY WORKING GROUP CREATED — DEPARTMENT SUPPORT.
Status: in_force

40-514. Public transportation services — Public transportation services advisory council created — Interagency working group created — Department support. (1) All state agencies except the department of education and all public entities that use public funds to provide public transportation services within the state shall report not less often than semiannually to the department the amount of funding expended, audits conducted, the number of passengers carried, the agency vehicles used and the vehicle miles driven to provide transportation for Idaho citizens. Upon receipt of such information, the department shall:

(a) Develop a uniform data collection and reporting system. Information from said system shall be submitted annually to the joint finance-appropriations committee of the Idaho legislature and, as public information, shall also be available upon request;

(b) In cooperation with other state agencies and public entities, develop a comprehensive plan for public transportation; and

(c) Provide assistance to operators of local and regional transportation systems that are consistent with public program objectives of the state plan.

(2) (a) There is hereby created the public transportation advisory council to advise the Idaho transportation department on issues and policies regarding public transportation in Idaho. The council shall participate in planning activities, identify transportation needs, and promote coordinated transportation systems. Before setting programs and priorities, the council shall seek pertinent information, facts and data from local governments, agencies and providers regarding rural public transportation issues.

(b) The advisory council shall be composed of six (6) members appointed by the Idaho transportation board. Appointed members shall be representatives of local governments and agencies, private organizations, citizen groups and private providers that have an interest in public transportation, and people with disabilities and the elderly who utilize public transportation. The board shall appoint said members from recommendations submitted by said organizations, groups, providers, users and state agencies in each district. One (1) member shall be appointed from each of the six (6) transportation department districts as provided in section 40-303, Idaho Code. The term of each member shall be three (3) years, and the initial appointments to the council shall be such that two (2) members shall be appointed each year thereafter.

(c) The council is authorized to meet three (3) times per year, with additional meetings as authorized by the board.

(d) Members of the advisory council shall be reimbursed according to the provisions of section 59-509(g), Idaho Code.

(3) (a) The director of the Idaho transportation department, together with the directors of the affected state agencies, shall establish an interagency working group to advise and assist the department in analyzing public transportation needs, identifying areas for coordination, and developing strategies for eliminating procedural and regulatory barriers to coordination at the state level. The group shall undertake detailed work assignments related to transportation services that promote cooperation and collaboration among systems.

(b) The working group shall be composed of a representative from the office of the governor and one (1) staff representative from each of the following agencies that expend public funds for transportation services or associations representing public transportation interests:

(i) Idaho commission on aging;

(ii) Two (2) representatives from the Idaho department of health and welfare, one (1) of whom shall represent the division of medicaid;

(iii) Idaho state department of education;

(iv) Idaho transportation department;

(v) Community transportation association;

(vi) Idaho council on developmental disabilities;

(vii) Division of vocational rehabilitation; and

(viii) Idaho department of labor, workforce development council.

(c) Ex officio members may be appointed to the group as deemed necessary. Members of the working group representing state agencies shall be reimbursed by their respective agencies according to the provisions of section 59-509(b), Idaho Code.

(4) The interagency working group established in subsection (3) of this section shall:

(a) Meet at least once in each calendar quarter;

(b) Discuss all agenda items submitted to it by any member of the group;

(c) Provide notice of each meeting at least two (2) weeks in advance of the meeting; and

(d) Annually elect a chairman from among its members; such person shall not serve consecutive terms as chairman.

(5) The department shall provide the administrative support required by the council and the interagency working group.

History:

[40-514, added 1992, ch. 149, sec. 4, p. 449; am. 1996, ch. 35, sec. 2, p. 89; am. 2000, ch. 417, sec. 2, p. 1329; am. 2022, ch. 70, sec. 1, p. 207.]
Idaho Code § 40-1202 — Idaho Code / Title 40 / Chapter 12 / Section 40-1202
40-1202 PETITION FOR CONSTRUCTING — NOTICE OF HEARING.
Status: in_force

40-1202. Petition for constructing — Notice of hearing. When the construction of a new bridge, for which the expenditure contemplated will exceed twenty-five thousand dollars ($25,000), five percent (5%) or twenty-five (25) qualified voters, whichever is greater, of a county highway system or highway district system interested in it may petition the respective commissioners for the erection of the needed bridge. The commissioners shall then advertise the petition, in accordance with the provisions of section 40-206, Idaho Code, giving the location and notify the director of highways to attend at a certain time and place to hear the petition.

History:

[40-1202, added 1985, ch. 253, sec. 2, p. 646; am. 1998, ch. 154, sec. 3, p. 530.]
Idaho Code § 40-1904 — Idaho Code / Title 40 / Chapter 19 / Section 40-1904
40-1904 PRIVATE AND PUBLIC NOTICES.
Status: in_force

40-1904. Private and public notices. Nothing contained in this chapter applies to any advertising display used exclusively for:

(1) Directional and other official signs and notices erected or maintained by public officers or agencies pursuant to and in accordance with direction or authorization contained in state or federal law, for the purpose of carrying out an official duty or responsibility;

(2) Structures, signs and displays advertising the sale or lease of property upon which they are located; and

(3) Structures, signs and displays advertising activities conducted on the property on which they are located.

History:

[40-1904, added 1985, ch. 253, sec. 2, p. 683.]
Idaho Code § 40-307 — Idaho Code / Title 40 / Chapter 3 / Section 40-307
40-307 OFFICE OF BOARD — ORGANIZATION MEETINGS — OFFICERS.
Status: in_force

40-307. Office of board — Organization meetings — Officers. The permanent offices of the board shall be maintained in Ada county, in suitable offices and quarters, with equipment, records and supplies as may be deemed necessary to carry out the provisions of this title. The members of the board shall select a vice chairman at the February meeting of each year, and the board shall adopt a seal having upon it the words, "Idaho Transportation Board–State of Idaho." The secretary of the board shall have care and custody of the seal. The board shall appoint a secretary and fix his compensation. The secretary shall hold office subject to the pleasure of the board, and carry out administrative duties as delegated to him. For the administration of their functions the board may employ other employees and personnel as may be deemed necessary, prescribe their duties, and fix their compensation.

History:

[40-307, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 4, p. 697; am. 2001, ch. 183, sec. 13, p. 624.]
Idaho Code § 40-1414 — Idaho Code / Title 40 / Chapter 14 / Section 40-1414
40-1414 CREATION OF LOCAL IMPROVEMENT DISTRICTS.
Status: in_force

40-1414. Creation of local improvement districts. In addition to the powers granted to county-wide highway districts under the provisions of this chapter, the districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls within the boundaries of the highway districts.

The organization and operation of the local improvement districts shall be as nearly as practicable as prescribed in chapter 17, title 50, Idaho Code.

History:

[40-1414, added 1985, ch. 253, sec. 2, p. 662.]
Idaho Code § 40-618 — Idaho Code / Title 40 / Chapter 6 / Section 40-618
40-618 APPOINTMENT OF COUNTY DIRECTOR OF HIGHWAYS.
Status: in_force

40-618. Appointment of county director of highways. The commissioners of each county may appoint and employ a county director of highways, who shall be a person qualified in highway administration, construction and maintenance, to handle the technical and administrative phases of county highway construction, maintenance and improvement. The salary and compensation of the county director of highways shall be fixed by the commissioners and shall be paid from the county highway fund. The county engineer may be appointed as the director of highways if the commissioners so determine; and in that event, his compensation as director of highways shall be distinct from, and in addition to, his compensation as county engineer.

History:

[40-618, added 1985, ch. 253, sec. 2, p. 620.]
Idaho Code § 40-816 — Idaho Code / Title 40 / Chapter 8 / Section 40-816
40-816 INDEBTEDNESS IN EXCESS OF EXPRESS PROVISIONS PROHIBITED — EXCEPTIONS.
Status: in_force

40-816. Indebtedness in excess of express provisions prohibited — Exceptions. A highway district board, or other officers of the highway district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this title. Any debt or liability incurred in excess of the express provisions shall be and remain absolutely void. For the purpose of organization or for any of the purposes of this title, a highway district board may, before making the tax levy in any year, incur an indebtedness not exceeding in the aggregate a sum equal to one-tenth per cent (.1%) of the market value for assessment purposes of all the property in the highway district subject to taxation. After making the levy, they may incur an indebtedness within the limit, on the entire indebtedness, of the amount of the levy. At no time shall the total indebtedness exceed that amount and may cause warrants of the highway district to be issued, bearing interest to be fixed by the highway district. The power granted in this section is in addition to and independent of the power granted to issue bonds.

History:

[40-816, added 1985, ch. 253, sec. 2, p. 633.]
Idaho Code § 40-2205 — Idaho Code / Title 40 / Chapter 22 / Section 40-2205
40-2205 HEARING — ORDER FOR DETACHMENT AND ORGANIZATION.
Status: in_force

40-2205. Hearing — Order for detachment and organization. At the time and place specified in the notice, the highway district commissioners shall consider the petition and all written objections filed with them and shall hear all persons in relation to it. Upon the conclusion of the hearing, which may be continued from day to day, if the commissioners shall determine that the detachment from the highway district of the territory described in the petition is practicable and to the best interests of the territory and of the highway district, they shall, within ten (10) days, make and enter an order directing that the territory be detached from the highway district and be organized into a new highway district at a date not less than thirty (30) nor more than sixty (60) days from and after the date of the order.

History:

[(40-2205) 40-2105, added 1994, ch. 331, sec. 1, p. 1061; am. and redesig. 2005, ch. 25, sec. 86, p. 118.]
Idaho Code § 40-1324 — Idaho Code / Title 40 / Chapter 13 / Section 40-1324
40-1324 JURISDICTION OVER INCLUDED TERRITORY.
Status: in_force

40-1324. Jurisdiction over included territory. When a highway district is organized under the provisions of this chapter, it shall, except as otherwise provided, supersede all other highway districts or parts of districts within the limits of the highway district, and upon the organization the existing position of director of highways shall be abolished. After the organization of a highway district the highway commissioners have the exclusive power to levy and apply all bridge and highway taxes within the district. Where prior to the organization of a highway district bonds shall have been lawfully issued by the county including within its territory property afterward included within the highway district, the proper corporate authorities of the county shall continue to levy, collect and apply the taxes necessary to discharge the obligation of those bonds. Nothing in this chapter shall be construed as affecting any power of any incorporated city, or portion of it, lying within the limits of a highway district, to issue bonds as empowered by law and to levy, collect or apply the necessary taxes for them.

History:

[40-1324, added 1985, ch. 253, sec. 2, p. 656.]
Idaho Code § 40-2113 — Idaho Code / Title 40 / Chapter 21 / Section 40-2113
40-2113 EXEMPTION FROM TAXATION.
Status: in_force

40-2113. Exemption from taxation. It is hereby found, determined and declared that the creation of a regional public transportation authority is in all respects for the benefit of the people of the state of Idaho, for the improvement of their welfare and prosperity, and for the promotion of their transportation, and is a public purpose and that projects and services operated by authorities are essential parts of the public transportation system, and that such authorities will be performing essential governmental functions in the exercise of the powers conferred upon them by this chapter. The state of Idaho declares that authorities shall be required to pay no taxes or assessments upon any of the property acquired by them or under their respective jurisdiction, control, possession, or supervision or upon the activities of authorities in the operation and maintenance of projects and services, or upon any charges, fees, revenues, or other income received by authorities, or upon special fuels used in motor vehicles owned or leased and operated by authorities, and that the bonds of authorities and the income therefrom shall at all times be exempt from taxation. Regional public transportation authorities created pursuant to this chapter shall be exempt from the sales tax imposed under the provisions of section 63-3621, Idaho Code, shall be issued a tax exemption certificate as provided for in section 63-3622, Idaho Code, and shall be entitled to such credits and refunds as other political subdivisions of the state of Idaho are entitled under section 63-2423, Idaho Code.

History:

[40-2113, added 1994, ch. 327, sec. 1, p. 1057; am. 2004, ch. 152, sec. 1, p. 487.]
Idaho Code § 40-2403 — Idaho Code / Title 40 / Chapter 24 / Section 40-2403
40-2403 AUTHORITY OF THE COUNCIL.
Status: in_force

40-2403. Authority of the council. The council shall have the authority to:

(1) Represent its member jurisdictions in conferences, meetings and hearings related to highways, roads and streets and other transportation factors affecting local highway jurisdictions;

(2) Develop uniform standards and procedures that may be recommended to its member jurisdictions for the construction, maintenance, use, operation and administration of local highways;

(3) Cooperate with and receive and expend aid and donations from the federal or state governments, and from other sources for the administration and operation of the council;

(4) Make recommendations to the Idaho transportation board for the distribution and prioritization of federal funds for local highway projects;

(5) Assist the legislature by providing research and data relating to transportation matters affecting local highway jurisdictions within the state;

(6) Maintain and disseminate information to local highway jurisdictions of federal and state legislation and administrative rules and regulations affecting local highway jurisdictions;

(7) Maintain and disseminate information to local highway jurisdictions of activities relating to ground transportation in other states;

(8) When authorized by the participating local jurisdiction, to act for that local jurisdiction through a joint exercise of powers agreement with any other local jurisdiction, and any agency of the state of Idaho, or any agency of the federal government;

(9) Buy, sell, receive and exchange property, both real and personal, as necessary to perform its functions;

(10) Be the sole and exclusive authority for the expenditure of the moneys made available by appropriation or otherwise to the council.

History:

[40-2403, added 1994, ch. 280, sec. 5, p. 871.]
Idaho Code § 40-904 — Idaho Code / Title 40 / Chapter 9 / Section 40-904
40-904 CONTRACTS — DESIGN BUILD.
Status: in_force

40-904. contracts — design build. (1) The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select design-build firms and award contracts for design-build projects if the board determines that the projects are of appropriate size and scope, that awarding a design-build contract will serve the public interest, and that the method is superior to that described in section 40-902, Idaho Code. The following criteria shall be used as the minimum basis for determining when to use design-build contract procedures:

(a) Project suitability for design-build method contracting regarding time constraints, costs and quality factors;

(b) The availability, capability and experience of potential design-build firms;

(c) The department's ability to manage design-build projects, including employing experienced personnel or outside consultants; and

(d) Other criteria the department deems relevant and states in writing in its determination to use design-build contract procedures.

(2) No more than twenty percent (20%) of the department's annual highway construction budget for the state transportation improvement program shall be used for design-build and construction manager/general contractor contracts combined.

(3) No less than thirty percent (30%) of any design-build contract awarded shall be self-performed by the design-build firm awarded such contract.

(4) A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for qualifications (RFQ) and request for proposals (RFP) including the base technical concept. The term "responsible charge" shall be as defined in section 54-1202, Idaho Code. The professional engineer shall not be affiliated with any design-build firm submitting proposals on the project.

(5) For each proposed design-build project, the department shall designate an evaluation committee. The evaluation committee shall include at least five (5) members who are qualified by education and experience, and at least two (2) of whom shall be professional engineers licensed in the state of Idaho. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members.

(6) Any design-build firm, regardless of its organizational structure, must comply with all applicable requirements of chapter 12, title 54, Idaho Code. The designer shall employ a professional engineer licensed in the state of Idaho who is in responsible charge of all engineering on the design-build project for the design-build firm. The term "responsible charge" shall be as defined in section 54-1202, Idaho Code.

(7) Any design-build firm regardless of its organizational structure, must comply with all applicable requirements of chapter 19, title 54, Idaho Code.

(8) Any Idaho professional engineering licenses required shall be obtained prior to submittal of a design-build firm's proposal. The design-build firm shall obtain any required Idaho public works licenses prior to submitting a proposal unless the project involves federal funds. If the project involves federal funds, then the design-build firm shall obtain any required Idaho public works licenses prior to contract award.

(9) The department shall have the authority to discontinue the design-build firm selection process at any time prior to the opening of price proposals, subject to any applicable obligation to pay a stipend.

(10) After short-list selection and contract award, and upon written request, all unsuccessful design-build firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a design-build firm has been selected for award. The debriefing shall:

(a) Be limited to discussion of the unsuccessful design-build firm's proposal and shall not include specific discussion of a competing proposal.

(b) Provide information on areas in which the unsuccessful design-build firm's proposal had weaknesses or deficiencies.

(c) Maintain the confidentiality of evaluation committee members and other design-build firms.

(11) The department shall establish and determine the appropriate design-build contract method to select design-build firms and award contracts on a project-by-project basis. The method shall be stated in the request for proposals, and in the request for qualifications when applicable. The department shall use a two-step selection process for all projects. Design-build selection and contract methods that may be used are:

(a) Best value;

(b) Fixed price-best design; or

(c) Lowest price-technically acceptable. The department may only use the lowest price-technically acceptable method when:

(i) The preliminary design is completed and the design-build firm's role is limited to completing the final design and constructing the design-build project;

(ii) No right-of-way must be acquired by the design-build firm;

(iii) No utility or railroad permits must be obtained by the design-build firm;

(iv) The department obtains the required environmental clearances; and

(v) The department has determined that meeting the minimum technical and designer qualification requirements is sufficient for the project and that innovation or alternatives are not required.

(12) The department shall advertise for request for qualifications and request for proposals in accordance with the procedures outlined in section 40-902(1), Idaho Code.

(13) The RFQ and RFP shall address potential organizational conflicts of interest.

(a) No person or business entity that assisted the department in preparing the solicitation documents will be allowed to participate as a design-build firm or as a member of the design-build firm's team; however, the department may determine that there is not an organizational conflict of interest where:

(i) The role of the person or business entity was limited to provision of preliminary design, reports, or similar "low-level" documents that may be incorporated into the solicitation but did not include assistance in the development of instructions to design-build firms or evaluation criteria; or

(ii) All documents and reports delivered to the department by the person or entity are made available to all potential design-build firms.

(b) The design-build firm shall disclose all relevant facts concerning any past, present, or currently planned interests that may present an organizational conflict of interest.

(c) If at any time during the selection process or during the contract period a previously undetermined organizational conflict of interest arises, the design-build firm must disclose that information as soon as discovered and mitigate or eliminate the conflict.

(14) At a minimum, the following shall be included in each request for qualifications (RFQ):

(a) Minimum design-build firm qualifications necessary to meet the project's design-build requirements;

(i) Relevant construction-related experience and performance;

(ii) Financial, personnel and equipment resources available for construction;

(iii) Designer qualifications;

1. Experience and performance of the designer on similar projects;

2. Qualifications and relevant experience of the designer's project manager and key personnel;

3. Available resources of the designer.

(b) Scope of work statement and schedule;

(c) Documents defining the project requirements;

(d) Maximum time allowed for project design and construction;

(e) Estimated cost of project design and construction;

(f) Requirements for key personnel;

(g) Scoring criteria for evaluating the qualifications submitted; and

(h) The number of firms to be short-listed. The number of firms short-listed shall be no less than two (2) or more than five (5).

(15) The criteria for evaluation of qualifications may include, without limitation:

(a) Technical qualifications for construction, such as specialized experience and technical competence, including key personnel;

(b) Capability to perform construction, including the availability of key personnel;

(c) Designer qualifications;

(d) The proposed plan of the design-build firm to manage the design and construction of the project;

(e) Understanding of and approach to the project;

(f) Organizational conflicts of interest;

(g) Other appropriate qualifications-based selection factors.

(16) The RFQ shall not include any price-related factors. Designer qualifications shall be included in the selection process as a percentage of the total score based on project complexity, potential for design innovation and alternatives, and the project's impacts to the public during construction and operation. The department shall develop a short-list of the most qualified design-build firms from the proposals submitted in response to the request for qualifications. If only a single design-build firm responds to the RFQ or remains on the short-list, the department may issue a new RFQ or cancel the solicitation.

(17) The department shall provide to each design-build firm that submitted qualifications the summary of scores of all proposers and the design-build firms' evaluation worksheets within three (3) business days following notification of the short-list. The confidentiality of the evaluation committee members and other design-build firms shall be maintained.

(18) Design-build firms that submit qualifications and that do not qualify for the short-list generated by the department may challenge the department's determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days of the date the department transmitted the evaluation scores and worksheets.

(19) The department shall prepare a request for proposals (RFP) for each design-build contract. The RFP shall address the base technical concept for the design-build contract.

(20) The RFP shall define the base technical concept, the mandatory project scope elements, deliverables and the project schedule including, but not limited to:

(a) Performance and technical requirements;

(b) Conceptual design;

(c) Specifications;

(d) Functional and operational elements for the delivery of the completed project;

(e) Description of the selection and award criteria, including the weight or relative order, or both, of each criterion;

(f) Copies of the contract documents the selected bidder will be expected to sign;

(g) Maximum time allowed for project design and construction;

(h) Estimated cost of design and construction or fixed price;

(i) A requirement that all proposals be submitted to the department in two (2) parts:

1. A technical proposal; and

2. A price proposal;

(j) A requirement that all proposals be submitted in a separately sealed, clearly identified package that includes the date and time of the submittal deadline;

(k) A requirement that the technical proposal include a critical path method and bar schedule of the work to be performed, or similar schematic, design plans and specifications, technical reports, calculations, permit requirements, applicable development fees, designer qualifications as they relate to the technical proposal and other data requested in the request for proposals;

(l) A requirement that the price proposal contain all design, construction, engineering, quality control and assurance, and construction costs of the proposed project;

(m) The terms and conditions for stipends, including waiving of the stipend, and when the stipend shall be paid;

(n) The date, time and location of the public opening of the sealed price proposals;

(o) The basis for design-build firm selection and contract award;

(p) When applicable, the alternate technical concept deadline; and

(q) Other information relevant to the project.

(21) The RFP selection and award criteria shall include price, shall include the design-build firm's design and construction qualifications, and may include time of completion, innovation, design and construction quality and other technical or quality related criteria. The qualification based selection process required pursuant to section 67-2320, Idaho Code, in obtaining certain consultant services is not applicable. When applicable, the percent weighting of the technical proposal score that is assigned to the designer qualifications shall be based on the project's level of design completeness prior to the RFP and the opportunity for design innovation and alternatives.

(22) As part of the RFP, and when available, the department shall make available any project specific documentation, drawings, files, reports and other pertinent materials that would be of use to the eligible design-build firms.

(23) The RFP shall address and identify contract provisions including, but not limited to:

(a) Allocation of known risks according to the type and location of the project, and the following risk factors shall be considered:

(i) Governmental risks;

(ii) Regulatory compliance risks;

(iii) Construction phase risks;

(iv) Postconstruction risks; and

(v) Right-of-way risks;

(b) Payment and performance bonds;

(c) Proposal guaranty;

(d) General and professional liability insurance;

(e) Meetings regarding the preconstruction services;

(f) The department's standards, rules, guidelines, and special provisions requirements;

(g) Environmental regulatory requirements, including whether the department or the design-build firm will acquire any or all of the permits required for construction;

(h) Design and construction requirements, including specifications;

(i) The final documents to be provided by the design-build firm upon completion of the project, which may include "as built" plans, engineering reports, shop drawings, test results, documentation, daily reports and item quantities;

(j) The date for submittal of the technical and price proposals; and

(k) The date for opening the sealed price proposals.

(24) The RFP may allow design-build firms to submit one (1) or more alternate technical concepts (ATCs).

(a) ATCs will only be considered if they are determined by the department at its sole discretion to be equal to or better than the base technical concept. Typically, ATCs will improve project quality and/or reduce project costs. The department may allow preapproved ATCs as part of the design-build firm's proposal.

(b) A proposed ATC is not acceptable if it merely seeks to reduce quantities, performance or reliability, or seeks a relaxation of the contract requirements. ATCs shall be submitted by the design-build firm by the date specified within the RFP and preapproved in writing by the department prior to the proposal submittal date. All technical proposals must include the department's preapproval letters for consideration of the ATCs.

(c) A design-build firm may incorporate one (1) or more preapproved ATCs into its technical and price proposal. Each design-build firm shall submit only one (1) proposal.

(d) The price proposal shall reflect any incorporated ATCs. Except for incorporating approved ATCs, the proposal may not otherwise contain exceptions to or deviations from the requirements of the RFP.

(e) The RFP will not distinguish between proposals that do not include any ATCs and proposals that include ATCs. Both types of proposals shall be evaluated against the same technical criteria, and a best value determination shall be made in the same manner.

(f) An approved ATC that is incorporated into a design-build firm's proposal will become part of the design-build contract upon award of the design-build contract to that design-build firm.

(g) ATCs properly submitted by a design-build firm and all subsequent communications regarding its ATCs shall be considered confidential prior to the award of the design-build contract.

(25) Prior to proposal submittal, the department shall offer design-build firms equal opportunity to participate in one-on-one meetings with the department regarding their proposals if the department determines that such discussions are needed. The department shall disclose to all design-build firms any issues impacting the scope of work or base technical concept that are relevant to the RFP. The department shall not disclose information pertaining to an individual design-build firm's ATCs or confidential business strategies.

(26) The technical proposal and price proposal shall be submitted concurrently. The technical proposal and price proposal shall be submitted to the department in separate sealed envelopes marked in strict accordance with the requirements and timeline contained in the RFP, or as it may be amended.

(27) After proposals are submitted, and prior to opening the price proposals, the evaluation committee shall open, review and score or otherwise evaluate the technical proposals and any other required technical information in accordance with the evaluation criteria established in the RFP.

(28) After proposals are submitted, and prior to opening the sealed price proposals, the department may hold discussions with design-build firms during the technical proposal evaluations. Discussions shall be held with all design-build firms that submitted proposals. The department shall disclose to all design-build firms issues impacting the scope of work or base technical concept that are relevant to the RFP. The department shall not disclose information pertaining to a design-build firm's proposal, ATCs or other technical concepts. The department may issue a revised RFP that may or may not include changes in the scope, contract requirements or stipend amount. All design-build firms shall be given an opportunity to submit revised technical and price proposals that may result from the discussions.

(29) Sealed price proposals shall be kept in a secure location until read publicly. When applicable, the technical scores and best values shall be read publicly at the same time.

(30) If an RFP includes a time factor with the selection criteria, the department shall adjust the price using a department established value of the time factor. The department established value of the time factor shall be expressed as a value per day. The total time value shall be the total number of days to complete the project multiplied by the time factor. The time-adjusted price is the total time value plus the total price proposal amount.

(31) The basis for design-build firm selection and contract award shall be as follows:

(a) Best Value Method: Each proposer's price proposal, time adjusted if applicable, is divided by the technical proposal score to obtain a total score. The department shall award the contract to the design-build firm whose total score is lowest.

(b) Fixed Price – Best Design Method: The department shall award the contract to the design-build form whose technical proposal score is highest.

(c) Lowest Price – Technically Acceptable Method: The department shall award the contract to the design-build firm who meets the minimum technical and designer qualifications requirements identified in the RFP and whose price proposal is lowest.

(32) Proposals that are not responsive to the RFP may be excluded from consideration. The criteria used for determining whether a proposal is not responsive shall be defined in the RFP. Design-build firms whose proposals are excluded from consideration are not eligible for payment of a stipend.

(33) At the discretion of the department, a stipend may be paid to eligible design-build firms who submit responsive but unsuccessful proposals in response to the RFP. The decision to do so shall be based upon the department's analysis of the estimated proposal development costs, the complexity of the project and the anticipated degree of competition during the procurement process. The department shall pay the stipend within forty-five (45) calendar days after award of a contract or the decision not to award a contract.

(34) If a stipend is provided to an unsuccessful design-build firm, the work produced within that design-build firm's proposal for the project shall be provided to the department for its use in connection with the contract awarded for the project, or in connection with a subsequent procurement, without any additional compensation to the unsuccessful design-build firm.

(35) In consideration for paying the stipend, the department may use any ideas or information contained in the submitted proposals with no obligation to pay any additional compensation to the unsuccessful design-build firm.

(36) The department may either:

(a) Reject all proposals;

(b) Award a design-build contract to the design-build firm; or

(c) Award to the next ranked design-build firm, if the selected design-build firm declines the award and forfeits the proposal guaranty.

(37) The department is not required to award a contract. If the department does award a contract, a contract shall be executed and a notice to proceed shall be given to the successful design-build firm.

(38) When applicable, the department shall provide to each design-build firm that submitted proposals the summary of scores of all proposers and the design-build firms' evaluation worksheets within three (3) business days following notification of intent to award. The confidentiality of the evaluation committee members and other design-build firms shall be maintained.

(39) Design-build firms that submit proposals and are not selected for the award of the contract may challenge the department's determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days of the date the department transmitted the evaluation scores and worksheets.

History:

[40-904, added 2010, ch. 293, sec. 14, p. 785.]
Idaho Code § 40-1303 — Idaho Code / Title 40 / Chapter 13 / Section 40-1303
40-1303 HIGHWAY COMMISSIONERS — APPOINTMENT — OATH.
Status: in_force

40-1303. Highway commissioners — Appointment — Oath. There shall be three (3) highway commissioners in each district. The first highway commissioners of the highway district organized under the provisions of this chapter shall be appointed by the governor. It shall be the duty of the governor, in the appointment of the original highway commissioners, where there had been in existence any highway district within the boundary of the newly created highway district, to appoint whenever practicable, existing highway commissioners as they shall qualify by residence in the subdistricts of the newly created highway district as highway district commissioners of the newly created highway district. County commissioners, city mayors and city council members shall not be eligible to hold office as highway district commissioners. A copy of the certificate of each appointment shall be filed in the office of the county recorder of each county in which the highway district is located and with the clerk of the highway district. Every highway commissioner shall take and subscribe the official oath, which oath shall be filed in the office of the highway district commissioners.

History:

[40-1303, added 1985, ch. 253, sec. 2, p. 647; am. 1999, ch. 332, sec. 2, p. 896.]
Idaho Code § 40-1003 — Idaho Code / Title 40 / Chapter 10 / Section 40-1003
40-1003 NOTICE OF CALL.
Status: in_force

40-1003. Notice of call. The district treasurer shall provide himself, at the expense of the district, with a bulletin board, across the top of which shall be painted or inscribed the words, "…. highway district warrant bulletin." It is the duty of the treasurer to keep the bulletin board conspicuously, securely and permanently in place in his office, and upon it place in a manner which will insure continuous notice of not less than sixty (60) days all notices issued by him, whether written or printed, calling for the presentation of district warrants for payment.

History:

[40-1003, added 1985, ch. 253, sec. 2, p. 642.]
Idaho Code § 40-2311 — Idaho Code / Title 40 / Chapter 23 / Section 40-2311
40-2311 PENALTY FOR DEFACING OR DESTROYING SIGNS, SIGNPOSTS OR FACILITIES.
Status: in_force

40-2311. Penalty for defacing or destroying signs, signposts or facilities. It shall be unlawful for any person to deface or destroy any signs, signposts, guideposts, or any inscription on them, or facilities erected by or under the direction of the board, a director of highways, county, or highway district commissioners. Any person found guilty shall be deemed guilty of a misdemeanor. The defacing or destroying of each sign, signpost, guidepost, or inscription, or facility shall constitute a separate offense.

History:

[40-2311, added 1985, ch. 253, sec. 2, p. 695.]
Idaho Code § 40-2202 — Idaho Code / Title 40 / Chapter 22 / Section 40-2202
40-2202 PETITION.
Status: in_force

40-2202. Petition. Whenever electors of a portion of the territory embraced in any existing highway district desire that their portion be detached from the highway district and organized into a new highway district, a petition describing the territory by its boundaries, signed by not less than ten (10) electors qualified to vote at a highway district election and residing in the territory sought to be detached shall be presented to the commissioners of the highway district.

History:

[(40-2202) 40-2102, added 1994, ch. 331, sec. 1, p. 1061; am. 2005, ch. 25, sec. 83, p. 117.]
Idaho Code § 40-312 — Idaho Code / Title 40 / Chapter 3 / Section 40-312
40-312 POWERS AND DUTIES — RULES AND REGULATIONS.
Status: in_force

40-312. Powers and duties — Rules and regulations. The board shall:

(1) Prescribe rules and regulations affecting state highways and turnpike projects and enforce compliance with those rules and regulations.

(2) Establish rules and regulations for the expenditure of all moneys appropriated or allotted by law to the department or the board. The board shall cooperate with the counties and highway districts in the expenditure of funds and shall establish a uniform system of accounting in the expenditure of moneys and a uniform method for allocation of funds by counties and highway districts as shall be necessary in the construction and maintenance of highways by counties and districts in cooperation with the state and the United States, or either, but the initiatory power of expenditure of any of those moneys shall rest with the county or district in which expenditure of the moneys mentioned is to be made.

(3) Make reasonable regulations for the installation, construction, maintenance, repair, renewal and relocation of facilities of any utility or communication transmitting entity, in, on, along, over, across, through or under any project on the federal-aid primary or secondary systems or on the interstate system, including extensions within urban areas. Whenever the board shall determine, after notice and opportunity for hearing, that it is necessary that any facilities which now are, or hereafter may be, located in, on, along, over, across, through or under any federal-aid primary or secondary system or on the interstate system, including extensions within urban areas, should be relocated, the utility owning or operating the facilities shall relocate them in accordance with the order of the board. In case of any relocation of facilities, the utility owning or operating the facilities, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or locations.

(4) Prescribe and enforce regulations for the erection and maintenance of advertising structures permitted by sections 40-1909, 40-1913 and 40-1914, Idaho Code, designed to protect the safety of the users of the highway and otherwise to achieve the objectives set forth in section 40-1903, Idaho Code, and consistent with the national policy set forth in 23 U.S.C. 131 and the national standards promulgated by the secretary of transportation. The board shall not prescribe or enforce rules or regulations that are more restrictive than those authorized under 23 U.S.C. 131. Proceedings for review of any action taken by the board pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.

(5) Prescribe rules and regulations to implement the provisions of chapter 20, title 40, Idaho Code, and other rules and regulations relating to relocation assistance as may be necessary under existing federal laws and rules and regulations promulgated thereunder. Rules and regulations shall include provisions relating to:

(a) Standards for decent, safe and sanitary dwellings;

(b) Eligibility of displaced persons for relocation assistance payments, procedural methods whereby persons may make application for and claim payments and the amounts of them; and

(c) Other rules and regulations consistent with the provisions of chapter 20, title 40, Idaho Code, as are considered necessary or appropriate to carry out the provisions of that chapter.

(6) Establish by rule a statewide comprehensive plan for public transportation.

(7) Prescribe rules and regulations to encourage the use of recycled materials in highway construction and repair projects.

History:

[40-312, added 1985, ch. 253, sec. 2, p. 602; am. 1992, ch. 149, sec. 3, p. 448; am. 1992, ch. 337, sec. 1, p. 1009; am. 2014, ch. 97, sec. 24, p. 286.]
Idaho Code § 40-520 — Idaho Code / Title 40 / Chapter 5 / Section 40-520
40-520 RIGHTS-OF-WAY FOR BROADBAND.
Status: in_force

40-520. Rights-of-Way for Broadband. (1) Except as provided in subsection (5) of this section, the department shall allow a broadband provider longitudinal use and access to the rights-of-way of a highway for the installation, operation, and maintenance of broadband infrastructure.

(2) The department shall enter into a license agreement with a broadband provider and issue a permit before granting it any longitudinal access under this section. Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under the provisions of this section. An agreement entered into by the department under this section:

(a) Shall include terms and conditions that are nondiscriminatory and are consistent with the public policy promoting the expansion of broadband infrastructure in Idaho, such as liability provisions, requirements related to the financial responsibilities for future relocation of underground broadband infrastructure if relocation is necessary, and indemnification provisions;

(b) Shall specify maintenance responsibilities for broadband infrastructure being placed;

(c) May require that the department be allowed to utilize the broadband infrastructure only for public safety warnings, road condition notifications, and amber alerts to motorists on highways;

(d) May require that the broadband provider install conduit for nonexclusive use, in which the cost of the project shall be shared proportionally. Alternatively, if the department requires the broadband provider to install only one (1) conduit of equal or smaller size of the conduit being installed exclusively for internal department purposes, then the department shall be responsible only for the costs of the additional materials and labor for the installation of its own conduit. The department must keep all documents and records regarding the internal use of the conduit and make public such documents if requested. The department may not allow the use of its internal conduit to any other entity. If the department allows the use of internal conduit to another entity, then the department shall reimburse the broadband provider for half of the project costs;

(e) Shall specify that the broadband provider shall own its broadband infrastructure; and

(f) Shall specify that the use of the rights-of-way shall be nonexclusive.

(3) A broadband provider shall be responsible for the costs of installing its own broadband infrastructure on the department's right-of-way. If there is more than one (1) broadband provider installing broadband infrastructure at the same project, then the broadband provider is responsible for its pro rata share of the cost.

(4) The department shall require the same fees from a broadband provider under this section for longitudinal access to the right-of-way as a public utility defined under section 61-129, Idaho Code. However, fees charged to a cable provider shall be in accordance with applicable federal law.

(5) The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient, and convenient use of a highway for the traveling public.

(6) The department may install conduit for its own use where appropriate or in support of expanding broadband infrastructure in the state of Idaho.

(7) The department shall promulgate rules:

(a) Governing the installation, operation, and maintenance of broadband infrastructure granted longitudinal access pursuant to this section;

(b) Specifying the procedures for establishing an agreement for longitudinal access for a broadband provider;

(c) Specifying criteria for the installation of the department's own conduit and use of such conduit by broadband providers consistent with this section; and

(d) Providing for the relocation or removal of broadband infrastructure for needed changes to a highway on the interstate system.

(8) Nothing in section 40-515, Idaho Code, through this section is intended to preempt, diminish, or otherwise limit the authority of the department over public rights-of-way.

History:

[40-520, added 2022, ch. 208, sec. 6, p. 673.]
Idaho Code § 40-1516 — Idaho Code / Title 40 / Chapter 15 / Section 40-1516
40-1516 SEPARATE ACCOUNTS OF FUNDS AND PROCEEDS FROM FORMER HIGHWAY DISTRICTS — DUTIES OF TREASURER.
Status: in_force

40-1516. Separate accounts of funds and proceeds from former highway districts — Duties of treasurer. The highway district treasurer shall keep separate accounts of all moneys coming into his hands from each of the former highway districts, together with all moneys received from special tax levies against the taxable property situated within the boundaries of the former highway districts and together with all moneys paid out upon the indebtedness of the former highway districts. He shall pay from the funds in the accounts the amounts as the highway commissioners may from time to time order.

History:

[40-1516, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 16, p. 508.]
Idaho Code § 40-203B — Idaho Code / Title 40 / Chapter 2 / Section 40-203B
40-203B ABANDONMENT OR ASSUMING CONTROL OF A HIGHWAY.
Status: in_force

40-203B. Abandonment or assuming control of a highway. Whenever the Idaho transportation department is either planning to abandon any section or all of a state highway to a county, a city or a highway district or assume control of a section or all of a highway which is under the jurisdiction of a county, city or a highway district, the transportation department shall first obtain the consent of the applicable local highway jurisdiction before it may abandon or assume control of the highway. Consent shall be obtained by passage of a resolution by the local highway jurisdiction assenting to the proposed action of the transportation department. Prior to consenting to an abandonment or assumption of the applicable highway, the local highway jurisdiction may conduct a public hearing and also provide notice to any impacted property owners, businesses, industries and enterprises. If consent is not obtained as provided in this section, the action by the transportation department regarding the abandonment of a state highway or assumption of control of a local jurisdiction highway shall be null, void, and of no force and effect.

History:

[40-203B, added 1990, ch. 60, sec. 1, p. 136; am. 2013, ch. 141, sec. 2, p. 339.]
Idaho Code § 40-2308 — Idaho Code / Title 40 / Chapter 23 / Section 40-2308
40-2308 CORPORATIONS MAY LAY TRACKS AND WATER MAINS.
Status: in_force

40-2308. Corporations may lay tracks and water mains. Every gas, water, or railroad corporation has the power to lay conductors and tracks through the public ways and squares in any city with the consent of the city authorities, and under reasonable regulations and for just compensation, as the city authorities and the law prescribe.

History:

[40-2308, added 1985, ch. 253, sec. 2, p. 695.]
Idaho Code § 40-1921 — Idaho Code / Title 40 / Chapter 19 / Section 40-1921
40-1921 REQUIREMENTS FOR LICENSE.
Status: in_force

40-1921. Requirements for license. Licenses shall be granted for the operation of those junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system meeting the following requirements:

(1) Are screened by natural objects, plantings, fences or other appropriate means so as to render them invisible from the traveled way of the highway involved; or

(2) Located within areas which are zoned for industrial use under authority of state law or in unzoned industrial areas as determined by the board; or

(3) Are not visible from the main traveled way of the highway involved; or

(4) Are to be screened by the board as provided in section 40-313(4), Idaho Code; or

(5) Are to be relocated, removed or disposed of by the board as provided in section 40-313(4), Idaho Code.

History:

[40-1921, added 1985, ch. 253, sec. 2, p. 688.]
Idaho Code § 40-512 — Idaho Code / Title 40 / Chapter 5 / Section 40-512
40-512 PENALTIES.
Status: in_force

40-512. Penalties. Any person failing to stop at any port of entry or checking station when so required by the provisions of section 40-511, Idaho Code, or, failing to submit to the inspection, grading or weighing required by any law of the state of Idaho, shall be guilty of a misdemeanor.

History:

[(40-512) 1950 (E.S.), ch. 15, sec. 3, p. 26; am. 1970, ch. 54, sec. 2, p. 133; am. and redesignated 1991, ch. 288, sec. 8, p. 747.]
Idaho Code § 40-510 — Idaho Code / Title 40 / Chapter 5 / Section 40-510
40-510 PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED — MOTOR VEHICLE INVESTIGATOR ACTIVITIES — AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS.
Status: in_force

40-510. Ports of entry or checking stations established — Motor vehicle investigator activities — Authority of the board to employ individuals. (1) To augment and help make more efficient and effective the enforcement of certain laws of the state of Idaho, the Idaho transportation department is hereby authorized and directed to establish from time to time temporary or permanent ports of entry or checking stations upon any highways in the state of Idaho, at such places as the Idaho transportation department shall deem necessary and advisable.

(2) The board is authorized to appoint and employ individuals who shall have limited peace officer authority for the enforcement of such motor vehicle-related laws as are herein specified:

(a) Sections 18-3906 and 18-8001, Idaho Code;

(b) Sections 25-1105 and 25-1182(2), Idaho Code;

(c) Sections 40-510 through 40-512, Idaho Code;

(d) Chapters 1 through 5, 9, 10, 15 through 19, 22 and 24, title 49, sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430, Idaho Code;

(e) Authorized use of motor fuel on the highways and international fuel tax agreement (IFTA) provisions of chapter 24, title 63, Idaho Code;

(f) Section 67-2901A, Idaho Code; and

(g) Sections 49-676 and 63-2425, Idaho Code.

(3) Motor vehicle investigators shall have the authority to access confidential vehicle identification number information.

(4) Any employee so appointed shall have the authority to issue misdemeanor traffic citations in accordance with the provisions of section 49-1409, Idaho Code, and infraction citations in accordance with the provisions of chapter 15, title 49, Idaho Code.

(5) No employee of the department shall carry or use a firearm of any type in the performance of his duties unless specifically authorized in writing by the director of the Idaho state police to do so.

(6) The board is authorized to extend the authority as provided in this section to authorized employees of contiguous states upon approval of a bilateral agreement according to the provisions of section 40-317, Idaho Code.

History:

[(40-510) 67-2926, added 1950 (E.S.), ch. 15, sec. 1, p. 26; am. 1953, ch. 218, sec. 1, p. 333; am. 1974, ch. 27, sec. 193, p. 811; am. 1982, ch. 95, sec. 140, p. 275; am. and redesig. 1991, ch. 288, sec. 6, p. 746; am. 1999, ch. 383, sec. 2, p. 1053 am. 2000, ch. 303, sec. 1, p. 1034; am. 2000, ch. 469, sec. 103, p. 1557; am. 2006, ch. 31, sec. 1, p. 94; am. 2015, ch. 38, sec. 17, p. 88; am. 2020, ch. 327, sec. 5, p. 945.]
Idaho Code § 40-1305B — Idaho Code / Title 40 / Chapter 13 / Section 40-1305B
40-1305B BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION.
Status: in_force

40-1305B. BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION. In any election for a highway district commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdistrict to be filled, it shall not be necessary for the candidate of that subdistrict to stand for election, and the board of highway district commissioners shall declare such candidate elected as commissioner, and the secretary of the highway district shall immediately make and deliver to such person a certificate of election signed by him and bearing the seal of the district.

History:

[40-1305B, added 2009, ch. 98, sec. 1, p. 308.]
Idaho Code § 40-2307 — Idaho Code / Title 40 / Chapter 23 / Section 40-2307
40-2307 REMOVAL OF FALLEN TREES.
Status: in_force

40-2307. Removal of fallen trees. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any highway to remove the tree or obstruction. If it is not removed, the owner or occupant is liable to a penalty of ten dollars ($10.00) for every day until it is removed, in addition to the cost of removal.

History:

[40-2307, added 1985, ch. 253, sec. 2, p. 695.]
Idaho Code § 40-2401 — Idaho Code / Title 40 / Chapter 24 / Section 40-2401
40-2401 LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL.
Status: in_force

40-2401. Local highway technical assistance council. (1) A local highway technical assistance council is hereby created. The council shall be a public agency, and is the instrumentality of its member jurisdictions. The council and its officers and employees shall not be subject to the administrative or management control of the Idaho transportation department.

(2) The council shall consist of nine (9) members, three (3) each to be appointed by the association of Idaho cities, Idaho association of counties, and the Idaho association of highway districts. Council members shall serve at the pleasure of the appointing authority.

(3) Members of the council may be entitled to compensation for services at a rate not to exceed one hundred dollars ($100) per day as determined by the members' respective associations and actual and necessary expenses. Payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code. Compensation and reimbursement shall be made from the local highway technical assistance council accounts established in section 40-717, Idaho Code.

History:

[40-2401, added 1994, ch. 280, sec. 5, p. 871; am. 1995, ch. 268, sec. 2, p. 866; am. 2003, ch. 241, sec. 1, p. 623.]
Idaho Code § 40-701 — Idaho Code / Title 40 / Chapter 7 / Section 40-701
40-701 HIGHWAY DISTRIBUTION ACCOUNT — APPORTIONMENT.
Status: in_force

40-701. Highway distribution account — Apportionment. (1) There is established in the state treasury an account known as the "Highway Distribution Account," to which shall be credited:

(a) Moneys as provided by sections 63-2412(1)(f)4. and 63-2418(4), Idaho Code;

(b) All moneys collected by the department, its agents and vendors, and county assessors and sheriffs, under the provisions of title 49, Idaho Code, except as otherwise specifically provided for; and

(c) All other moneys as may be provided by law.

(2)(a) The highway distribution account shall be apportioned as follows:

(i) Forty percent (40%) to local units of government as provided in section 40-709, Idaho Code; and

(ii) Sixty percent (60%) to the state highway account established in section 40-702, Idaho Code.

(b) The state controller shall cause the remittance of the moneys apportioned to local units of government no later than January 25, April 25, July 25, and October 25 of each year and to the state highway account as the moneys become available to the highway distribution account.

(3) Interest earned on the investment of idle moneys in the highway distribution account shall be paid to the highway distribution account.

(4) All idle moneys in the dedicated highway trust or asset accounts or subaccounts established from highway user revenues, reimbursements, fees or permits shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the various highway trust or asset accounts and subaccounts.

History:

[40-701, added 1985, ch. 253, sec. 2, p. 621; am. 1988, ch. 198, sec. 2, p. 377; am. 1988, ch. 265, sec. 570, p. 869; am. 1989, ch. 310, sec. 31, p. 803; am. 1989, ch. 348, sec. 1, p. 875; am. 1990, ch. 158, sec. 1, p. 344; am. 1991, ch. 120, sec. 3, p. 262; am. 1992, ch. 337, sec. 2, p. 1010; am. 1994, ch. 180, sec. 77, p. 477; am. 1994, ch. 409, sec. 1, p. 1280; am. 1996, ch. 343, sec. 1, p. 1150; am. 1998, ch. 199, sec. 1, p. 712; am. 1999, ch. 320, sec. 1, p. 816; am. 2009, ch. 332, sec. 4, p. 965; am. 2015, ch. 341, sec. 15, p. 1288; am. 2017, ch. 43, sec. 2, p. 64; am. 2019, ch. 308, sec. 1, p. 928; am. 2026, ch. 98, sec. 1, p. 528.]
Idaho Code § 40-1317 — Idaho Code / Title 40 / Chapter 13 / Section 40-1317
40-1317 ANNUAL FINANCIAL STATEMENT OF DISTRICT — AUDIT.
Status: in_force

40-1317. Annual financial statement of district — Audit. (1) On or before the first day of January of each year, the highway district shall make and file in its office a full, true and correct statement of the financial condition of the highway district on the first day of October of the preceding year, giving a statement of the liabilities and assets of the highway district on the first day of October of the preceding year, and a copy of the statement shall be published in at least one (1) issue of some newspaper published in the county.

(2) All highway districts shall have an annual audit made of the financial affairs of the district as required in section 67-450B, Idaho Code, by the first day of January following the close of the preceding fiscal year.

History:

[40-1317, added 1985, ch. 253, sec. 2, p. 654; am. 1987, ch. 131, sec. 1, p. 262; am. 1993, ch. 387, sec. 10, p. 1426; am. 2007, ch. 287, sec. 1, p. 816.]
Idaho Code § 40-108 — Idaho Code / Title 40 / Chapter 1 / Section 40-108
40-108 DEFINITIONS — G.
Status: in_force

40-108. Definitions — G. (1) "GARVEE" means grant anticipation revenue vehicle, a debt financing instrument which enables states to finance state transportation infrastructure projects and to pay debt service and other bond-related expenses with future federal-aid highway apportionments.

(2) "Guaranteed maximum price (GMP)" means the total maximum price that includes all reimbursable costs and fees, except for material changes in the scope of work, for completion of a construction manager/general contractor contract that is provided by the selected contractor and accepted by the department.

History:

[40-108, added 2005, ch. 378, sec. 2, p. 1218; am. 2010, ch. 293, sec. 6, p. 780.]
Idaho Code § 40-2103 — Idaho Code / Title 40 / Chapter 21 / Section 40-2103
40-2103 DEFINITIONS.
Status: in_force

40-2103. Definitions. (1) "Authority" means the regional public transportation authority.

(2) "Board" means the governing body of the regional public transportation authority.

(3) "City" means an incorporated city.

(4) "Commission" means the board of county commissioners or the board of commissioners of a single county-wide highway district.

(5) "Public transportation service" means, without limitation, fixed transit routes; scheduled or unscheduled transit service provided by motor vehicle, bus, rail, van, aerial tramway and other modes of public conveyance; paratransit service for the elderly and disabled; shuttle and commuter service between cities, counties, health care facilities, employment centers, educational institutions or park-and-ride locations; subscription van and car-pooling service; and transportation services unique to social service programs.

(6) "Region" means the geographical area encompassed by an authority which may include all of a county or contiguous parts of one (1) or more counties.

History:

[40-2103, added 1994, ch. 327, sec. 1, p. 1053; am. 1996, ch. 353, sec. 1, p. 1177.]
Idaho Code § 40-2315 — Idaho Code / Title 40 / Chapter 23 / Section 40-2315
40-2315 DAMAGE TO HIGHWAYS OR DITCHES BY LIVESTOCK.
Status: in_force

40-2315. Damage to highways or ditches by livestock. (1) Any person owning livestock or an employee or agent of the owner of livestock, who shall drive, range or graze the livestock along or across the public highways or ditches, or who shall permit them to range or graze along or across public highways or ditches, and thereby obstruct or partially obstruct the highway, by rolling rocks, brush or other debris on it, or destroy or injure any grades, ditches, bridges or approaches to bridges, shall immediately repair the damage done to the highway or ditch at their own expense. Any person owning livestock who shall refuse or neglect to repair any and all damage done to highways or ditches, within twenty-four (24) hours, shall be deemed guilty of a misdemeanor.

(2) All commissioners, directors of highways, highway district commissioners, and the board and their deputies, are directed to supervise the enforcement of this section.

History:

[40-2315, added 1985, ch. 253, sec. 2, p. 696.]
Idaho Code § 40-1706 — Idaho Code / Title 40 / Chapter 17 / Section 40-1706
40-1706 ADJUSTMENT OF HIGHWAY DISTRICT BORDERS — NOTICE — HEARING — DECISION OF COMMISSIONERS — APPEAL.
Status: in_force

40-1706. Adjustment of highway district borders — Notice — Hearing — Decision of commissioners — Appeal. In areas where more than one (1) highway district exists and the highway districts were organized under the provisions of this chapter, the commissioners shall have the duty and obligation from time to time as shall be practical and for the best interests of the countywide administration of the secondary highway systems, to adjust the borders of the highway districts coexisting in the county as shall most equitably and economically permit the administration, operation and construction of the secondary highway system within the county. Notice of a proposal to change the boundaries of the highway districts within the county shall be given by the commissioners through the county clerk to the districts affected and notice shall be published in accordance with the provisions of section 40-206, Idaho Code. At the hearing any person objecting may be heard in opposition, and upon the closing of the hearing, the commissioners shall within ten (10) days after the hearing, notify the districts affected of their decision, and any district aggrieved by the decision shall have the right through its highway commissioners to appeal the decision directly to the district court of the county in which the district lies. Matters referred to the district court on appeal shall be submitted by petition for hearing within twenty (20) days of the announcement of the decision of the commissioners and the matter disposed of by the district court by reversal or approval. Failure to diligently prosecute the matter before the district court shall justify the district court in dismissing the appeal without hearing.

History:

[(40-1706) 40-1705, added 1985, ch. 253, sec. 2, p. 676; am. and redesig. 1998, ch. 415, sec. 6, p. 1311.]
Idaho Code § 40-114 — Idaho Code / Title 40 / Chapter 1 / Section 40-114
40-114 DEFINITIONS — M.
Status: in_force

40-114. Definitions — M. (1) "Main traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders.

(2) "Maintain" or "place" means to allow to exist, subject to the provisions of chapter 19, title 40, Idaho Code.

(3) "Maintenance" means to preserve from failure or decline, or repair, refurbish, repaint or otherwise keep an existing highway or public right-of-way in a suitable state for use including, without limitation, snow removal, sweeping, litter control, weed abatement and placement or repair of public safety signage.

(4) "Mortgage" means a class of liens, including deeds of trust, as are commonly given to secure advances on, or the unpaid purchase price of, real property under the laws of the state of Idaho, together with the credit instruments, if any, secured by it.

History:

[40-114, added 1985, ch. 253, sec. 2, p. 591; am. 2013, ch. 239, sec. 2, p. 560.]
Idaho Code § 40-810 — Idaho Code / Title 40 / Chapter 8 / Section 40-810
40-810 LEVY IN SPECIAL TAX DISTRICTS.
Status: in_force

40-810. Levy in special tax districts. When an order of the highway district board has become final and conclusive, the board shall levy upon all the land within the special tax district created by the order a special tax equal in amount to the amount so charged in the order against the special tax district, specifying the amount per acre. The secretary of the district shall transmit to the assessor and tax collector of the county a certified copy of the levy and of the order creating the special tax district. On receiving the certified copy, the county assessor shall assess, against the land in the special tax district, the amount levied, but it shall not be collected except as installments as shall be called for by the annual levies made by the highway district board of the taxes necessary to meet the requirements of the bonds. The existence of an assessment against land in the special tax district shall not be held to constitute a cloud upon the title of that land, nor as a breach of a convenant of warranty, title, nor against encumbrances in a deed or contract for the land, nor as rendering the title to the land unmarketable. The special tax authorized within special tax districts is a tax for the purpose of securing for the special tax districts the benefit of local highways within the limits of the special tax district, as distinguished from the general purpose of the bond issue as a whole of securing the benefit of a system of highways for the highway district at large.

History:

[40-810, added 1985, ch. 253, sec. 2, p. 631.]
Idaho Code § 40-1614 — Idaho Code / Title 40 / Chapter 16 / Section 40-1614
40-1614 TERRITORY DISANNEXED FROM ANOTHER COUNTY OR ADJACENT TO AN EXISTING HIGHWAY DISTRICT AND WITHIN THE COUNTY.
Status: in_force

ANNEXATION

40-1614. Territory disannexed from another county or adjacent to an existing highway district and within the county. Any area not within a highway district, but within a territory previously detached from a county and annexed to another county, and adjacent to a highway district organized before annexation and situate wholly within the county to which the territory has been annexed, and any area not within a highway district, which is adjacent to an existing highway district and situate wholly within the county within which the highway is located, may be added to, and included in, the highway district upon the approval of its highway commissioners and the order of the commissioners of the county in which the highway district is situated.

History:

[40-1614, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-2110 — Idaho Code / Title 40 / Chapter 21 / Section 40-2110
40-2110 CONTRIBUTIONS.
Status: in_force

40-2110. Contributions. The counties, cities, highway districts and other governmental entities within the region may, at their discretion, enter into a cooperative agreement with the authority in order to contribute funds from any source, provide services-in-kind and loan or convey real and personal property to the authority in recognition of costs of the authority, to maintain continuity of existing public transportation services, or to implement new services.

History:

[40-2110, added 1994, ch. 327, sec. 1, p. 1056; am. 1996, ch. 353, sec. 7, p. 1181.]
Idaho Code § 40-1709 — Idaho Code / Title 40 / Chapter 17 / Section 40-1709
40-1709 INVENTORY AND FINANCIAL STATEMENT OF DISSOLVED DISTRICT — DISPOSITION OF PROPERTY AND OBLIGATIONS OF DISSOLVED DISTRICT AND COUNTY ROAD DEPARTMENTS.
Status: in_force

40-1709. Inventory and financial statement of dissolved district — Disposition of property and obligations of dissolved district and county road departments. (1) Upon an election being held under the provisions of this chapter and an option being chosen, all affected highway districts and the county road department, where applicable, shall prepare and file with the county commissioners an inventory of all machinery, buildings, lands and property of every kind and nature and financial statement not later than ten (10) days subsequent to the canvass of the election.

(2) Title to all machinery, buildings, lands and property of every kind and nature, belonging to each affected highway jurisdiction shall immediately upon the dissolution of the district and county road department without further conveyance, be vested in the county commissioners as custodians and be delivered to the succeeding operational unit as soon as practicable. The succeeding unit shall be liable for any and all unliquidated obligations of the dissolved highway districts and county road department.

History:

[40-1709, added 1985, ch. 253, sec. 2, p. 677; am. 1998, ch. 415, sec. 8, p. 1311.]
Idaho Code § 40-1626 — Idaho Code / Title 40 / Chapter 16 / Section 40-1626
40-1626 PETITION FOR ELECTION — ELECTION.
Status: in_force

ANNEXATION

40-1626. Petition for election — Election. The election shall be conducted in accordance with the general election laws of the state. A petition for the election shall be initiated by not less than twenty-five (25) property owners, or all property owners if there are less than twenty-five (25) in the proposed area to be annexed. The proposed area to be annexed shall be set forth with clarity as to be specifically identified by a map of the area. The petition upon being signed shall be submitted to the commissioners of the highway district and to the commissioners concerned. The petition shall, within thirty (30) days after presentment, be either approved or rejected by the recorded motion of the commissioners in their minutes. Upon the petition being approved by the commissioners of the county in which the territory or a part is situated and the commissioners of the highway district, a certified copy of the petition, together with a certified copy of the resolution of the highway commissioners approving the petition for annexation and with the proposed election precinct boundaries and polling place, shall within ten (10) days be transmitted by the highway commissioners to the county clerk of the county or counties, in which the territory to be annexed lies. The commissioners in the county in which the territory lies shall then within sixty (60) days fix a time for the election on a date authorized in section 34-106, Idaho Code. The commissioners and county clerk shall do all things necessary for the holding of an election in conformity with the general election laws of the state. Upon the election being had the result shall be canvassed, declared and the result certified by the commissioners.

History:

[40-1626, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 91, p. 1046.]
Idaho Code § 40-2104 — Idaho Code / Title 40 / Chapter 21 / Section 40-2104
40-2104 PURPOSE OF AUTHORITY.
Status: in_force

40-2104. Purpose of authority. The purpose of an authority created pursuant to this chapter is to establish a single governmental agency oriented entirely toward public transportation needs within each county or region that deems such an agency necessary. This authority, a political subdivision of the state of Idaho, is under the supervision of and directly responsible to local governments, and shall provide public transportation services, encourage private transportation programs and coordinate both public and private transportation programs, services and support functions.

History:

[40-2104, added 1994, ch. 327, sec. 1, p. 1053; am. 1996, ch. 353, sec. 2, p. 1177; am. 2003, ch. 210, sec. 1, p. 555.]
Idaho Code § 40-1920 — Idaho Code / Title 40 / Chapter 19 / Section 40-1920
40-1920 LICENSE — RENEWAL — FEE.
Status: in_force

40-1920. License — Renewal — Fee. No person shall operate, establish, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtaining a license from the board. The license and each renewal shall be issued on a calendar year basis and shall expire on December 31 following the date of issuance. A fee of twenty-five dollars ($25.00) shall be charged for each original license or renewal license which shall be deposited in the state treasury in the highway distribution account.

History:

[40-1920, added 1985, ch. 253, sec. 2, p. 688.]
Idaho Code § 40-1908 — Idaho Code / Title 40 / Chapter 19 / Section 40-1908
40-1908 BOND OF OUT-OF-STATE LICENSEE OR PERMITTEE.
Status: in_force

40-1908. Bond of out-of-state licensee or permittee. When an application for a license or permit or for renewal is made by a nonresident or by a foreign corporation engaged in the business of outdoor advertising, the department in its discretion, as a condition to the issuance of a license or permit or renewal, may require the corporation to deposit with the department a bond in an amount and with surety to be approved by the department, to secure the corporation's compliance with the provisions of this chapter.

History:

[40-1908, added 1985, ch. 253, sec. 2, p. 685.]
Idaho Code § 40-110 — Idaho Code / Title 40 / Chapter 1 / Section 40-110
40-110 DEFINITIONS — I.
Status: in_force

40-110. Definitions — I.

(1) "Improved highway" means a graded and drained earth traveled way or better, to include one graded and graveled or with paved surface, and a graded and drained earth highway means a traveled way of natural earth, aligned and graded to permit reasonably convenient use by motor vehicles, and drained by a longitudinal and transverse system, natural or artificial, sufficient to prevent serious impairment of the highway by surface water.

(2) "Individual" means a person who is not a member of a family.

(3) "Industrial activities." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(4) "Industrial areas, unzoned." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(5) "Information center" means any area or site established and maintained at a safety rest area on an interstate or primary highway by or under the supervision or control of the department, where panels for the display of advertising and informational signs may be erected and maintained.

(6) "Interchange area" means the commencing or ending at the beginning of pavement widening at the exit or entrance to the main traveled way of an interstate, primary freeway, or turnpike project.

(7) "Interstate system" or "interstate highway" means any portion of the national system of interstate and defense highways located within the state, as officially designated or as may be hereafter so designated, by the Idaho transportation board, and approved by the secretary of transportation, pursuant to the provisions of title 23, U.S. Code, "Highways".

History:

[40-110, added 1985, ch. 253, sec. 2, p. 590.]
Idaho Code § 40-202 — Idaho Code / Title 40 / Chapter 2 / Section 40-202
40-202 DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY.
Status: in_force

40-202. Designation of highways and public rights-of-way. (1) The initial selection of the county highway system and highway district system may be accomplished in the following manner:

(a) The board of county or highway district commissioners shall cause a map to be prepared showing the general location of each highway and public right-of-way in its jurisdiction, and the commissioners shall cause notice to be given of intention to adopt the map as the official map of that system, and shall specify the time and place at which all interested persons may be heard.

(b) After the hearing, the commissioners shall adopt the map, with any changes or revisions considered by them to be advisable in the public interest, as the official map of the respective highway system.

(2) If a county or highway district acquires an interest in real property for highway or public right-of-way purposes, the respective commissioners shall:

(a) Cause any order or resolution enacted, and deed or other document establishing an interest in the property for their highway system purposes to be recorded in the county records; or

(b) Cause the official map of the county or highway district system to be amended as affected by the acceptance of the highway or public right-of-way.

Provided, however, a county with highway jurisdiction or highway district may hold title to an interest in real property for public right-of-way purposes without incurring an obligation to construct or maintain a highway within the right-of-way until the county or highway district determines that the necessities of public travel justify opening a highway within the right-of-way. The lack of an opening shall not constitute an abandonment, and mere use by the public shall not constitute an opening of the public right-of-way.

(3) Highways laid out, recorded and opened as described in subsection (2) of this section, by order of a board of commissioners, and all highways used for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways. If a highway created in accordance with the provisions of this subsection is not opened as described in subsection (2) of this section, there shall be no duty to maintain that highway, nor shall there be any liability for any injury or damage for failure to maintain it or any highway signs, until the highway is designated as a part of the county or highway district system and opened to public travel as a highway.

(4) When a public right-of-way is created in accordance with the provisions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho Code, there shall be no duty to maintain that public right-of-way, nor shall there be any liability for any injury or damage for failure to maintain it or any highway signs.

(5) Nothing in this section shall limit the power of any board of commissioners to subsequently include or exclude any highway or public right-of-way from the county or highway district system.

(6) By July 1, 2005, and at least every five (5) years thereafter, the board of county or highway district commissioners shall publish in map form and make readily available a map showing the general location of all highways and public rights-of-way under its jurisdiction. Any board of county or highway district commissioners may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.

(7) Prior to designating a new highway or public right-of-way on the official map, the board of county or highway district commissioners shall confirm that no legal abandonment has occurred on the new highway or right-of-way to be added to the official map. In addition, the board of county or highway district commissioners shall have some basis indicating dedication, purchase, prescriptive use or other means for the creation of a highway and public right-of-way with evidentiary support.

(8) The board of county or highway district commissioners shall give advance notice of hearing, by U.S. mail, to any landowner upon or within whose land the highway or public right-of-way is located whenever a highway or public right-of-way is proposed for inclusion on such map and the public status of such highway or public right-of-way is not already a matter of public record. The purpose of this official map is to put the public on notice of those highways and public rights-of-way that the board of county or highway district commissioners considers to be public. The inclusion or exclusion of a highway or public right-of-way from such a map does not, in itself, constitute a legal determination of the public status of such highway or public right-of-way. Any person may challenge, at any time, the inclusion or exclusion of a highway or public right-of-way from such map by initiating proceedings as described in section 40-208(7), Idaho Code.

(9) Nothing in this section or in any designation of the general location of a highway or public right-of-way shall authorize the public highway agency to assert or claim rights superior to or in conflict with any rights-of-way that resulted from the creation of a facility for the transmission of water which existed before the designation of the location of a highway or public right-of-way.

History:

[40-202, added 1985, ch. 253, sec. 2, p. 606; am. 1986, ch. 206, sec. 2, p. 512; am. 1988, ch. 184, sec. 2, p. 323; am. 1992, ch. 55, sec. 1, p. 161; am. 1993, ch. 412, sec. 3, p. 1506; am. 1995, ch. 121, sec. 1, p. 522; am. 1998, ch. 184, sec. 1, p. 673; am. 2000, ch. 251, sec. 1, p. 710; am. 2013, ch. 239, sec. 3, p. 560.]
Idaho Code § 40-1817 — Idaho Code / Title 40 / Chapter 18 / Section 40-1817
40-1817 LIMITATION ON NEW PROCEEDINGS FOR DISSOLUTION.
Status: in_force

40-1817. Limitation on new proceedings for dissolution. When any proceedings for dissolution of any highway district shall have failed of adoption, either on account of order of the commissioners or at election, no new proceedings for dissolution of the district shall be initiated less than one (1) year thereafter.

History:

[40-1817, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-1403 — Idaho Code / Title 40 / Chapter 14 / Section 40-1403
40-1403 REJECTION OF PLAN — INTERVALS FOR NEW ELECTIONS.
Status: in_force

40-1403. Rejection of plan — Intervals for new elections. In any county where the question fails of adoption, another election may be called and held by the submission of petitions, but any subsequent election shall be held not oftener than two (2) years after the holding of any election submitting the question to the vote of the electorate.

History:

[40-1403, added 1985, ch. 253, sec. 2, p. 658.]
Idaho Code § 40-2304 — Idaho Code / Title 40 / Chapter 23 / Section 40-2304
40-2304 CONSTRUCTION OF SIDEWALKS.
Status: in_force

40-2304. Construction of sidewalks. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land subject to authority conferred by law on the respective highway or county commissioners and the director of highways. Any person using the sidewalk with a horse or team without permission of the owner, is liable to the owner or occupant in the sum of twenty-five dollars ($25.00) for each trespass, and for all damages suffered.

History:

[40-2304, added 1985, ch. 253, sec. 2, p. 694.]
Idaho Code § 40-1508 — Idaho Code / Title 40 / Chapter 15 / Section 40-1508
40-1508 ELECTIONS — TIME OF HOLDING.
Status: in_force

40-1508. elections — Time of holding. An election held under the provisions of this chapter shall be held in each of the highway districts and counties affected by the proposed consolidation and shall be held on the same day and conducted in accordance with the provisions of title 34, Idaho Code.

History:

[40-1508, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 8, p. 506; am. 2009, ch. 341, sec. 83, p. 1043.]
Idaho Code § 40-1409 — Idaho Code / Title 40 / Chapter 14 / Section 40-1409
40-1409 EXPENSES OF ELECTION.
Status: in_force

40-1409. Expenses of election. In all counties where elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.

History:

[40-1409, added 1985, ch. 253, sec. 2, p. 660; am. 2009, ch. 341, sec. 78, p. 1042.]
Idaho Code § 40-504 — Idaho Code / Title 40 / Chapter 5 / Section 40-504
40-504 DIRECTOR — BOND.
Status: in_force

40-504. Director — Bond. Before entering upon the duties of his office, the director shall swear or affirm that he holds no other public office, nor any position under any political committee or organization. The affirmation shall be filed in the office of the secretary of state. The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The premium on the bond shall be a charge against the state, to be audited, allowed and paid as are other claims, out of the state highway and state aeronautics accounts.

History:

[40-504, added 1985, ch. 253, sec. 2, p. 614.]
Idaho Code § 40-1401 — Idaho Code / Title 40 / Chapter 14 / Section 40-1401
40-1401 ELECTION TO ESTABLISH DISTRICT.
Status: in_force

40-1401. Election to establish district. Any county may, at the discretion of the commissioners, or shall, upon a request in writing from ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, hold an election at which the following question shall be submitted to the electorate: "Shall this county be served by one county-wide highway district for all city highways and county secondary highways?". The election for this question shall be held at the next general election following a decision by the board of county commissioners for such an election or upon receipt of the qualified voters written requests to hold such election. At least one (1) public hearing shall be held by the board of county commissioners, prior to the election.

History:

[40-1401, added 1985, ch. 253, sec. 2, p. 658; am. 1988, ch. 221, sec. 1, p. 419.]
Idaho Code § 40-119 — Idaho Code / Title 40 / Chapter 1 / Section 40-119
40-119 DEFINITIONS — R.
Status: in_force

40-119. definitions — r. (1) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is known and recorded, and that serves to locate the corner.

(2) "Request for proposals (RFP)" means a document used to solicit proposals from design-build firms to design and construct a highway project or to solicit proposals from construction manager/general contractor firms to provide services prior to final design and then construct a highway project.

(3) "Request for qualifications (RFQ)" means a document issued by the department in the first step of a two-step selection process that describes the project in enough detail to let potential design-build firms determine if they wish to compete and forms the basis for developing a short-list of the most qualified design-build firms.

(4) "Responsive proposals" means proposals submitted by responsive proposers that comply with the request for proposals and all prescribed procurement procedures and requirements.

History:

[40-119, added 2010, ch. 293, sec. 10, p. 782; am. 2011, ch. 136, sec. 2, p. 384.]
Idaho Code § 40-2303 — Idaho Code / Title 40 / Chapter 23 / Section 40-2303
40-2303 PUBLIC USE OF PRIVATE DAM OR BRIDGE.
Status: in_force

40-2303. Public use of private dam or bridge. No right shall be deemed to have vested in the public for highway or other purposes, where free use may be granted to the public to a right-of-way for the purposes of travel, over and upon any dam or bridge constructed over and across any of the streams of this state, and owned by any person.

History:

[40-2303, added 1985, ch. 253, sec. 2, p. 694.]
Idaho Code § 40-407 — Idaho Code / Title 40 / Chapter 4 / Section 40-407
40-407 REMEDY.
Status: in_force

40-407. Remedy. The only remedy available to any holder of bonds, or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given may be restricted by a trust agreement, shall be to the particular turnpike project account and not against the state or any of its political subdivisions. A statement to this effect shall be printed on the face of all turnpike revenue bonds and any attached coupons.

History:

[40-407, added 1985, ch. 253, sec. 2, p. 608.]
Idaho Code § 40-320 — Idaho Code / Title 40 / Chapter 3 / Section 40-320
40-320 STATE HIGHWAY CONSTRUCTION AND RIGHT-OF-WAY COSTS BORNE BY STATE — EXCEPTIONS.
Status: in_force

40-320. State highway construction and right-of-way costs borne by state — Exceptions. All costs of constructing, reconstructing and acquiring rights-of-way for highways in the state highway system shall be borne by the state. However, when a county or incorporated city in which a state highway is located, or is to be located, desires a higher standard of construction or reconstruction than is planned, the county or city may, with the approval of the board, pay the additional cost.

History:

[40-320, added 1985, ch. 253, sec. 2, p. 606.]
Idaho Code § 40-1304 — Idaho Code / Title 40 / Chapter 13 / Section 40-1304
40-1304 DIVISION OF DISTRICTS INTO SUBDISTRICTS — VACANCY IN OFFICE OF HIGHWAY COMMISSIONER.
Status: in_force

40-1304. Division of districts into subdistricts — Vacancy in office of highway commissioner. (1) At the meeting of the county commissioners at which the highway district is declared organized, the commissioners shall divide the highway district into three (3) subdistricts, as nearly equal in population, area and mileage as practicable, to be known as highway commissioners subdistricts one, two and three. Subdistricts may be revised or modified by the highway district commissioners as changes in conditions demand. Not more than one (1) of the highway district commissioners shall be an elector of the same highway subdistrict. The first highway district commissioners appointed by the governor shall serve until the next highway district election, at which their successors shall be elected. The highway commissioners shall take office on July 1 following their election.

(2) Any vacancy occurring in the office of highway commissioner, other than by expiration of the term of office, shall be determined by the remaining highway district commissioners using the criteria established in section 59-901, Idaho Code. If it is determined that a vacancy has occurred, the commissioners shall declare there is a vacancy and such vacancy shall be filled by the highway district board and be for the balance of the term of the person replaced. If the remaining highway district commissioners are unable to agree on a person to fill the vacancy within thirty (30) days after the vacancy occurs, the chairman of the county commissioners of the county with the largest number of electors in the highway district shall then become a member of the highway district board for the purpose of filling the vacancy only. If a majority of the highway district board so constituted shall be unable to agree upon a person to fill the vacancy within thirty (30) days, or if two (2) or more vacancies shall occur in the board of highway commissioners at one time, a special election to fill the vacancy shall be called and held in the same manner provided by law for the holding of elections for highway commissioners, except that the date of the election shall be as soon as possible, and all duties imposed by law upon the highway district board in connection with elections shall be performed by the county commissioners.

(3) When there are two (2) or more vacancies on the highway district board at the same time, the chairman of the county commissioners, along with the additional county commissioners that the county commission chairman appoints, and with the remaining highway district commissioner, if applicable, shall constitute a temporary board of highway district commissioners. The temporary board of highway district commissioners shall perform the duties required by law of a highway district board of commissioners until the newly elected highway commissioners take office.

History:

[40-1304, added 1985, ch. 253, sec. 2, p. 647; am. 1994, ch. 123, sec. 2, p. 276; am. 1999, ch. 332, sec. 3, p. 896; am. 2006, ch. 165, sec. 1, p. 499; am. 2009, ch. 341, sec. 74, p. 1040; am. 2011, ch. 11, sec. 23, p. 36; am. 2017, ch. 212, sec. 1, p. 515.]
Idaho Code § 40-2203 — Idaho Code / Title 40 / Chapter 22 / Section 40-2203
40-2203 ORDER FOR HEARING UPON PETITION.
Status: in_force

40-2203. Order for hearing upon petition. Immediately upon its next regular meeting or at a special meeting called for that purpose, the highway district commissioners shall by order or resolution fix a time and place for a hearing of the petition, which time shall not be less than twenty-one (21) days from and after the date of the first publication of the notice of the petition and of the hearing.

History:

[(40-2203) 40-2103, added 1994, ch. 331, sec. 1, p. 1061; am. 2005, ch. 25, sec. 84, p. 118.]
Idaho Code § 40-1804 — Idaho Code / Title 40 / Chapter 18 / Section 40-1804
40-1804 NOTICE OF PETITION AND HEARING.
Status: in_force

40-1804. Notice of petition and hearing. The commissioners shall require their clerk to cause a notice to be published in accordance with the provisions of section 40-206, Idaho Code, setting forth that a petition has been filed, the prayer of the petition and notice of the time and place when and where the petition will be heard, and further notice that any elector of the district may, prior to or at the time of the hearing, file with the clerk written objections to the proposed dissolution.

History:

[40-1804, added 1985, ch. 253, sec. 2, p. 678.]
Idaho Code § 40-1314 — Idaho Code / Title 40 / Chapter 13 / Section 40-1314
40-1314 COMPENSATION OF HIGHWAY DISTRICT COMMISSIONERS, OFFICERS, AGENTS AND EMPLOYEES.
Status: in_force

40-1314. Compensation of highway district commissioners, officers, agents and employees. (1) It shall be the duty of the board of highway district commissioners of each highway district to fix the annual salaries of the highway district commissioners commencing on October 1 and for the next ensuing year. The proposed commissioner salaries shall be published as a separate line item in the highway district's annual budget.

(2) Actual expenses shall be paid in addition to their compensation. The payment for expenses shall be paid from the funds of the highway district upon the presentation of itemized vouchers, signed by the commissioners and under oath made to the secretary of the district.

(3) When a commissioner is an officer and/or agent of the district, the two (2) remaining commissioners may fix the salary and benefits to be paid him for his services as an officer and/or agent. A commissioner acting as an officer and/or agent of the district shall be entitled to his necessary and actual expenses in addition to his salary, but shall not be entitled to draw compensation as a commissioner when placed upon a salary. The board shall fix the salary and benefits to be paid to the other officers and agents and employees of the highway district, to be paid out of the treasury of the highway district.

(4) Commissioners are considered employees of the district. The district shall be liable and responsible for the actions of the commissioners, officers, agents and/or employees of the district when the commissioners, officers, agents and/or employees are performing their duties on behalf of the district.

History:

[40-1314, added 1985, ch. 253, sec. 2, p. 653; am. 1990, ch. 296, sec. 1, p. 818; am. 1993, ch. 109, sec. 2, p. 279; am. 1997, ch. 378, sec. 1, p. 1208; am. 2001, ch. 44, sec. 1, p. 83; am. 2002, ch. 133, sec. 1, p. 364; am. 2003, ch. 68, sec. 5, p. 232.]
Idaho Code § 40-1821 — Idaho Code / Title 40 / Chapter 18 / Section 40-1821
40-1821 NO DISTRICT DISSOLVED UNTIL SUCCEEDING OPERATIONAL UNIT IN EXISTENCE.
Status: in_force

40-1821. No district dissolved until succeeding operational unit in existence. No highway districts dissolved under the terms and provisions of this chapter shall be deemed to have been dissolved and shall not cease to operate and perform their duties and obligations until there shall have been organized and existing a succeeding operational unit.

History:

[40-1821, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-1903 — Idaho Code / Title 40 / Chapter 19 / Section 40-1903
40-1903 COUNTY ZONING ORDINANCES.
Status: in_force

40-1903. County zoning ordinances. It is the intention of the legislature to occupy the whole field of regulation by this chapter, except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated to act by appropriate ordinances duly adopted by any county of this state, nor does this chapter prohibit the passage by any county of reasonable land use or zoning regulations affecting the placing of advertising displays or the placement and operation of junkyards, in accordance with the provisions of chapter 65, title 67, Idaho Code.

History:

[40-1903, added 1985, ch. 253, sec. 2, p. 683; am. 1998, ch. 259, sec. 1, p. 862.]
Idaho Code § 40-2204 — Idaho Code / Title 40 / Chapter 22 / Section 40-2204
40-2204 NOTICE OF HEARING AND PETITION.
Status: in_force

40-2204. Notice of hearing and petition. The highway district commissioners shall require their clerk to have a notice published in accordance with the provisions of section 40-206, Idaho Code, setting forth the fact that a petition has been filed with the commissioners. The notice shall state the name of the highway district from which territory is proposed to be detached and organized into a new highway district; a concise description of the boundaries of the territory so proposed to be detached and organized into a new highway district; the current bonded and current warrant indebtedness of the district; a notice of the time and place when and where the petition will be heard by the highway district commissioners; and notice that any elector qualified to vote at an election of the highway district may, prior to or at the time of the hearing, file with the highway district clerk written objections to the proposed detachment and organization of said territory.

History:

[(40-2204) 40-2104, added 1994, ch. 331, sec. 1, p. 1061; am. and redesig. 2005, ch. 25, sec. 85, p. 118.]
Idaho Code § 40-319 — Idaho Code / Title 40 / Chapter 3 / Section 40-319
40-319 GOOD FAITH OF STATE PLEDGED TO APPROPRIATION.
Status: in_force

40-319. Good faith of state pledged to appropriation. For the construction and maintenance of highways as may be eligible for federal aid funds, excepting turnpike projects, the good faith of the state is pledged to make available funds which combined with funds made available by counties, highway districts and cities sufficient to match funds made available to the state of Idaho by the United States government for highway purposes and for the purpose of evidencing good faith, the board in the name of the state, is authorized to enter into any and all agreements with the United States government under rules and regulations approved by the United States government or any of its agencies.

History:

[40-319, added 1985, ch. 253, sec. 2, p. 605.]
Idaho Code § 40-811 — Idaho Code / Title 40 / Chapter 8 / Section 40-811
40-811 LIMITATIONS ON LEVY IN SPECIAL TAX DISTRICTS.
Status: in_force

40-811. Limitations on levy in special tax districts. No special tax or charge shall be made by a highway district against land within a special tax district until the highway has been completed to within at least one (1) mile of all the land within the special tax district, the highway has been accepted by the district board, the cost certified, and all the proceedings taken as specified. All interest payable on the bonds up to that time shall be paid by the highway district without imposing on the special tax district a special tax other than its share in the taxation of the highway district as a whole. After the special tax has been levied the highway district board shall in each year, at the same time of the tax levy to meet the interest requirements of bonds, also levy a special tax on the land within every special tax district then created, in an amount sufficient to pay the interest for that year on the portion of the bond issue, the indebtedness which shall have been charged against the special tax district. Whenever the highway district board shall levy a tax to meet any principal or sinking fund requirement of the bonds, they shall at the same time levy a special tax on the land within every special tax district an amount sufficient to pay the principal or sinking fund requirements for that year on the portion of the bond issue, the indebtedness of which shall have been charged against the special tax district. All special taxation within any single special tax district shall be of a uniform amount per acre within the special tax district. Each installment of principal or sinking fund tax collected from the taxation of any land within a special tax district shall be credited on the original assessment of special tax made, and where all the installments shall have been paid, the special assessment shall be deemed canceled, paid and discharged. No special tax district shall ever be called upon to pay as special taxes any sum greater than the amount charged against the district or the land in the original special assessment and proportionate share of interest. In making the levy for the requirements of the bonds, the highway district board shall levy on the district at large only an amount of taxes in each year as shall be required to meet the requirements for that year of that portion of the bond issue which has not been charged against the special tax districts. Should the levy together with the levies on special tax districts in any year fail to produce sufficient funds to meet the obligation of the highway district on the whole issue, then the deficiency shall be paid out of the other revenues of the highway district, and if necessary, the bond levy shall be increased in the following year to make good that deficiency. No failure or delay on the part of the highway district in imposing, levying or collecting the special taxes shall, as between the district and the bondholders, impair the obligation of the highway district upon the whole of the bonds.

History:

[40-811, added 1985, ch. 253, sec. 2, p. 631.]
Idaho Code § 40-1005 — Idaho Code / Title 40 / Chapter 10 / Section 40-1005
40-1005 INTEREST CEASES TEN DAYS AFTER CALL.
Status: in_force

40-1005. Interest ceases ten days after call. Interest on any warrant shall cease on the expiration of ten (10) days from the time of the posting of the notice. For all sums which may be paid by the treasurer, as interest on any warrant, after the expiration of ten (10) days from the earliest date at which there were sufficient funds with which to have called and paid the warrant, the treasurer and his sureties shall be liable upon his official bond.

History:

[40-1005, added 1985, ch. 253, sec. 2, p. 643.]
Idaho Code § 40-207 — Idaho Code / Title 40 / Chapter 2 / Section 40-207
40-207 VIOLATIONS — PENALTIES.
Status: in_force

40-207. Violations — Penalties. Any elected official or officer who shall violate or aid in the violation of any of the provisions of this title, unless a different penalty is prescribed by law, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than one thousand dollars ($1,000), or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. The reporting of violations under this title shall be afforded protection pursuant to the provisions of chapter 21, title 6, Idaho Code. All fines collected for violations of the provisions of this title shall be paid into the highway distribution account established in section 40-701, Idaho Code.

History:

[40-207, added 1985, ch. 253, sec. 2, p. 595; am. 2025, ch. 242, sec. 3, p. 1093; am. 2026, ch. 299, sec. 2, p. 1232.]
Idaho Code § 40-405 — Idaho Code / Title 40 / Chapter 4 / Section 40-405
40-405 TOLLS, FIXING AND COLLECTING.
Status: in_force

40-405. Tolls, fixing and collecting. (1) The board is authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections of the project, and to contract with any person, partnership, association or corporations desiring the use of any part of the project, including the right-of-way adjoining the paved portion, for the placement of telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, and restaurants, or for any other purpose except for tracks for railroad or for railway use, and to fix the terms, conditions, rents and rates of charge for that use.

(2) The board shall construct any gasoline service facilities which it may determine are needed on the project, and to afford users of the project a reasonable choice of motor fuels of different brands. Each gasoline service station shall be separately offered for lease upon sealed bids. Notice of the offer shall be published once a week in three (3) successive weeks in a newspaper having general circulation in the state. If acceptable bids are received, in the judgment of the board, each lease shall be awarded to the highest and best bidder, but no person shall be awarded or have the use of, nor shall motor fuel identified by trade marks, trade names or brands of any one (1) supplier, distributor or retailer of such fuel be sold at more than one (1) service station if they would constitute more than twenty-five per cent (25%) of the service stations on the entire project.

(3) No contract shall be required and no rent, fee or other charge of any kind shall be imposed for the use and occupation of any turnpike project for the installation, construction, use, operation, maintenance, repair, renewal, relocation or removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or other equipment or appliances in, on, along, over or under any turnpike project by any public utility, person or corporation paying a tax for the privilege of using the public highways or other public places in the state.

(4) Tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any contract with or for the benefit of bondholders. Tolls shall not be subject to supervision or regulation by any other department, division, bureau, commission, board, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of a resolution by the board in authorizing the issuance of bonds or of a trust agreement securing them.

History:

[40-405, added 1985, ch. 253, sec. 2, p. 607.]
Idaho Code § 40-2107 — Idaho Code / Title 40 / Chapter 21 / Section 40-2107
40-2107 BOARD PROCEDURES.
Status: in_force

40-2107. Board procedures. (1) At its first meeting following the appointment of all members, the board shall elect a chairman and a vice chairman from their number and appoint a secretary and a treasurer who need not be from their number for terms fixed by them. The offices of the secretary and treasurer may be filled by the same person. Certified copies of all appointments under the hand of the chairman and seal of the authority shall be filed with the clerk of each county and with the clerk of each city and with the secretary of each highway district in the region.

(2) A majority of the board members constitutes a quorum for the conduct of business. A majority of board members present at a board meeting at which a quorum has been established may exercise all of the powers of the full board except as otherwise provided in this chapter.

(3) As soon as practicable after organization the board shall designate a day, hour and place at which regular meetings shall be held. Minutes of all meetings must show what business was conducted, what votes were taken and what bills were submitted, considered, allowed or rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what services or materials, the amount claimed and the amount allowed. The list shall be signed by the chairman and attested by the secretary.

(4) All meetings of the board shall be public and all records of the authority shall be open to the inspection of the public during normal business hours. Special meetings of the board may be held upon the call of the board chairman or a majority of the board. The secretary must give each member not joining in the order five (5) days' notice of any special meeting.

(5) The authority treasurer shall execute and file with the authority secretary an official bond in an amount of money equal to an amount that may come into his hands as treasurer but in no case shall the amount of the bond be less than an amount fixed by the board. The cost of such bond shall be a necessary expense paid by the authority.

History:

[40-2107, added 1994, ch. 327, sec. 1, p. 1055; am. 1996, ch. 353, sec. 5, p. 1180.]
Idaho Code § 40-1609 — Idaho Code / Title 40 / Chapter 16 / Section 40-1609
40-1609 EFFECT OF DETACHMENT OF TERRITORY — APPORTIONMENT OF INDEBTEDNESS.
Status: in_force

DETACHMENT

40-1609. Effect of detachment of territory — Apportionment of indebtedness. The detachment of territory from the district shall be deemed to relate only to the operations of the district subsequent to the order of detachment. Territory detached and all taxable property in that territory shall be and remain liable for the proportionate share of all bonded, warrant, and other indebtedness incurred by the district prior to the time of detachment. The proportionate share of the indebtedness of the district incurred prior to the order of detachment to be borne by the detached territory is hereby established and shall be determined and computed as follows:

(1) The highway district commissioners shall, at the meeting at which an order of detachment is made, compute the total aggregate market value for assessment purposes of the property within the district for the preceding year, and shall separately compute the total aggregate market value for assessment purposes for the preceding year of all the property within the territory detached from the district.

(2) The highway district commissioners shall compute and determine as of the date of the order of detachment the cash and solvent credits owing to the district and the value of the highway equipment and other personal property owned by it at the time of the detachment of territory, all of which property shall be retained by the district.

(3) The proportion of the outstanding indebtedness of the district incurred prior to the withdrawal of territory for which the withdrawn territory shall be and remain liable is the proportion that the aggregate market value for assessment purposes of the property within the withdrawn territory bears to the market value for assessment purposes of the property within the entire highway district as shown by the assessment rolls of the preceding year, less credit for the proportionate share or interest of the withdrawn territory in the cash, solvent credits, and personal property of the district, that share being based upon the proportion that the market value for assessment purposes of the property within the detached territory for the preceding year bears to the market value for assessment purposes of the total property within the entire district for the year.

History:

[40-1609, added 1985, ch. 253, sec. 2, p. 670.]
Idaho Code § 40-619 — Idaho Code / Title 40 / Chapter 6 / Section 40-619
40-619 DUTIES AND POWERS OF COUNTY DIRECTOR OF HIGHWAYS.
Status: in_force

40-619. Duties and powers of county director of highways. The county director of highways shall:

(1) Prepare and submit each year for the approval of the commissioners a tentative highway budget covering all proposed expenditures for the ensuing year.

(2) Divide the county into a suitable and convenient number of highway divisions, which shall exist only for the purpose of facilitating highway construction and maintenance activities. The geographical boundaries and arrangements of the divisions may, with the approval of the commissioners, be altered at any time at the discretion of the director of highways.

(3) Employ assistants and employees as may be necessary for county highway purposes, subject to the approval of the commissioners as to salaries or other compensation to be paid.

(4) Purchase or lease equipment necessary for county highway purposes and sell or replace obsolete equipment, subject to the approval of the commissioners as to the price, rental or cost of replacement.

(5) Cause to be erected and maintained on county highways, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrian and vehicular traffic.

(6) Cause surveys, maps, plans, specifications and estimates to be made for the construction, reconstruction and maintenance of county highways.

(7) Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any county highway, and remove and destroy any unauthorized signs.

(8) Perform other acts as may be authorized by the commissioners for the improvement and maintenance of county highways.

History:

[40-619, added 1985, ch. 253, sec. 2, p. 620.]
Idaho Code § 40-501 — Idaho Code / Title 40 / Chapter 5 / Section 40-501
40-501 TRANSPORTATION DEPARTMENT.
Status: in_force

40-501. Transportation department. An Idaho transportation department is established, and for the purposes of section 20, article IV of the constitution of the state of Idaho, is an executive department of state government. The department shall have as its head the Idaho transportation board, established by chapter 3, title 40, Idaho Code.

History:

[40-501, added 1985, ch. 253, sec. 2, p. 613.]
Idaho Code § 40-117 — Idaho Code / Title 40 / Chapter 1 / Section 40-117
40-117 DEFINITIONS — P.
Status: in_force

40-117. Definitions — P. (1) "Person" includes every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors.

(2) "Place." (See "Maintain," section 40-114, Idaho Code)

(3) "Preliminary design," as used in section 40-904, Idaho Code, means the general project location and design concepts. It includes but is not limited to preliminary engineering and other activities and analyses, such as environmental assessments, topographic surveys, metes and bounds surveys, geotechnical investigations, hydrologic analyses, hydraulic analyses, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, general estimates of the types and quantities of materials and other work needed to establish parameters for the final design.

(4) "Price proposal" means the price submitted by a design-build firm to provide the required design and construction services described in the request for proposals or the price submitted by a construction manager/general contractor firm to provide the required construction services described in the request for proposal.

(5) "Primary benefit of motor vehicles" and "benefit primarily motor vehicles" means designing highway and bridge maintenance and construction projects to reduce traffic congestion, travel delays, engine idle time, and unproductive fuel consumption. "Primary benefit of motor vehicles" also includes and is limited to improving vehicle traffic flow and travel times through expanding vehicle travel lanes, improving intersection efficiency, adding turning lanes, improving transportation management systems, or a combination of such methods. Highway improvements to existing or new bicycle and pedestrian facilities may only be included in a project for the primary benefit of motor vehicles if such facilities:

(a) Provide a collateral or secondary benefit to the project;

(b) Receive federal funds or grants for such purposes; or

(c) Are highway design improvements that are necessary to comply with existing federal law.

(6) "Primary system" or "primary highway" means any portion of the highways of the state, as officially designated, or as may hereafter be so designated, by the Idaho transportation board, and approved by the secretary of transportation, pursuant to the provisions of title 23, U.S. Code, "Highways."

(7) "Public highway agency" means the state transportation department, any city, county, highway district or other political subdivision of the state with jurisdiction over public highway systems and public rights-of-way.

(8) "Public highways" means all highways open to public use in the state, whether maintained by the state or by any county, highway district, city, or other political subdivision. (Also see "Highways," section 40-109, Idaho Code)

(9) "Public land survey corner" means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the United States general land office and the United States department of interior, bureau of land management.

(10) "Public right-of-way" means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain, but may expend funds for the maintenance of, said public right-of-way or post traffic signs for vehicular traffic on said public right-of-way. In addition, a public right-of-way includes a right-of-way which was originally intended for development as a highway and was accepted on behalf of the public by deed of purchase, fee simple title, authorized easement, eminent domain, by plat, prescriptive use, or abandonment of a highway pursuant to section 40-203, Idaho Code, but shall not include federal land rights-of-way, as provided in section 40-204A, Idaho Code, that resulted from the creation of a facility for the transmission of water. Public rights-of-way shall not be considered improved highways for the apportionment of funds from the highway distribution account.

(11) "Public street" means a road, thoroughfare, alley, highway or bridge under the jurisdiction of a public highway agency.

(12) "Public transportation services" means, but is not limited to, fixed transit routes, scheduled or unscheduled transit services provided by motor vehicle, bus, rail, van, aerial tramway and other modes of public conveyance; paratransit service for the elderly and disabled; shuttle and commuter service between cities, counties, health care facilities, employment centers, educational institutions or park-and-ride locations; subscription van and car pooling services; transportation services unique to social service programs; and the management and administration thereof.

History:

[40-117, added 1985, ch. 253, sec. 2, p. 591; am. 1993, ch. 412, sec. 2, p. 1506; am. 2000, ch. 252, sec. 1, p. 716; am. 2000, ch. 417, sec. 1, p. 1328; am. 2010, ch. 293, sec. 9, p. 781; am. 2011, ch. 136, sec. 1, p. 383; am. 2025, ch. 242, sec. 2, p. 1092; am. 2026, ch. 299, sec. 1, p. 1231.]
Idaho Code § 40-2201 — Idaho Code / Title 40 / Chapter 22 / Section 40-2201
40-2201 HIGHWAY DISTRICTS SUBJECT TO DETACHMENT.
Status: in_force

40-2201. Highway districts subject to detachment. A portion of the territory of an existing highway district, provided that the district is not a single county-wide highway district organized under the provisions of chapter 14, title 40, Idaho Code, whether the district is situated wholly in one (1) or more counties, may be detached from the highway district and established as a new highway district as provided in this chapter.

History:

[(40-2201) 40-2101, added 1994, ch. 331, sec. 1, p. 1061; am. and redesig. 2005, ch. 25, sec. 82, p. 117.]
Idaho Code § 40-802 — Idaho Code / Title 40 / Chapter 8 / Section 40-802
40-802 AUDITOR TO FURNISH MARKET VALUE FOR ASSESSMENT PURPOSES — BOARD TO MAKE LEVY.
Status: in_force

40-802. auditor to furnish market value for assessment purposes — Board to make levy. On or before the third Monday in July of each year the county auditor shall deliver to the secretary of each highway district within the county a statement showing the aggregate market value for assessment purposes of all the taxable property in the district, and showing separately the aggregate market value for assessment purposes of all the taxable property within each included city in each district. The highway district board shall levy the taxes provided for.

History:

[40-802, added 1985, ch. 253, sec. 2, p. 628; am. 2012, ch. 38, sec. 3, p. 116.]
Idaho Code § 40-2317 — Idaho Code / Title 40 / Chapter 23 / Section 40-2317
40-2317 REMOVAL OF FENCES.
Status: in_force

40-2317. Removal of fences. When the alteration of an old or the opening of a new highway makes it necessary to remove fences on land given, purchased or condemned by order of a court for highway purposes, notice to remove the fences shall be given by the director of highways to the owner, his occupant, or agent, or by posting the notice on the fence. If removal is not accomplished within ten (10) days, or commenced and prosecuted as speedily as possible, the director of highways may cause it to be carefully removed at the expense of the owner, and recover from him the cost of removal. The fence material may be sold to satisfy the judgment.

History:

[40-2317, added 1985, ch. 253, sec. 2, p. 697.]
Idaho Code § 40-513C — Idaho Code / Title 40 / Chapter 5 / Section 40-513C
40-513C DESIGNATION OF PURPLE HEART TRAIL.
Status: in_force

40-513C. Designation of purple heart trail. That portion of interstate highway I-90 located in Idaho is the Idaho portion of the national purple heart trail. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the purple heart trail, and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct, and erect the signs and markers only to the extent that moneys are provided for this purpose through private donations, grants, awards or other moneys.

History:

[40-513C, added 2008, ch. 215, sec. 1, p. 671.]
Idaho Code § 40-2310 — Idaho Code / Title 40 / Chapter 23 / Section 40-2310
40-2310 CATTLE GUARDS ACROSS ROADS — LANDOWNER'S RIGHT TO CONSTRUCT — GATES.
Status: in_force

40-2310. Cattle guards across roads — Landowner's right to construct — Gates. (1) The owner, or lessee of any land crossed by any highway, except highways maintained by the department, who encloses the land with a lawful fence, shall, with the consent of the commissioners, highway district commissioners, or other governing body having jurisdiction over the highway, have the right to enclose the land, by erecting or constructing cattle guards across the highway. Cattle guards shall be constructed in accordance with plans and specifications as the respective commissioners or other governing body having jurisdiction of the highway shall prescribe.

(2) Any owner or lessee of land constructing a cattle guard across a highway under the provisions of subsection (1) above, shall cause a gate not less than twelve (12) feet long to be constructed and maintained in the fence connected to the cattle guard. The gate shall not be more than thirty-three (33) feet from the highway. The surface of the guard adjoining the highway and gate shall be so leveled and maintained that a vehicle can pass from the highway through the gate on either side of the fence, and the gate shall be unlocked at all times.

History:

[40-2310, added 1985, ch. 253, sec. 2, p. 695.]
Idaho Code § 40-516 — Idaho Code / Title 40 / Chapter 5 / Section 40-516
40-516 LEGISLATIVE INTENT: DIG ONCE POLICY.
Status: in_force

40-516. Legislative Intent: DIG ONCE POLICY. (1) It is the intent of the legislature to recognize that the citizens of the state live and work in a data-driven society and that the connectivity in Idaho's urban and rural areas are key for a thriving Idaho economy. Broadband is a vital component in accomplishing connectivity throughout Idaho.

(2) The legislature recognizes and hereby declares that broadband service throughout the entire state is in the overall public interest for the state of Idaho in furtherance of the social and economic development of the state, and the use of highway rights-of-way to support broadband infrastructure and a "Dig Once Policy" furthers the overall public interest.

(3) It is the intent of the legislature that the Idaho transportation department develop rules, standards, and policies consistent with the "Dig Once Policy" to facilitate the expansion of broadband with the cost-efficient, orderly, and coordinated installation of broadband infrastructure on highway rights-of-way and during roadway construction.

History:

[40-516, added 2022, ch. 208, sec. 2, p. 670.]
Idaho Code § 40-1617 — Idaho Code / Title 40 / Chapter 16 / Section 40-1617
40-1617 HEARING ON PETITION — NOTICE.
Status: in_force

ANNEXATION

40-1617. Hearing on petition — Notice. Upon the filing of petitions, the commissioners shall fix a time for hearing the petition and shall cause a notice to be published in accordance with the provisions of section 40-206, Idaho Code, and shall describe the area proposed to be annexed to the highway district.

History:

[40-1617, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-2001 — Idaho Code / Title 40 / Chapter 20 / Section 40-2001
40-2001 RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS — LEGISLATIVE FINDING.
Status: in_force

40-2001. Relocation aid for persons displaced by public programs — Legislative finding. The legislature finds and declares that the prompt and equitable relocation and reestablishment of persons, families, businesses, farmers, and nonprofit organizations displaced as a result of any state or local governmental program or project is a necessary purpose, is a cost of those programs and projects and is a public purpose. In order to insure that individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole the legislature declares that relocation payments and relocation advisory assistance shall be provided to all persons so displaced in accordance with the terms and provisions of this chapter and rules promulgated by the board. The legislature finds and declares that rent supplement or purchase assistance payments to tenants and relocation payments to owner-occupants, businesses, and farmers in accordance with the provisions of this chapter are a public purpose and are necessary to enable all displaced persons to obtain decent, safe, and sanitary dwellings. The legislature further declares the provisions of this chapter may be applicable to all programs.

History:

[40-2001, added 1985, ch. 253, sec. 2, p. 689; am. 2000, ch. 192, sec. 1, p. 473.]
Idaho Code § 40-519 — Idaho Code / Title 40 / Chapter 5 / Section 40-519
40-519 PROVIDER SHALL NOT BE ASSESSED FAIR MARKET VALUE.
Status: in_force

40-519. provider shall not be assessed fair market value. A broadband provider installing broadband infrastructure in accordance with sections 40-515 through 40-520, Idaho Code, shall not be assessed fair market value.

History:

[40-519, added 2022, ch. 208, sec. 5, p. 673.]
Idaho Code § 40-409 — Idaho Code / Title 40 / Chapter 4 / Section 40-409
40-409 REAL PROPERTY GRANTS AUTHORIZED — ANNUAL REPORT — INTEREST IN CONTRACT PENALIZED.
Status: in_force

40-409. Real property grants authorized — Annual report — Interest in contract penalized. (1) Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the board. Each project shall also be operated by tolltakers and other operating employees as the board may in its discretion employ. Nothing contained in this chapter shall in any way affect the regular duties prescribed for state and local police officers.

(2) All political subdivisions and all public departments, agencies and commissions of the state of Idaho, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the board at its request, upon terms and conditions as the proper authorities of political subdivisions and departments, agencies and commissions of the state deem reasonable and fair, and without the necessity for advertisement, order of a court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the board, including public highways and other real property already devoted to public use.

(3) On or before December 1 each year the board shall make an annual report of its activities for the preceding fiscal year relating to turnpike projects to the governor and to the legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year. The board shall cause an audit of its books and accounts to be made as required in section 67-450B, Idaho Code, and the cost of audits shall be treated as a part of the cost of construction or of operation of the turnpike project.

(4) Any member, agent or employee of the board who is interested, either directly or indirectly, in any contract of another with the board, or in the sale of any property, either real or personal, to the board shall be guilty of a felony and punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or by both fine and imprisonment.

History:

[40-409, added 1985, ch. 253, sec. 2, p. 609; am. 1993, ch. 387, sec. 9, p. 1425.]
Idaho Code § 40-704 — Idaho Code / Title 40 / Chapter 7 / Section 40-704
40-704 TURNPIKE PROJECT ACCOUNTS — ESTABLISHMENT.
Status: in_force

40-704. Turnpike project accounts — Establishment. In order to provide for the redemption of and interest on turnpike revenue bonds, and construction, maintenance and operation of turnpike projects, there may be established in the dedicated fund of the state treasury an account to be known by the appropriate name of each turnpike project. Each account shall include all moneys received and paid over for the particular turnpike project, and the moneys in each account shall be expended solely for that turnpike project.

History:

[40-704, added 1985, ch. 253, sec. 2, p. 622.]