Idaho Code § 40-103 — Idaho Code / Title 40 / Chapter 1 / Section 40-103
40-103 DEFINITIONS — B.
Status: in_force

40-103. Definitions — B. (1) "Base technical concept" means the project specific concepts and technical information provided in the request for proposals on which design-build firms will develop their technical and price proposals.

(2) "Benefit primarily motor vehicles" and "primary benefit of motor vehicles" means designing highway and bridge maintenance and construction projects to reduce traffic congestion, travel delays, engine idle time, and unproductive fuel consumption.

(3) "Best value selection" means any selection process in which proposals contain both price and qualitative components and award is based on a combination of price and qualitative considerations.

(4) "Board" means the Idaho transportation board.

(5) "Business" means any lawful activity, excepting a farm operation, conducted primarily for the purchase, resale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities, or other personal property; for the sale of services to the public; or solely for the purpose of section 40-2004(1), Idaho Code, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not displays are located on the premises on which any of the activities are conducted.

(6) "Business entity" means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.

History:

[40-103, added 1985, ch. 253, sec. 2, p. 588; am. 2010, ch. 293, sec. 2, p. 778; am. 2025, ch. 242, sec. 1, p. 1091.]
Idaho Code § 40-121 — Idaho Code / Title 40 / Chapter 1 / Section 40-121
40-121 DEFINITIONS — T.
Status: in_force

40-121. Definitions — T. (1) "Technical proposal" means that portion of a design-build firm proposal that contains design solutions and other qualitative factors that are provided in response to a request for proposals.

(2) "Tourist related advertising sign" means any sign which advertises a specific public or private facility, accommodation or service, at a particular location or site, including: overnight lodging, a camp site, food service, recreational facility, tourist attraction, education or historical site or feature, automotive service, facility or garage.

(3) "Turnpike project" means any express highway or bridge at locations and between terminals as may be established by the board and constructed or to be constructed under the provisions of chapter 4, title 40, Idaho Code, and shall include all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings, which the board may deem necessary for the operation of a project, together with all property, rights, easements, and interests which may be acquired by the board for the construction or the operation of a project.

(4) "Turnpike revenue bonds" mean bonds of the transportation board authorized under the provisions of section 40-412, et seq., Idaho Code.

(5) "Two-step selection" means a procurement process in which the first step consists of short-listing based on statements of qualifications submitted in response to a request for qualifications and the second step consists of the submission of price and technical proposals in response to a request for proposals.

History:

[40-121, added 1985, ch. 253, sec. 2, p. 592; am. 2010, ch. 293, sec. 12, p. 783.]
Idaho Code § 40-1305A — Idaho Code / Title 40 / Chapter 13 / Section 40-1305A
40-1305A ELECTION ADMINISTRATION.
Status: in_force

40-1305A. Election administration. Highway district elections shall be conducted in accordance with the general laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The county commissioners shall select polling places and the county clerk shall appoint election judges and clerks.

The county clerk shall conduct the elections for a highway district and shall perform all necessary duties of the election official of a highway district.

History:

[40-1305A, added 1994, ch. 123, sec. 4, p. 277; am. 2008, ch. 258, sec. 1, p. 751; am. 2009, ch. 341, sec. 76, p. 1041.]
Idaho Code § 40-515 — Idaho Code / Title 40 / Chapter 5 / Section 40-515
40-515 SHORT TITLE.
Status: in_force

40-515. short title. This section through section 40-520, Idaho Code, shall be known and may be cited as the "Idaho Broadband Dig Once and Right-of-Way Act."

History:

[40-515, added 2022, ch. 208, sec. 1, p. 670.]
Idaho Code § 40-2002 — Idaho Code / Title 40 / Chapter 20 / Section 40-2002
40-2002 RELOCATION ADVISORY ASSISTANCE.
Status: in_force

40-2002. Relocation advisory assistance. Any agency is authorized, as a part of the cost of any program or project, to give relocation advisory assistance to any individual, family, business or farm operation displaced because of the acquisition of real property for any project. If any agency determines that any person occupying property immediately adjacent to the real property acquired has been caused substantial economic injury because of the acquisition, it shall offer him relocation advisory services.

History:

[40-2002, added 1985, ch. 253, sec. 2, p. 690; am. 2000, ch. 192, sec. 2, p. 473.]
Idaho Code § 40-719 — Idaho Code / Title 40 / Chapter 7 / Section 40-719
40-719 STRATEGIC INITIATIVES PROGRAM AND STRATEGIC INITIATIVES GRANT PROGRAM.
Status: in_force

40-719. STRATEGIC INITIATIVES PROGRAM and strategic initiatives grant program. (1) The Idaho transportation department shall establish and maintain a strategic initiatives program. The purpose of the program is to fund transportation projects that are proposed by the department's six (6) districts and local units of government. Proposed projects shall compete for strategic initiative program selection and funding on a statewide basis based on an analysis of their return on investment in the following categories:

(a) Safety, including the projected reduction of crashes, injuries and fatalities;

(b) Mobility, including projected traffic-flow improvements for freight and passenger cars;

(c) Economic opportunity, including the projected cost-benefit ratio for users and businesses;

(d) The repair and maintenance of bridges;

(e) The purchase of public rights-of-way; and

(f) Child pedestrian safety on the state and local system.

(2)(a) There is hereby established in the state treasury the strategic initiatives program fund, to which shall be deposited any appropriated moneys for funding of the strategic initiatives program.

(b) Unless otherwise specified, moneys transferred into the strategic initiatives program fund after May 30, 2017, shall be apportioned as follows:

(i) Sixty percent (60%) to projects proposed by the Idaho transportation department's six (6) districts; and

(ii) Forty percent (40%) to local units of government for the purpose of operating a strategic initiatives program administered by the local highway technical assistance council (LHTAC) established in section 40-2401, Idaho Code.

(c) The strategic initiatives program for local units of government shall be exempt from the requirements contained in subsection (1)(c) of this section.

(3)(a) LHTAC shall establish and maintain a strategic initiatives grant program, which shall be separate from the strategic initiatives program described in subsections (1) and (2) of this section. The strategic initiatives grant program shall be for the purpose of assisting local units of government to mitigate the impact of new alignments on the state highway system on local roads, state highway projects, or for economically significant local transportation projects that require the funding or technical assistance of LHTAC to facilitate.

(b) There is hereby established in the state treasury the strategic initiatives grant program fund, to which shall be deposited any appropriated moneys for funding of the strategic initiatives grant program.

(c) Fifty percent (50%) of the funds appropriated to the strategic initiatives grant program described in this subsection shall be awarded to large urban areas that have a population greater than fifty thousand (50,000), and fifty percent (50%) of such funds shall be awarded to rural areas or to small urban areas with a population that is less than fifty thousand (50,000). Large urban areas as described in this paragraph shall be required to match twenty percent (20%) of any funds received pursuant to the strategic initiatives grant program. Unsuccessful strategic initiatives grant program applicants shall be required to reapply in order to be considered for a subsequent grant opportunity. LHTAC shall report annually to the transportation and defense committee of the house of representatives and the transportation committee of the senate of the legislature regarding the strategic initiatives grant program.

(4) Interest earned on the investment of idle moneys in the funds established pursuant to this section shall be paid to such funds. All moneys in the strategic initiatives program fund shall be used for funding the strategic initiatives program. All moneys in the strategic initiatives grant program fund shall be used for funding the strategic initiatives grant program. All moneys in the funds established pursuant to this section are hereby continuously appropriated.

History:

[40-719, added 2015, ch. 341, sec. 6, p. 1285; am. 2017, ch. 322, sec. 8, p. 844; am. 2017, ch. 337, sec. 1, p. 871; am. 2023, ch. 38, sec. 1, p. 173; am. 2024, ch. 229, sec. 1, p. 807.]
Idaho Code § 40-1814 — Idaho Code / Title 40 / Chapter 18 / Section 40-1814
40-1814 DISTRICTS IN TWO OR MORE COUNTIES — PROVISION FOR PAYMENT OF INDEBTEDNESS UPON DISSOLUTION.
Status: in_force

40-1814. Districts in two or more counties — Provision for payment of indebtedness upon dissolution. The commissioners of the county in which the petitions for dissolution are filed, shall determine the indebtedness of the entire district and shall provide for the payment of the indebtedness out of district funds on hand, or to be raised by special levies, levied by the county, and shall be certified to the clerk of the commissioners of each of the counties in which is situated any part of the dissolved district, and an ad valorem tax shall be levied and imposed by each of the counties upon property of the district as may be within the county. The tax shall be collected, and not less than quarterly, be remitted to the treasurer of the county where the petitions are filed, to be applied in payment of the indebtedness of the dissolved district.

History:

[40-1814, added 1985, ch. 253, sec. 2, p. 681.]
Idaho Code § 40-1624 — Idaho Code / Title 40 / Chapter 16 / Section 40-1624
40-1624 ANNEXATION OF CONTIGUOUS TERRITORY.
Status: in_force

ANNEXATION

40-1624. Annexation of contiguous territory. Additional territory adjoining a highway district and lying contiguous with and within one (1) or more counties may be added to and be included in the district, by the affirmative vote of a majority of the qualified electors of the additional territory voting on the question at an election held for that purpose, which vote shall be taken at an election on a date authorized in section 34-106, Idaho Code. Additional territory shall not be annexed to or included in the district unless annexation and inclusion shall be first approved by the commissioners of the county in which the area proposed to be annexed is located if it shall be deemed to be in the best public interest, and by the highway district commissioners of the existing district by resolution, entered on their minutes prior to the election on the question of annexation.

History:

[40-1624, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 89, p. 1045.]
Idaho Code § 40-2404 — Idaho Code / Title 40 / Chapter 24 / Section 40-2404
40-2404 COUNCIL FISCAL YEAR — ANNUAL REPORT.
Status: in_force

40-2404. Council fiscal year — annual report. The fiscal year for the local highway technical assistance council shall be July 1 through June 30. On an annual basis, the council shall issue a report outlining its activities for the previous year, including a financial statement. Copies of the report shall be provided to the members of the transportation committees of the legislature.

History:

[40-2404, added 1994, ch. 280, sec. 5, p. 872.]
Idaho Code § 40-1910A — Idaho Code / Title 40 / Chapter 19 / Section 40-1910A
40-1910A REMOVAL OF OFF-PREMISES OUTDOOR ADVERTISING PROHIBITED WITHOUT COMPENSATION.
Status: in_force

40-1910A. Removal of off-premises outdoor advertising prohibited without compensation. (1) No governmental entity, including the state, or any municipality, county or other political subdivision shall remove or cause to be removed any legally placed off-premises outdoor advertising without paying compensation in cash or other method of payment mutually agreed upon, to the owner of the off-premises outdoor advertising based upon the fair market value of the off-premises outdoor advertising removed or proposed to be removed.

(2) As used in this section:

(a) "Off-premises outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform and which is situated in order to be visible from any highway, or other traveled way and which is located on property which is separate from and not adjoining the premises or property on which the advertised activity is carried out.

(b) "Fair market value of the off-premises outdoor advertising" means the value of the off-premises outdoor advertising which shall include consideration of the income derived from the same and which shall otherwise be determined in the same manner as provided in section 7-711, Idaho Code.

(c) "Legally placed" means, in reference to off-premises outdoor advertising, off-premises outdoor advertising which was erected in compliance with state laws and local ordinances, in effect at the time of erection or which was subsequently brought into compliance with state laws and local ordinances, except that the term does not apply to any off-premises outdoor advertising whose use is modified after erection in a manner which causes it to become illegal. Nothing herein shall require the payment of compensation for the removal by a governmental entity of any off-premises or other outdoor advertising which is, without authorization, erected or located in or upon a public right-of-way unless the same was legally placed thereon prior to the premises becoming a public right-of-way.

(d) "Relocation" means removal of off-premises outdoor advertising and construction within the same market area of new off-premises outdoor advertising to substitute for the off-premises outdoor advertising removed.

(3) It is a policy of this state to encourage governmental entities and owners of off-premises outdoor advertising to enter into relocation agreements in lieu and instead of paying the compensation provided herein, to continue development in a planned manner without expenditures of public funds while allowing continued maintenance of private investment and a medium of public communication. The state, cities, counties and all other political subdivisions are specifically empowered to enter into relocation agreements on whatever terms are agreeable to the off-premises outdoor advertising owner and the governmental entity and to adopt rules, ordinances or resolutions providing for relocation of off-premises outdoor advertising, provided that nothing herein shall require compensation other than the actual cost of relocation unless the said owner is reasonably unable to acquire an alternate permissible location of comparable cost and value within the same market area. Notwithstanding anything to the contrary herein, this section shall not be construed to prohibit a governmental entity from entering into any relocation agreement upon such terms as shall be otherwise lawful.

(4) The requirement by a local governmental entity that legally placed off-premises advertising be removed as a condition or prerequisite for the issuance or continued effectiveness of a permit, license or other approval for any use, structure, development or activity other than off-premises outdoor advertising constitutes a compelled removal requiring compensation under this section unless the permit, license or approval is requested for the construction of a building or structure which cannot be built without physically removing the off-premises outdoor advertising.

History:

[40-1910A, added 1997, ch. 156, sec. 1, p. 451.]
Idaho Code § 40-507 — Idaho Code / Title 40 / Chapter 5 / Section 40-507
40-507 CONSTRUCTION AND MAINTENANCE OF INFORMATION CENTERS.
Status: in_force

40-507. Construction and maintenance of information centers. (1) The department may design, erect, authorize, supervise and maintain information centers at safety rest areas in a number and at locations as it may determine to be necessary to meet the need of safety and effectively provide information of specific interest to the traveling public.

(2) Outdoor advertising placed within information centers shall be subject to all provisions of this title and all regulations promulgated by the board pursuant to the provisions of this title.

(3) Application for a permit to place outdoor advertising within an information center shall be made on a form prescribed by the department, and all permits shall be issued for a period of at least one (1) year. The department shall charge or authorize fees for the permit and for renewal sufficient to amortize the cost of the structure within an information center upon which the outdoor advertising is placed within the expected life of the structure, and sufficient to pay for the maintenance of the structure.

(4) The department will allow posters and signs to be placed by nonprofit anti-human trafficking organizations in or around safety rest areas. The posters and signs must be at least eight and one-half by eleven inches (8 1/2" x 11") in size, must be mounted as tamper and vandalism resistant, and must contain toll-free telephone numbers and/or emergency contact numbers for victims of human trafficking, including the number for the "National Human Trafficking Resource Center" and the number for the Idaho state office of crime victims advocacy. The posters and signs may include text in a variety of languages. The posters and signs will be covered by a permit if the safety rest area or turnout is part of the highway right-of-way. Posters and signs containing the aforementioned contact numbers shall have all costs for the sign, installation, and/or maintenance provided by the aforementioned nonprofit anti-human trafficking organization(s). Temporary installation permits can include a memorandum of understanding (MOU), and encroachment permit, or a special event permit. The cost of poster and sign installment and maintenance shall be covered in the permit or MOU normally at the expense of the requestor.

(5) As used in subsection (4) of this section:

(a) "Emergency contact numbers" means a hotline that is: available twenty-four (24) hours a day, seven (7) days a week; toll-free; operated by a nonprofit, nongovernmental organization; anonymous and confidential; and able to provide help, referral to services, training and general information;

(b) "Human trafficking" means the illegal movement of people, typically for the purposes of forced labor or commercial sexual exploitation;

(c) "Safety rest area" means a roadside area with restrooms and other facilities for the use of motorists.

History:

[40-507, added 1985, ch. 253, sec. 2, p. 614; am. 2015, ch. 207, sec. 1, p. 635.]
Idaho Code § 40-513 — Idaho Code / Title 40 / Chapter 5 / Section 40-513
40-513 VETERANS MEMORIAL CENTENNIAL BRIDGE ESTABLISHED.
Status: in_force

40-513. Veterans memorial centennial bridge established. The Bennett Bay bridge located on interstate highway I-90 in Kootenai county shall be designated as the "Veterans Memorial Centennial Bridge" to honor those persons who served in the armed forces during periods of wartime as defined by congress. The transportation department shall erect suitable signs so designating the bridge as the veterans memorial centennial bridge.

History:

[40-513, added 1992, ch. 105, sec. 1, p. 327.]
Idaho Code § 40-1205 — Idaho Code / Title 40 / Chapter 12 / Section 40-1205
40-1205 BRIDGES — REPORTS.
Status: in_force

40-1205. Bridges — Reports. The director of highways shall, in his official reports, give a full account of all bridges for which he has in whole or in part the charge and maintenance and those bridges constructed or repaired, the cost, amounts expended, from what source moneys were derived, and the present and prospective condition of the bridges.

History:

[40-1205, added 1985, ch. 253, sec. 2, p. 646.]
Idaho Code § 40-826 — Idaho Code / Title 40 / Chapter 8 / Section 40-826
40-826 COLLECTION OF TAXES — DISPOSITION UPON COLLECTION.
Status: in_force

40-826. Collection of taxes — Disposition upon collection. Taxes levied shall become a lien upon the property so assessed from the date of assessment and shall be due and payable at the same time as other county taxes. The taxes shall 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 collected to the treasurer of the succeeding district, and at the time of payment must specify to the treasurer receiving them what taxes they are, take a separate receipt, and keep a separate account for the payment of taxes. The commissioners shall furnish the tax collector with blanks as are needed to comply with the provisions of this section.

History:

[40-826, added 1985, ch. 253, sec. 2, p. 637.]
Idaho Code § 40-322 — Idaho Code / Title 40 / Chapter 3 / Section 40-322
40-322 DIRECTIVE ON IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005.
Status: in_force

40-322. Directive on implementation of the federal REAL ID Act of 2005. (1) The legislature finds that the enactment into law by the U.S. congress of the REAL ID act of 2005, as part of public law 109-13, was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the constitution of the United States. The legislature reaffirms this position, while acknowledging that failure to implement certain provisions could adversely affect Idaho's citizens and businesses. Furthermore, it is the intent of the legislature to continue to protect the privacy and security of the state's residents.

(2) The legislature hereby declares that the state of Idaho shall:

(a) Meet the requirements for driver's licenses and identification cards, as described in title II of the REAL ID act of 2005, as such requirements existed on January 1, 2016;

(b) Not comply with any additional requirements enacted after January 1, 2016, without the express statutory approval of the Idaho state legislature;

(c) Submit compliance extension requests and status reports for the purposes outlined in paragraph (a) of this subsection to the United States department of homeland security.

(d) At such time as the Idaho transportation board and the Idaho transportation department achieve approval by the department of homeland security for issuance of REAL ID compliant driver's licenses and identification cards, any applicant for an Idaho driver's license or identification card shall be offered the option of obtaining a REAL ID compliant license or identification card or an Idaho driver's license or identification card that is not REAL ID compliant. In offering an applicant the option of a REAL ID compliant or REAL ID noncompliant driver's license or identification card, the department shall provide the applicant with written information of the following for both REAL ID compliant and noncompliant driver's licenses and identification cards:

(i) The purposes for which REAL ID compliant and noncompliant driver's licenses and identification cards are valid;

(ii) What types, if any, of electronic copies of source documents will be retained by the department for REAL ID compliant and noncompliant driver's licenses and identification cards;

(iii) Whether facial image capture will be retained by the department, even if a driver's license or identification card is not issued, for REAL ID compliant and noncompliant driver's licenses and identification cards; and

(iv) Any other information the department deems necessary to inform the applicant about REAL ID compliant and noncompliant driver's licenses and identification cards.

(3) This act shall be construed as to allow the Idaho transportation board and the Idaho transportation department to take reasonable and necessary steps to enhance the security of Idaho state driver's licenses and identification cards to ensure their acceptance for commercial airline travel within the United States.

(4) Beginning January 1, 2016, the department shall report to the senate transportation committee and the house of representatives transportation and defense committee on the acceptance of compliance extension requests and status reports to the United States department of homeland security, as set forth in subsection (2) of this section. Such report shall be submitted concurrently with the department's report on progress the department is making toward upgrading and implementing the division of motor vehicles' automated system. Such report shall be submitted no later than January 1 of each year through 2020, unless extended or revoked by the legislature.

History:

[40-322, added 2008, ch. 385, sec. 2, p. 1060; am. 2015, ch. 42, sec. 1, p. 94; am. 2016, ch. 228, sec. 1, p. 625; am. 2017, ch. 175, sec. 1, p. 405.]
Idaho Code § 40-203A — Idaho Code / Title 40 / Chapter 2 / Section 40-203A
40-203A VALIDATION OF COUNTY OR HIGHWAY DISTRICT SYSTEM HIGHWAY OR PUBLIC RIGHT-OF-WAY.
Status: in_force

40-203A. Validation of county or highway district system highway or public right-of-way. (1) Any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may petition the board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, to initiate public proceedings to validate a highway or public right-of-way, including those which furnish public access to state and federal public lands and waters, provided that the petitioner shall pay a reasonable fee as determined by the commissioners to cover the cost of the proceedings, or the commissioners may initiate validation proceedings on their own resolution, if any of the following conditions exist:

(a) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a highway or public right-of-way;

(b) If the location of the highway or public right-of-way cannot be accurately determined due to numerous alterations of the highway or public right-of-way, a defective survey of the highway, public right-of-way or adjacent property, or loss or destruction of the original survey of the highways or public rights-of-way; or

(c) If the highway or public right-of-way as traveled and used does not generally conform to the location of a highway or public right-of-way described on the official highway system map or in the public records.

(2) If proceedings for validation of a highway or public right-of-way are initiated, the commissioners shall follow the procedure set forth in section 40-203, Idaho Code, and shall:

(a) If the commissioners determine it is necessary, cause the highway or public right-of-way to be surveyed;

(b) Cause a report to be prepared, including consideration of any survey and any other information required by the commissioners;

(c) Establish a hearing date on the proceedings for validation;

(d) Cause notice of the proceedings to be provided in the same manner as for abandonment and vacation proceedings; and

(e) At the hearing, the commissioners shall consider all information relating to the proceedings and shall accept testimony from persons having an interest in the proposed validation.

(3) Upon completion of the proceedings, the commissioners shall determine whether validation of the highway or public right-of-way is in the public interest and shall enter an order validating the highway or public right-of-way as public or declaring it not to be public.

(4) From any such decision, any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may appeal to the district court of the county in which the highway or public right-of-way is located pursuant to section 40-208, Idaho Code.

(5) When a board of commissioners validates a highway or public right-of-way, it shall cause the order validating the highway or public right-of-way, and if surveyed, cause the survey to be recorded in the county records and shall amend the official highway system map of the respective county or highway district.

(6) The commissioners shall proceed to determine and provide just compensation for the removal of any structure that, prior to creation of the highway or public right-of-way, encroached upon a highway or public right-of-way that is the subject of a validation proceeding, or if such is not practical, the commissioners may acquire property to alter the highway or public right-of-way being validated.

(7) This section does not apply to the validation of any highway, public street or public right-of-way which is to be accepted as part of a platted subdivision pursuant to chapter 13, title 50, Idaho Code.

History:

[40-203A, added 1986, ch. 206, sec. 4, p. 514; am. 1993, ch. 412, sec. 5, p. 1509; am. 1995, ch. 121, sec. 3, p. 525; am. 2000, ch. 251, sec. 3, p. 713.]
Idaho Code § 40-2112 — Idaho Code / Title 40 / Chapter 21 / Section 40-2112
40-2112 BUDGET.
Status: in_force

40-2112. Budget. (1) The board shall annually adopt a budget and cause a public hearing to be held upon the budget.

(2) Notice of the budget hearing shall be posted at least ten (10) days prior to the date of the meeting in at least one (1) conspicuous place in each county within the boundaries of the regional public transportation authority and at the administrative offices of the regional public transportation authority. A copy of the notice shall also be published in accordance with the provisions of section 40-206, Idaho Code. The place, hour and day of the hearing shall be specified in the notice, as well as the place where the budget may be examined prior to the hearing. A full and complete copy of the proposed budget shall be published with and as a part of the publication of the notice of hearing.

(3) The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the board may direct.

(4) A quorum of the board shall attend the hearing and explain the proposed budget and hear any and all objections to it.

(5) The budget shall be completed and finalized not later than the Tuesday following the first Monday in September for the ensuing fiscal year.

(6) The fiscal year of the authority shall commence on the first day of October of each year.

History:

[40-2112, added 1994, ch. 327, sec. 1, p. 1057; am. 1996, ch. 353, sec. 8, p. 1181; am. 2003, ch. 210, sec. 2, p. 556.]
Idaho Code § 40-2405 — Idaho Code / Title 40 / Chapter 24 / Section 40-2405
40-2405 FISCAL AUDITS.
Status: in_force

40-2405. Fiscal audits. The council shall perform fiscal audits in accordance with the provisions of section 67-450B, Idaho Code.

History:

[40-2405, added 1994, ch. 280, sec. 5, p. 872.]
Idaho Code § 40-317 — Idaho Code / Title 40 / Chapter 3 / Section 40-317
40-317 POWERS AND DUTIES — COOPERATIVE EFFORTS.
Status: in_force

40-317. Powers and duties — Cooperative efforts. The board may:

(1) Cooperate with, and receive and expend aid and donations from, the federal government for transportation purposes and receive and expend donations from other sources for the construction and improvement of any state highway or transportation project or any project on the federal-aid primary or secondary systems or on the interstate system, including extensions of them within urban areas; and, when authorized or directed by any act of congress or any rule or regulation of any agency of the federal government, expend funds donated or granted to the state of Idaho by the federal government for that purpose, upon highways and bridges not in the state highway system.

(2) Contract jointly with counties, cities, and highway districts for the improvement and construction of state highways.

(3) Cooperate with the federal government, counties, highway districts, and cities for construction, improvement, and maintenance of secondary or feeder highways not in the state highway system.

(4) Cooperate financially or otherwise with any other state or any county or city of any other state, or with any foreign country or any province or district of any foreign country, or with the government of the United States or its agencies, or private agencies or persons, for the erecting, construction, reconstructing, and maintaining of any bridge, trestle, or other structure for the continuation or connection of any state highway across any stream, body of water, gulch, navigable water, swamp or other topographical formation requiring any such structure and forming a boundary between the state of Idaho and any other state or foreign country, and for the purchase or condemnation or other acquisition of right-of-way.

(5) Serve as the state's representative in the designation of forest highways within the state.

(6) Negotiate and enter into bilateral agreements with designated representatives of contiguous states. Agreements may provide for the manning and operation of jointly occupied ports of entry, for the collection of highway user fees, registration fees and taxes which may be required by law, rule and regulation. Agreements may further provide for the collection of these fees and taxes by either party state at jointly occupied ports of entry before authorization is given for vehicles to legally operate within that state or jurisdiction, and for the enforcement of safety, size and weight laws, rules or regulations of the respective states. As to the provisions of chapter 30, title 63, Idaho Code, the state tax commission is hereby authorized to enter into reciprocal agreements with other states concerning the exemption of, or taxation of, persons employed by the state of Idaho or of another state in jointly operated ports of entry. As used in this section, "jointly operated ports of entry" shall mean any state operated facility located within or without this state that employs persons that are direct employees of the state of Idaho and of another state which operates for the mutual benefit of both states.

(7) Pursuant to the authority and process defined in sections 67-2328 and 67-2333, Idaho Code, enter into agreements with authorized representatives of contiguous states for the purpose of establishing reciprocal procedures allowing the Idaho transportation department and contiguous state motor vehicle departments to collect fees for and to issue driver's licenses and identification cards to nonresident individuals in the same manner as would be issued in the individual's home state, provided that no Idaho driver's license or Idaho identification card may be issued to a nonresident of the state of Idaho and that any reciprocal agreement under this provision shall otherwise be consistent with the driver license compact, chapter 20, title 49, Idaho Code.

(8) Enter into all contracts and agreements with the United States government in the name of the state of Idaho, relating to the survey, construction and maintenance of roads, under the provisions of any act of congress including county and city highways, and submit a program of construction and maintenance as may be required by the United States government or any of its agencies, and do all other things necessary to cooperate and complete those programs.

History:

[40-317, added 1985, ch. 253, sec. 2, p. 604; am. 1986, ch. 99, sec. 1, p. 277; am. 1989, ch. 273, sec. 1, p. 661; am. 1994, ch. 280, sec. 2, p. 868; am. 2013, ch. 258, sec. 1, p. 634; am. 2014, ch. 97, sec. 25, p. 287.]
Idaho Code § 40-204 — Idaho Code / Title 40 / Chapter 2 / Section 40-204
40-204 ASSENT TO FEDERAL ACTS.
Status: in_force

40-204. Assent to federal acts. (1) The state of Idaho renews its assent to the provisions of the act of congress approved July 11, 1916, entitled, "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes" (39th United States Statutes at Large, page 355), and its amendments or acts supplementary to it, and accepts the provisions and benefits of any act of congress enacted having for its purpose the construction, improvement and maintenance of public roads or highways in the state of Idaho.

(2) The state of Idaho renews its assent to the provisions of the act of congress approved October 22, 1965, entitled, "An act to provide for scenic development and road beautification of the federal-aid highway systems" (Public Law 89-285), and its amendments, or acts supplementary to it and accepts the provisions and benefits of any act of congress enacted having for its purpose the control of outdoor advertising, and junkyards adjacent to highways, or the landscaping and scenic enhancement of highways in the state of Idaho.

History:

[40-204, added 1985, ch. 253, sec. 2, p. 594.]
Idaho Code § 40-1819 — Idaho Code / Title 40 / Chapter 18 / Section 40-1819
40-1819 ACTS AND PROCEEDINGS ESTABLISHED OR COMMENCED BEFORE CHAPTER TAKES EFFECT NOT AFFECTED.
Status: in_force

40-1819. Acts and proceedings established or commenced before chapter takes effect not affected. This chapter shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause before July 1, 1985, but those actions or proceedings may be prosecuted and continued by the county, district or city.

History:

[40-1819, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-1605 — Idaho Code / Title 40 / Chapter 16 / Section 40-1605
40-1605 HEARING — ORDER FOR ELECTION.
Status: in_force

DETACHMENT

40-1605. Hearing — Order for election. At the time and place specified in the notice, the commissioners shall proceed to 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 enter an order directing that the question of the detachment of the territory be submitted to the qualified electors of the district at an election to be held within the district on a date authorized in section 34-106, Idaho Code, which is not less than thirty (30) days from and after the date of the order.

History:

[40-1605, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 86, p. 1044.]
Idaho Code § 40-1106 — Idaho Code / Title 40 / Chapter 11 / Section 40-1106
40-1106 BONDS OF COUNTY.
Status: in_force

40-1106. Bonds of county. Nothing in this chapter shall be construed as a limitation of the power of the commissioners to issue bonds for the construction or the repairs of highways and bridges. Whenever the commissioners shall issue bonds for the construction or repair of highways and bridges under the provisions of chapter 19, title 31, Idaho Code, upon the authorization of two-thirds (2/3) of the qualified electors of the county voting at an election held for that purpose, pursuant to a resolution of the commissioners and entered upon their journal specifying, describing and defining the highways or bridges to be constructed or repaired, and giving the termini and the general course of each highway and the approximate location of each bridge it is proposed to construct, and appropriating a specific amount for any highway or bridge wholly or partially within any organized highway district, then the commissioners shall have full jurisdiction and power to locate and construct or repair the highway or bridge within the highway district, and to apply a specific appropriation so derived from the issue of bonds or so much of them as may be necessary.

History:

[40-1106, added 1985, ch. 253, sec. 2, p. 645.]
Idaho Code § 40-608 — Idaho Code / Title 40 / Chapter 6 / Section 40-608
40-608 RECORD OF HIGHWAY PROCEEDINGS.
Status: in_force

40-608. Record of highway proceedings. The clerk of the commissioners shall keep a book in which must be recorded separately all proceedings of the commissioners relative to each highway division, including orders laying out, altering, and opening highways; and in a separate book a description of each highway division, its deputy directors of highways, its highways, contracts, and all other matters pertaining to them.

History:

[40-608, added 1985, ch. 253, sec. 2, p. 618.]
Idaho Code § 40-406 — Idaho Code / Title 40 / Chapter 4 / Section 40-406
40-406 TRUST FUNDS.
Status: in_force

40-406. Trust funds. All moneys received relating to turnpike projects, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely for turnpike projects. A resolution authorizing bonds of any issue or a trust agreement securing bonds shall provide that any officer with whom, or any bank or trust company with which, the moneys shall be deposited shall act as trustee of the money and shall hold and apply it for the purposes of the turnpike project, subject to the resolution or as a trust agreement may provide.

History:

[40-406, added 1985, ch. 253, sec. 2, p. 608.]
Idaho Code § 40-1911 — Idaho Code / Title 40 / Chapter 19 / Section 40-1911
40-1911 GENERAL PROHIBITIONS.
Status: in_force

40-1911. General prohibitions. Notwithstanding any other provision of this chapter, no advertising display shall be erected or maintained within six hundred sixty (660) feet from the edge of the right-of-way of the interstate and primary system of highways within this state except the following:

(1) Directional or other official signs or notices that are required or authorized by law, informational or directional signs regarding telephone service, emergency telephone signs, buried or underground cable markers and above cable closures;

(2) Signs advertising the sale or lease of property upon which they are located;

(3) Displays advertising activities conducted on the property upon which they are located, provided that not more than one (1) such sign, visible to traffic proceeding in any one direction, and advertising activities being conducted upon the real property where the sign is located may be permitted more than fifty (50) feet from the advertising activity;

(4) Displays located within areas zoned industrial, business or commercial under authority of state law, or in unzoned industrial or commercial areas as determined by the department;

(5) Displays erected or maintained by the department on the right-of-way pursuant to regulation of the department designed to give information in the specific interest of the traveling public. The department, by and through its director, may, upon receipt of a certified copy of an ordinance from a board of county commissioners, or a city council, accompanied by all economic studies required by federal rules and regulations showing that the removal of tourist-related advertising activities would cause an economic hardship on a defined area, forward the ordinance to the secretary of the United States department of transportation for inclusion as a defined hardship area, qualifying for exemption pursuant to section 131(o), title 23, United States Code. The ordinance and economic studies shall show that (1) the tourist-related advertising devices provide directional information about goods and services in the interest of the traveling public, and (2) that the removal of the specific directional advertising displays will work a substantial economic hardship in the defined area;

(6) Signs lawfully in existence on October 22, 1965, determined to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this chapter; and

(7) On or after July 1, 1985, no advertising structure or display shall be erected or maintained in this state, other than those allowed pursuant to subparagraphs (2), (3) and (4) of this section, which are located beyond six hundred sixty (660) feet of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected for the purpose of the message being read from that main traveled way of the system.

History:

[40-1911, added 1985, ch. 253, sec. 2, p. 686.]
Idaho Code § 40-1305 — Idaho Code / Title 40 / Chapter 13 / Section 40-1305
40-1305 ELECTION OF HIGHWAY COMMISSIONERS — TERM OF OFFICE.
Status: in_force

40-1305. Election of highway commissioners — Term of office. (1) On the third Tuesday of May of the next odd-numbered year following the appointment of the first highway district commissioners, commissioners from subdistricts one and two shall be elected for a term of two (2) years and the commissioner from subdistrict three shall be elected for a term of four (4) years. Thereafter the term of office of all commissioners shall be four (4) years.

(2) A highway district whose terms and election were established by prior law shall convert to the election of commissioners as provided in subsection (1) of this section.

Each highway commissioner shall be elected on a districtwide basis.

History:

[40-1305, added 1985, ch. 253, sec. 2, p. 648; am. 1994, ch. 123, sec. 3, p. 276; am. 2002, ch. 298, sec. 1, p. 853; am. 2009, ch. 341, sec. 75, p. 1041; am. 2010, ch. 185, sec. 13, p. 389; am. 2010, ch. 197, sec. 1, p. 420.]
Idaho Code § 40-411 — Idaho Code / Title 40 / Chapter 4 / Section 40-411
40-411 POWER TO ISSUE BONDS — CREDIT OF STATE NOT PLEDGED.
Status: in_force

40-411. Power to issue bonds — Credit of state not pledged. (1) The board shall have power and is authorized to issue, from time to time its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code and section 40-412, Idaho Code, in a principle amount as the board shall determine to be necessary for sufficient funds for achieving a turnpike project, establishing the reserves to secure the notes and bonds, and all other expenditures of the board incidental and necessary or convenient to carry out its powers for turnpike projects.

(2) Turnpike revenue bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision, or a pledge of the faith and credit of the state or of any political subdivision, but the bonds, unless refunded by bonds of the board, shall be payable solely from funds pledged or available for their payment. All turnpike revenue bonds and any coupons appertaining to those bonds shall contain on the face a statement to the effect that the board is obligated to pay the same, or the interest on them, only from the tolls, other revenue and proceeds of the bonds and that neither the state nor any political subdivision is obligated to pay the same or the interest on them, and that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal of or the interest on the bonds.

History:

[40-411, added 1985, ch. 253, sec. 2, p. 610.]
Idaho Code § 40-715 — Idaho Code / Title 40 / Chapter 7 / Section 40-715
40-715 TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND CITIES — DISBURSEMENT.
Status: in_force

40-715. Transfer of sums allocable to counties, highway districts and cities — Disbursement. It is the duty of the state controller to draw warrants upon the state treasury for the transfer of the distributive sums allocable to the several counties, highway districts and cities, which warrants shall be made payable directly to the county treasurers, highway district secretary or city clerk. The county treasurers shall deposit the moneys in the county highway fund, highway district secretaries shall deposit the moneys in the highway district road fund and the city clerk shall deposit the moneys in the city street fund.

History:

[40-715, added 1985, ch. 253, sec. 2, p. 627; am. 1993, ch. 126, sec. 2, p. 321; am. 1994, ch. 180, sec. 81, p. 481; am. 2003, ch. 32, sec. 22, p. 130.]
Idaho Code § 40-303 — Idaho Code / Title 40 / Chapter 3 / Section 40-303
40-303 CREATION OF DISTRICTS — RESIDENCE OF BOARD MEMBERS — TERM OF OFFICE.
Status: in_force

40-303. Creation of districts — Residence of board members — Term of office. (1) For the purposes of selection of members of the board, the state of Idaho shall be divided into six (6) director districts as follows:

(a) District No. 1. The counties of Benewah, Bonner, Boundary, Kootenai and Shoshone.

(b) District No. 2. The counties of Clearwater, Idaho, Latah, Lewis and Nez Perce.

(c) District No. 3. The counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington.

(d) District No. 4. The counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls.

(e) District No. 5. The counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.

(f) District No. 6. The counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton.

(2) Each of the districts shall be represented by one (1) member appointed from that district. A seventh member of the board shall be appointed from the state at large and shall act as chairman of the board. The governor shall appoint all members and the members are subject to confirmation by the senate. The chairman of the board shall serve at the pleasure of the governor for an indefinite period. The terms of office of the members of the board representing the six (6) districts are as follows:

(a) One (1) member shall be appointed from district no. 1 to serve an initial term expiring January 31, 2001, and thereafter the term shall be for six (6) years;

(b) The member of the board from district no. 2 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 1998, and thereafter the term of office shall be six (6) years;

(c) One (1) member shall be appointed from district no. 3 to serve an initial term expiring January 31, 1997, and thereafter the term of office shall be six (6) years;

(d) The member of the board from district no. 4 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 2000, and thereafter the term shall be six (6) years;

(e) One (1) member shall be appointed from district no. 5 to serve an initial term expiring January 31, 1999, and thereafter the term shall be for six (6) years; and

(f) The member of the board from district no. 6 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 1996, and thereafter the term shall be for six (6) years.

The terms of the newly appointed members shall begin immediately upon their appointment and qualification. Each member shall hold office after the expiration of his own term until his successor has been appointed and qualified. Within fifteen (15) days after the expiration of a term, the governor shall appoint a successor and submit that appointment to the senate for confirmation. Should any member of the board resign, die, move from the district from which he was appointed, or be removed from office, the governor shall, within thirty (30) days, appoint a successor with like qualifications to serve for the remainder of the retiring member's unexpired term. If a vacancy occurs within forty-five (45) days after the convening of the legislature and the legislature is still in session, the governor shall make a nomination to fill the vacancy and submit it to the senate for their approval.

History:

[40-303, added 1985, ch. 253, sec. 2, p. 595; am. 1995, ch. 203, sec. 2, p. 696.]
Idaho Code § 40-113 — Idaho Code / Title 40 / Chapter 1 / Section 40-113
40-113 DEFINITIONS — L.
Status: in_force

40-113. Definitions — L. (1) "Lawfully maintained" means a sign maintained on private land in accordance with state law and with the consent or acquiescence of the owner, or his agent, of the property upon which the sign is located.

(2) "Local highway technical assistance council" means the public agency created in chapter 24, title 40, Idaho Code.

(3) "Local highway jurisdiction" means a county with jurisdiction over a highway system, a city with jurisdiction over a highway system, or a highway district.

(4) "Lowest price technically acceptable selection" means a type of process for selection of a design-build firm in which the department identifies evaluation factors that establish the minimum requirements of acceptability. Proposals are evaluated for acceptability based on qualitative factors, not cost or price, but are not ranked. The contract award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for qualitative factors.

History:

[40-113, added 1985, ch. 253, sec. 2, p. 591; am. 1994, ch. 280, sec. 1, p. 868; am. 2010, ch. 293, sec. 7, p. 781.]
Idaho Code § 40-310 — Idaho Code / Title 40 / Chapter 3 / Section 40-310
40-310 POWERS AND DUTIES — STATE HIGHWAY SYSTEM.
Status: in_force

40-310. Powers and duties — State highway system. The board shall:

(1) Determine which highways in the state, or sections of highways, shall be designated and accepted for the purpose of this title as a part of the state highway system.

(a) In determining which highways or section of highways shall be a part of the state highway system, the board shall consider the relative importance of each highway to cities, existing business, industry and enterprises and to the development of cities, natural resources, industry and agriculture and be guided by statistics on existing and projected traffic volumes. The board shall also consider the safety and convenience of highway users, the common welfare of the people of the state, and of the cities within the state and the financial capacity of the state of Idaho to acquire rights-of-way and to construct, reconstruct and maintain state highways. In making a determination, the board must, before it can abandon, relocate, or replace by a new highway, any highway serving or traversing any city, or the area in which the city is located, specifically find and determine that the benefits to the state of Idaho are greater than the economic loss and damage to the city affected. No highway serving or traversing any city shall be abandoned, relocated or replaced by a new highway serving the area in which a city is located without the board first holding a public hearing in that city. The abandonment shall proceed as set forth in section 40-203B, Idaho Code.

(2) The board shall cause to be prepared and publicly displayed in a conspicuous place in their offices a complete map of the state highway system in which each section shall be identified by location, length and a control number. The map shall be of a suitable size and scale and contain data and information as deemed appropriate by the board. Periodically, and not less than once each year, the board shall revise and correct the map to record the changes in the designated state highway system resulting from additions, abandonments and relocations. Hand maps of the state highway system shall be issued periodically for public distribution.

(3) Abandon the maintenance of any highway and remove it from the state highway system, when that action is determined by the unanimous consent of the board to be in the public interest.

(4) Locate, design, construct, reconstruct, alter, extend, repair and maintain state highways, and plan, design and develop statewide transportation systems when determined by the board to be in the public interest.

(5) Establish standards for the location, design, construction, reconstruction, alteration, extension, repair and maintenance of state highways, provided that standards of state highways through local highway jurisdictions shall be coordinated with the standards in use for the systems of the respective local highway jurisdictions. The board shall make agreements with local highway jurisdictions having within their limits state highway sections in the category described in section 40-502, Idaho Code, and provide for an equitable division of the maintenance of those sections. The board may also, in the interest of economy and efficiency, arrange to have any or all of the state highway sections within local highway jurisdictions maintained by those local highway jurisdictions, the cost of the work as limited by section 40-502, Idaho Code, to be reimbursed by the state.

(6) Cause to be made and kept, surveys, studies, maps, plans, specifications and estimates for the alteration, extension, repair and maintenance of state highways, and so far as practicable, of all highways in the state, and for that purpose to demand and to receive reports and copies of records from county commissioners, commissioners of highway districts, county engineers and directors of highways and all other highway officials within the state.

(7) Approve and determine the final plans, specifications and estimates for state highways and cause contracts for state highway work to be let by contract in the manner provided by law.

(8) Expend funds appropriated for construction, maintenance and improvement of state highways.

(9) Designate state highways, or parts of them, as controlled-access facilities and regulate, restrict or prohibit access to those highways to serve the traffic for which the facility is intended.

(10) Close or restrict the use of any state highway whenever the closing or restricting of use is deemed by the board to be necessary for the protection of the public or for the protection of the highway or any section from damage.

(11) Designate main traveled state highways as through highways. The traffic on through highways shall have the right-of-way over the traffic on any other highway intersecting with it, provided, that at the intersection of two (2) through highways the board shall determine which traffic shall have the right-of-way.

(12) Furnish, erect and maintain standard signs on side highways directing drivers of vehicles approaching a designated through highway to come to a full stop before entering or crossing the through highway.

(13) Provide a right-of-way for and supervise the construction of side paths or sidewalks along regularly designated state highways outside the boundaries of incorporated cities and the expenditures for the construction of them may be made from the highway funds of the county or highway districts.

(14) Upon certification and requisition of an appropriate board, commission, governing body, or official head of any state institution and on the approval of the governor, showing the same to be necessary, construct, alter, repair, and maintain the roadways in, through, and about the grounds of state institutions. The construction, alteration, repair and maintenance shall be accomplished and paid for from the state highway account in accordance with the provisions of chapter 7, title 40, Idaho Code. This provision shall not be construed to divest any board, commission, governing body, or official head of an institution their constitutional or statutory powers.

History:

[40-310, added 1985, ch. 253, sec. 2, p. 598; am. 1998, ch. 258, sec. 1, p. 858; am. 2013, ch. 141, sec. 1, p. 336.]
Idaho Code § 40-1337A — Idaho Code / Title 40 / Chapter 13 / Section 40-1337A
40-1337A PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS.
Status: in_force

40-1337A. PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS. (1) A highway district official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.

(a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).

(b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.

(c) A document retained by the highway district in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the highway district official, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.

(d) Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender.

(e) Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.

(2) A highway district may incorporate an electronic version of another agreement by reference into a contract, if:

(a) The unsigned terms are stored in accordance with the provisions of this section;

(b) The signed contract contains a prominently displayed notification of the incorporation by reference; and

(c) The unsigned terms are readily available for inspection by the parties.

History:

[40-1337A, added 2015, ch. 117, sec. 1, p. 303.]
Idaho Code § 40-1306 — Idaho Code / Title 40 / Chapter 13 / Section 40-1306
40-1306 ORGANIZATION OF HIGHWAY COMMISSIONERS — MEETINGS — OFFICERS — OFFICIAL BONDS.
Status: in_force

40-1306. Organization of highway commissioners — Meetings — Officers — Official bonds. (1) Immediately after qualifying and appointment and after a highway district commissioner election and the newly elected commissioners take office, the highway commissioners shall meet and organize, shall elect a chairman from their number, and shall appoint a secretary and treasurer who may also be from their number. The offices of secretary and treasurer may be filled by the same person. Certified copies of all appointments, under the hand of each of the commissioners, shall be filed with the clerk of each of the counties in which the highway district is located and with the secretary of the highway district.

(2) As soon as practicable after organization, and when deemed expedient or necessary, the highway commissioners shall designate a day, hour and place at which regular meetings shall be held, which shall be within the district or at the county seat of the county in which the district is located. Regular meetings shall be held at least quarterly. A majority of the highway commissioners may exercise all of the powers of the board of highway district commissioners.

(3) The officers of the highway district shall take and file with the district secretary an oath for the faithful performance of the duties of their respective offices. The district treasurer shall on his appointment execute and file with the district secretary an official bond in an amount as may be fixed by the highway district commissioners, which shall not be less than fifty thousand dollars ($50,000), and shall from time to time execute and file any further bonds as required of the highway district commissioners in amounts fixed by them, which amounts shall be at least sufficient to cover the anticipated amounts of money coming into his hands, at any one (1) time, plus an additional twenty-five percent (25%).

History:

[40-1306, added 1985, ch. 253, sec. 2, p. 648; am. 1999, ch. 332, sec. 4, p. 897.]
Idaho Code § 40-905 — Idaho Code / Title 40 / Chapter 9 / Section 40-905
40-905 CONTRACTS — CONSTRUCTION MANAGER/GENERAL CONTRACTOR.
Status: in_force

40-905. contracts — construction manager/general contractor. (1) The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select construction manager/general contractor (CM/GC) firms and award contracts for highway projects as provided herein. CM/GC highway projects shall be of appropriate size and scope to encourage maximum competition and participation by qualified firms. CM/GC procedures may be used for a specific highway project only after the board determines that awarding a CM/GC contract will serve the public interest and 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 CM/GC contract procedures:

(a) Project suitability for CM/GC contracting regarding time constraints, costs and quality factors;

(b) The availability, capability and experience of potential CM/GC firms;

(c) The department's ability to manage CM/GC 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 CM/GC 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 CM/GC contracts combined.

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

(4) A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for proposals (RFP). Responsible charge shall be as defined in section 54-1202, Idaho Code. The professional engineer shall not be affiliated with any CM/GC firm submitting proposals on the project.

(5) Any CM/CG firm shall comply with all applicable requirements of chapter 19, title 54, Idaho Code. The requirements of chapter 45, title 54, Idaho Code, do not apply.

(6) For each proposed CM/GC project, the department shall designate an evaluation committee. The members of the evaluation committee shall include at least five (5) members who are qualified by education and experience. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members.

(7) After award of the contract, and upon written request, all unsuccessful CM/GC firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a CM/GC firm has been selected for award. The debriefing shall:

(a) Be limited to discussion of the unsuccessful CM/GC firm's proposal and shall not include specific discussion of a competing proposal;

(b) Provide information on areas in which the unsuccessful CM/GC firm's proposal had weaknesses or deficiencies; and

(c) Maintain the confidentiality of the evaluation committee members and the other CM/GC firms.

(8) Contracts for the services of a CM/GC shall be awarded through a competitive process requiring the public solicitation of requests for proposals for CM/GC services. The request for proposals shall include price components and meeting requirements as stated in the request for proposals.

(9) The department shall advertise requests for proposals in accordance with the procedures outlined in section 40-902(1), Idaho Code.

(10) The 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 CM/GC firm or as a member of the CM/GC 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 CM/GC firms or evaluation criteria; or

(ii) Where all documents and reports delivered to the department by the person or business entity are made available to all potential CM/GC firms.

(b) The CM/GC 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 CM/GC firm must disclose that information as soon as discovered and mitigate or eliminate the conflict.

(11) At a minimum, the request for proposals shall include:

(a) A description of the project, including programmatic, performance, and technical requirements and specifications when available;

(b) A description of the qualifications to be required of the firm;

(c) A description of the requirements of key personnel;

(d) A description of the process the department will use to evaluate qualifications and proposals, including evaluation and scoring criteria;

(e) Schedule of items for which the CM/GC firm shall submit unit prices;

(f) A requirement that the CM/GC firm describe its approach to pricing; and

(g) The form of the contract, including any contract for preconstruction services, to be awarded.

(12) Evaluation factors for selection of the CM/GC shall include, but not be limited to:

(a) Ability of the firm's key personnel;

(b) Financial, labor and equipment resources available for the project;

(c) Ability of the firm to meet time and budget requirements;

(d) Scope of work the firm proposes to self-perform and its ability to perform that work;

(e) The firm's approach to working collaboratively with the department, and the department's consultant(s) when applicable, and to executing the project;

(f) Construction experience in similar projects;

(g) Submitted unit prices;

(h) Approach to pricing; and

(i) Organizational conflicts of interest.

(13) The basis for selection shall be stated in the request for proposal. Selection shall be based on the responsible proposer whose proposal is evaluated as providing the best value to the department.

(14) The contract shall be awarded in two (2) phases. The first is for services during the design phase that may include life-cycle cost considerations, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work. The second phase is for construction services. The second phase will be awarded after the plans have been sufficiently developed and a guaranteed maximum price for construction services has been successfully negotiated. Incremental construction phases may be awarded after guaranteed maximum prices are negotiated for each phase.

(a) For the first phase, the department may either:

(i) Reject all proposals;

(ii) Award a contract to the best evaluated CM/GC firm; or

(iii) Award to the next best evaluated CM/GC firm if the best evaluated CM/GC firm is determined to be nonresponsive, declines the award and forfeits the proposal guaranty or the parties are unable to reach a mutually acceptable contract.

(b) For the second phase, the department may either:

(i) Award a construction contract or incremental construction contracts upon successful negotiations of a guaranteed maximum price; or

(ii) Advertise, bid and award in accordance with section 40-902, Idaho Code.

(15) The CM/GC shall provide performance and payment bonds during construction phases.

(16) The department is not required to award a contract. If awarded, however, a contract shall be executed and notice given to proceed with the work.

(17) The department shall provide to each CM/GC firm that submitted proposals the summary of scores of all proposers and the CM/GC firms' evaluation worksheets within three (3) business days following notification of intent to award. The confidentiality of the evaluation committee members and other CM/GC firms shall be maintained.

(18) CM/GC 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 following the date the department transmitted the evaluation scores and worksheets.

History:

[40-905, added 2010, ch. 293, sec. 15, p. 791.]
Idaho Code § 40-1316 — Idaho Code / Title 40 / Chapter 13 / Section 40-1316
40-1316 ANNUAL REPORT OF HIGHWAY DISTRICT.
Status: in_force

40-1316. Annual report of highway district. (1) On or before the first day of January in each year, the highway district shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the district on the first day of October, accompanied by a map of the highways, together with other facts necessary for setting forth generally the situation and condition of the highways within the district.

(2) Reports shall be made in triplicate. One (1) report shall be filed in the office of the highway district, one (1) in the office of the board, and one (1) with the clerk of the commissioners.

History:

[40-1316, added 1985, ch. 253, sec. 2, p. 654.]
Idaho Code § 40-1925 — Idaho Code / Title 40 / Chapter 19 / Section 40-1925
40-1925 ENFORCEMENT — REVOCATION OF LICENSE OR PERMIT — NOTICE — HEARING.
Status: in_force

40-1925. Enforcement — Revocation of license or permit — Notice — Hearing. (1) The department or board may revoke any license or permit for the failure to comply with the provisions of this chapter and may remove and destroy any advertising display placed or maintained in violation of this chapter after written order posted on the structure or sign and copies served by certified mail upon both the owner of the display and the owner of the land upon which it is situate. The order shall be signed by the district engineer of the department in the applicable district. The parties shall have thirty (30) days within which to appeal the order to the board under the provisions of chapter 52, title 67, Idaho Code.

(2) Notwithstanding any other provision of this chapter, the department or any of its authorized employees may summarily and without notice remove and destroy any advertising display placed in violation of this chapter which is temporary in nature because of the materials of which it is constructed or because of the nature of the copy on it.

(3) Proceedings for review of any action taken by the department pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.

History:

[40-1925, added 1985, ch. 253, sec. 2, p. 689.]
Idaho Code § 40-1517 — Idaho Code / Title 40 / Chapter 15 / Section 40-1517
40-1517 FUNDING OF INDEBTEDNESS OF FORMER HIGHWAY DISTRICTS.
Status: in_force

40-1517. Funding of indebtedness of former highway districts. If the consolidated highway district commissioners determine that valid outstanding indebtedness of any of the former highway districts, existing prior to the consolidation may be funded or refunded to the profit and benefit of the taxpayers within the boundaries of the former highway district, and without incurring any additional liability, the highway commissioners have the power and authority to make provision for issuing of funding or refunding bonds in an amount equal to the unpaid principal and interest on the outstanding bonds or other indebtedness. Before the highway commissioners shall issue any bonds to refund any outstanding indebtedness, it shall cause all moneys of the former highway district on hand available for the payment and discharge of any indebtedness to be applied in payment and discharge of them and issue funding or refunding bonds only for the remainder of the indebtedness. The issuance of bonds shall not create any liability against the consolidated highway district or any of the property within its boundaries, excepting that the property within the boundaries of the former highway district shall be liable for the payment of the bonds.

History:

[40-1517, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 17, p. 509.]
Idaho Code § 40-1912 — Idaho Code / Title 40 / Chapter 19 / Section 40-1912
40-1912 INDUSTRIAL OR COMMERCIAL ZONES.
Status: in_force

40-1912. Industrial or commercial zones. (1) The provisions of section 40-1911, Idaho Code, shall not apply to those segments of the interstate and primary system of highways which traverse and abut on commercial, business or industrial zones within the boundaries of incorporated cities, wherein the use of real property adjacent to and abutting on the interstate and primary system of highways is subject to city or county regulation or control, or which traverse and abut on other areas where the land use is clearly established by state law or county zoning regulation, as industrial, business or commercial, or which are located within areas adjacent to the interstate and primary system of highways which are in unzoned commercial or industrial areas as determined by the department from actual land uses. The department shall determine the size, lighting and spacing of signs in the zoned and unzoned industrial, business or commercial areas.

(2) For the purpose of this chapter, areas abutting interstate and primary highways of this state which are zoned commercial or industrial by counties and cities shall be valid as commercial or industrial zones only as to the portions actually used for commerce or industrial purposes and the land along the highway in urban areas for a distance of six hundred (600) feet immediately abutting to the area of the use, and does not include areas so zoned in anticipation of such uses at some uncertain future date, nor does it include areas zoned for the primary purpose of allowing advertising structures. All signs located within an unzoned area shall become nonconforming if the commercial or industrial activity used in defining the area ceases for a continuous period of six (6) months.

History:

[40-1912, added 1985, ch. 253, sec. 2, p. 687.]
Idaho Code § 40-1327 — Idaho Code / Title 40 / Chapter 13 / Section 40-1327
40-1327 PUBLIC INSPECTION OF BUDGET.
Status: in_force

40-1327. Public inspection of budget. The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the highway commissioners may direct.

History:

[40-1327, added 1985, ch. 253, sec. 2, p. 657.]
Idaho Code § 40-1915 — Idaho Code / Title 40 / Chapter 19 / Section 40-1915
40-1915 NUISANCES.
Status: in_force

40-1915. Nuisances. All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances and may be removed by any public employee as is further provided in this chapter.

History:

[40-1915, added 1985, ch. 253, sec. 2, p. 687.]
Idaho Code § 40-1510 — Idaho Code / Title 40 / Chapter 15 / Section 40-1510
40-1510 DEFEAT OF PROPOSAL — SUBSEQUENT ELECTIONS.
Status: in_force

40-1510. Defeat of proposal — Subsequent elections. The failure to carry the proposal to consolidate highway districts by at least a majority vote in any one (1) of the highway districts concerned shall defeat the entire proposal. Subsequent elections to consolidate highway districts having failed to be consolidated as provided in this chapter shall not be considered for consolidation under the provisions of this chapter for a period of four (4) years after the consolidation election.

History:

[40-1510, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 10, p. 506.]
Idaho Code § 40-721 — Idaho Code / Title 40 / Chapter 7 / Section 40-721
40-721 TRANSPORTATION EXPANSION AND CONGESTION MITIGATION PROGRAM CAPITAL PROJECT FUND — TRANSPORTATION EXPANSION AND CONGESTION MITIGATION PROGRAM DEBT SERVICE FUND.
Status: in_force

40-721. TRANSPORTATION EXPANSION AND CONGESTION MITIGATION PROGRAM CAPITAL PROJECT Fund — TRANSPORTATION EXPANSION AND CONGESTION MITIGATION Program DEBT SERVICE FUND. (1) There is hereby established in the state treasury the transportation expansion and congestion mitigation program capital project fund that shall include any draw by the Idaho transportation board of proceeds from the transportation bonds or notes issued by the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, to finance improvements described in section 40-720, Idaho Code. Interest earned on the investments of idle moneys in the transportation expansion and congestion mitigation program capital project fund shall be paid to the transportation expansion and congestion mitigation program capital project fund. Disbursements from this fund shall be paid over as requested by the Idaho transportation board and shall be made for projects in accordance with section 40-720, Idaho Code. All moneys in the fund are hereby continuously appropriated to the department.

(2) There is hereby established in the state treasury the transportation expansion and congestion mitigation program debt service fund for the purpose of paying the principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, issued to finance improvements described in section 40-720, Idaho Code. The fund shall include amounts distributed pursuant to sections 40-720(7) and 63-3638(16), Idaho Code, provided that such moneys distributed to the transportation expansion and congestion mitigation program debt service fund pursuant to this subsection shall be used for payment of principal, interest, and other amounts required for transportation bonds or notes issued by the Idaho housing and finance association for improvements described in section 40-720, Idaho Code. Interest earned on the investment of idle moneys in the transportation expansion and congestion mitigation program debt service fund shall be paid to the transportation expansion and congestion mitigation program debt service fund. From moneys within this fund, there are hereby continuously appropriated such amounts as from time to time shall be certified by the Idaho housing and finance association to the state controller, the state treasurer, and the Idaho transportation board as necessary for payment of principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, issued for improvements described in section 40-720, Idaho Code, which amounts shall be paid over as directed by the association. Any funds in excess of the amount necessary to meet the payment authorized in this section shall be transferred to the transportation expansion and congestion mitigation fund established in section 40-720, Idaho Code.

History:

[40-721, added 2019, ch. 307, sec. 2, p. 920.]
Idaho Code § 40-1602 — Idaho Code / Title 40 / Chapter 16 / Section 40-1602
40-1602 PETITION.
Status: in_force

DETACHMENT

40-1602. 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, a petition describing the territory by its boundaries, signed by not less than twenty-five (25) 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 county where the greatest portion of the highway district is located.

History:

[40-1602, added 1985, ch. 253, sec. 2, p. 668.]
Idaho Code § 40-1309 — Idaho Code / Title 40 / Chapter 13 / Section 40-1309
40-1309 CORPORATE POWERS OF HIGHWAY DISTRICTS.
Status: in_force

40-1309. Corporate powers of highway districts. Each highway district has power:

(1) To sue and be sued.

(2) To purchase and hold lands, make contracts, purchase and hold personal or real property as may be necessary or convenient for the purposes of this chapter, and to sell and exchange any real or personal property other than public lands which by the constitution and laws of the state are placed under the jurisdiction of the state land board. Personal or real property, no longer useful to the district, not exceeding ten thousand dollars ($10,000) in value may be sold by the highway commissioners at a private sale or at any regular board meeting without advertisement. Before disposing of all other personal or real property exceeding ten thousand dollars ($10,000) in value, the highway district commissioners shall first conduct a public hearing for which notice shall be published in accordance with the provisions of section 40-206, Idaho Code, and at which hearing any person interested may appear and show cause that such personal or real property is still useful to the district and that the sale or exchange should not be made. Following testimony by all interested persons at the public hearing, the highway district commissioners may adopt a resolution finding that such personal or real property is no longer useful to the district and finding that such personal or real property should be sold or exchanged and establishing procedures for the sale of such personal or real property including, but not limited to, the date and time of the sale and whether the sale will be by live public auction, by receipt of sealed bids or by some other reasonably commercial means. The hearing and sale or exchange shall not be conducted at the same regular meeting and, except as otherwise provided by law, the only notice required for such sale or exchange shall be as set forth in section 74-204, Idaho Code. Provided however, that before the district disposes of surplus real property at public sale, the district shall first notify any person who owns real property that is contiguous with the surplus real property of the district that such person has first option to purchase the surplus real property for an amount not less than the current appraised value. If more than one (1) adjoining owner wants to purchase the surplus real property, a private auction shall be held for such parties. If no owner of adjoining property exercises his or her option to buy, the district may proceed to public sale. Highway district commissioners, highway directors, employees, and their families must be personally disinterested, directly or indirectly, in the purchase of property for the use of the highway district, or in the sale of any property belonging to the highway district, or in any contract made by the highway district or other person on behalf of the highway district unless otherwise authorized by law.

(3) To levy and apply ad valorem taxes for purposes under its exclusive jurisdiction as are authorized by law.

History:

[40-1309, added 1985, ch. 253, sec. 2, p. 650; am. 1994, ch. 324, sec. 3, p. 1040; am. 1999, ch. 332, sec. 7, p. 901; am. 2000, ch. 258, sec. 1, p. 729; am. 2003, ch. 68, sec. 3, p. 230; am. 2012, ch. 306, sec. 1, p. 847; am. 2015, ch. 141, sec. 103, p. 452; am. 2019, ch. 59, sec. 1, p. 149.]
Idaho Code § 40-1818 — Idaho Code / Title 40 / Chapter 18 / Section 40-1818
40-1818 VALIDITY OF OUTSTANDING OBLIGATIONS.
Status: in_force

40-1818. Validity of outstanding obligations. Nothing in this chapter shall be construed as impairing the validity of any outstanding bonds or warrants of a dissolved system or district.

History:

[40-1818, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-1621 — Idaho Code / Title 40 / Chapter 16 / Section 40-1621
40-1621 FILING OF CERTIFIED COPIES OF ORDER.
Status: in_force

ANNEXATION

40-1621. Filing of certified copies of order. The commissioners shall cause one (1) certified copy of the order to be filed for record in the office of the county recorder of the county in which the highway district is situate, and shall transmit a certified copy of the order to the highway commissioners of the highway district to which the area is annexed.

History:

[40-1621, added 1985, ch. 253, sec. 2, p. 672.]
Idaho Code § 40-513F — Idaho Code / Title 40 / Chapter 5 / Section 40-513F
40-513F DESIGNATION OF THE IDAHO MEDAL OF HONOR HIGHWAY.
Status: in_force

40-513F. designation of the idaho medal of honor highway. That portion of U.S. highway 20 located in Idaho shall also be known as the "Idaho Medal of Honor Highway." The Idaho transportation department shall design and construct signs indicating the designation as the "Idaho Medal of Honor Highway" 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 less than thirty thousand dollars ($30,000) of existing dedicated funds are provided for this purpose as determined by the transportation board. Design of the signs should be similar to the signs currently erected on U.S. highway 20 at the time of enactment of this legislation. Signs shall identify the highway as the "Idaho Medal of Honor Highway" and include the three (3) different designs of the medal of honor.

History:

[40-513F, added 2019, ch. 65, sec. 1, p. 157.]
Idaho Code § 40-2213 — Idaho Code / Title 40 / Chapter 22 / Section 40-2213
40-2213 TRANSFER OF PROPERTY, FUNDS AND MATERIEL.
Status: in_force

40-2213. Transfer of property, funds and materiel. Except for the highways, bridges, public streets and public rights-of-way within the detached territory, none of the property, either real or personal, or any funds, materiel, supplies or equipment owned and under the control of the highway district from which the territory was detached shall be transferred to the newly organized highway district unless specifically authorized in writing by the highway district owning and controlling such property. However, the highway district organizing the new highway district may provide property, funds, personnel, materiel or services to the newly organized highway district in accordance with the provisions of section 67-2328, Idaho Code.

History:

[(40-2213) 40-2113, added 1994, ch. 331, sec. 1, p. 1063; am. and redesig. 2005, ch. 25, sec. 94, p. 120.]
Idaho Code § 40-1812 — Idaho Code / Title 40 / Chapter 18 / Section 40-1812
40-1812 PROVISION FOR PAYMENT OF CURRENT CLAIMS.
Status: in_force

40-1812. Provision for payment of current claims. As a part of the proceedings of and order for dissolution of a district, the commissioners shall make a determination, so nearly as may be done, of the total indebtedness of the dissolved district, including bonded, funded bond, and all warrant indebtedness, both as to registered and floating warrants, and current indebtedness of, or claims against, the district. They shall likewise determine the amount of funds on hand belonging to the dissolved district, and shall estimate the revenue to be derived from sale of district property, from uncollected taxes or assessments levied or assessed in the district, and the amount of highway users' funds as the highway district would be entitled to receive from the county in which the district is situated had the district not been dissolved. From that determination, the commissioners shall compute the probable amount of money which may be applied in payment of current indebtedness of the dissolved district and shall order and provide for the manner in which current claims against the district shall be presented to the commissioners for allowance and payment by warrants drawn against the special fund of the district in the county treasury.

History:

[40-1812, added 1985, ch. 253, sec. 2, p. 680.]
Idaho Code § 40-2101 — Idaho Code / Title 40 / Chapter 21 / Section 40-2101
40-2101 SHORT TITLE.
Status: in_force

40-2101. Short title. This chapter may be known and cited as the "Regional Public Transportation Authority Act."

History:

[40-2101, added 1994, ch. 327, sec. 1, p. 1053.]
Idaho Code § 40-1519 — Idaho Code / Title 40 / Chapter 15 / Section 40-1519
40-1519 EXPENSES OF ELECTION.
Status: in_force

40-1519. Expenses of election. In all counties where highway district consolidation 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:

[40-1519, added 2000, ch. 202, sec. 19, p. 509; am. 2009, ch. 341, sec. 85, p. 1044.]
Idaho Code § 40-809 — Idaho Code / Title 40 / Chapter 8 / Section 40-809
40-809 APPEAL FROM ORDER OF HIGHWAY DISTRICT BOARD IN SPECIAL TAX DISTRICTS.
Status: in_force

40-809. Appeal from order of highway district board in special tax districts. Within thirty (30) days after the filing provided for in section 40-808, Idaho Code, but not after the expiration of the thirty (30) days, any owner of land within a special taxing district may file in the office of the highway district board a copy of a verified petition in a proceeding in the district court of the highway district for the review of the order, specifying the grounds of objection. At the expiration of the thirty (30) days, all proceedings relating to the special tax district where copies of petitions for review have been duly filed shall be consolidated by order of the district court into a single proceeding, and notice shall be given and procedure followed as the district court shall prescribe. The district court shall have jurisdiction as a court of equity, and without a jury, try and determine the proceeding. On the review, the only question to be tried and determined shall be whether, in creating a special tax district and in fixing the amounts so charged against the land, the district board has observed the requirements specified in sections 40-810 and 40-811, Idaho Code. The district court shall, if it determines that the board has materially departed from the requirements, make a final order in the proceeding directing any necessary change or modification in the order of the highway district board, and that board shall make the changes and modifications in their order, and the changed or modified order shall be submitted to the district court and finally made as directed and approved by the court. If in the proceeding the district court shall determine that the highway board has not materially departed from the requirements, it shall affirm the order of the highway district board. On the expiration of thirty (30) days from the date of the highway district board's original order, without any copy of a petition for review having been filed, or on the filing with the secretary of the highway board, of the order of the district court in the proceeding for review affirming the order, or on the filing with the secretary of the new order of the board embodying the changes and modifications directed by the district court in the proceeding for review, with the written approval of the court attached, as the case may be, the order shall be final and conclusive in respect to all the matters and things contained.

History:

[40-809, added 1985, ch. 253, sec. 2, p. 630.]
Idaho Code § 40-1505 — Idaho Code / Title 40 / Chapter 15 / Section 40-1505
40-1505 HEARING — ORDER FOR ELECTION — CONSOLIDATION, WHEN DEFEATED.
Status: in_force

40-1505. Hearing — Order for election — Consolidation, when defeated. At the time and place specified in the notice, the county commissioners shall proceed to consider the petition and all written and oral objections, and shall hear all qualified persons in relation to it. Upon conclusion of the hearing, which may be continued from day to day, if a majority of the members of each of the commissioners of the counties involved are of the opinion that a consolidation is practical and to the best interests of each and all of the highway districts concerned, they shall make an order directing that the question of consolidation of the highway districts proposed for consolidation be submitted to the electors at an election to be held separately within each of the highway districts at a date in conformance with section 34-106(1), Idaho Code, but not less than ninety (90) days after the date of the order. The date of the election shall be specified in the order. The order shall set forth: the name, number, and general description of the respective highway districts proposed to be consolidated; the market value for assessment purposes of all the property situated in each of the concerned highway districts, as shown by the last county assessment rolls; the total bonded and current warrant and other indebtedness of each of the highway districts; the preceding ad valorem highway tax levy of each of the highway districts; and the total bonded and current warrant and other indebtedness of the proposed consolidated highway district. A copy of the order shall be entered in the minutes of the commissioners of each county concerned. The proposed consolidation shall be defeated if a majority of the commissioners of either of the counties concerned vote against it, and in that event a record of that action shall be entered in the minutes of each of the counties concerned.

History:

[40-1505, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 5, p. 504.]
Idaho Code § 40-1404A — Idaho Code / Title 40 / Chapter 14 / Section 40-1404A
40-1404A ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN COUNTYWIDE HIGHWAY DISTRICTS.
Status: in_force

40-1404A. Elections, terms and salaries of commissioners in certain countywide highway districts. (1) In countywide highway districts located in a county with a population of more than two hundred thousand (200,000) persons in which the voters have chosen to establish a countywide highway district at a previous election, the county shall be divided by the county commissioners immediately upon the effective date of this act into five (5) subdistricts, which shall be as nearly equal in population as practicable. No precincts shall be divided. A highway district commissioner shall be a resident of the subdistrict that he represents. Voters shall vote only for one (1) candidate seeking to represent each subdistrict. County commissioners, mayors and city council members shall not be eligible to hold office as a countywide highway district commissioner. At the election held in 1998, commissioners representing subdistricts two and five shall be elected for two (2) year terms and commissioners representing subdistricts three and four shall be elected for four (4) year terms. Thereafter, all commissioners shall be elected for four (4) year terms. Any incumbent in office on the effective date of this act may complete the term to which they were elected and shall represent the subdistrict in which they reside. Any incumbent in office on the effective date of this act whose term expires on January 1, 2000, shall retain that office until January 1, 2000, shall be assigned the subdistrict in which they reside by the county commissioners, which subdistrict shall be numbered one as provided in this section, and that commissioner need not stand for election in 1998.

(2) A qualified voter of the countywide highway district shall be eligible to vote for each of the countywide highway district commissioner offices, and the election shall be conducted as provided by Idaho statutes relating to holding general elections at the county level.

(3) Beginning with the elections of 2028, the election of highway district commissioners in a highway district subject to the provisions of this section shall include primary elections pursuant to the provisions of chapter 7, title 34, Idaho Code.

(4) The highway commissioners shall take office on January 1 of the year immediately following their election, and each may be compensated in accordance with the provisions of section 40-1314, Idaho Code, or receive a salary not to exceed one thousand two hundred dollars ($1,200) per calendar month, with the exception of the president of the highway commissioners who may receive a salary not to exceed one thousand four hundred dollars ($1,400) per calendar month.

History:

[40-1404A, added 1998, ch. 300, sec. 2, p. 990; am. 2001, ch. 44, sec. 2, p. 83; am. 2003, ch. 68, sec. 7, p. 234; am. 2026, ch. 333, sec. 1, p. 1307.]
Idaho Code § 40-2010 — Idaho Code / Title 40 / Chapter 20 / Section 40-2010
40-2010 REVIEW OF DETERMINATIONS.
Status: in_force

40-2010. Review of determinations. Any displaced person aggrieved by a determination as to the eligibility for a payment authorized by this chapter, or the amount of the payment, may have his application reviewed. Proceedings for review of any action taken by the agency pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.

History:

[40-2010, added 1985, ch. 253, sec. 2, p. 693.]
Idaho Code § 40-1618 — Idaho Code / Title 40 / Chapter 16 / Section 40-1618
40-1618 OBJECTIONS TO PETITION — HEARING.
Status: in_force

ANNEXATION

40-1618. Objections to petition — Hearing. Any qualified elector in the area to be annexed, and any qualified elector of the highway district, may file objections to the petition and may be heard at the hearing. Objections must be filed prior to or at the time of the hearing.

History:

[40-1618, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-1308 — Idaho Code / Title 40 / Chapter 13 / Section 40-1308
40-1308 POWER TO LEVY TAXES FOR COMPREHENSIVE INSURANCE, PROSECUTING AND DEFENDING ACTIONS, JUDGMENTS AND LIABILITIES.
Status: in_force

40-1308. Power to levy taxes for comprehensive insurance, prosecuting and defending actions, judgments and liabilities. Every highway district has the power to levy and collect taxes as necessary to:

(1) Pay for a comprehensive insurance plan as provided in section 6-927, Idaho Code;

(2) Defray all expenses of prosecuting and defending actions;

(3) Pay any judgments and liabilities incurred against it; and

(4) Pay for emergencies or calamities as provided in section 40-820, Idaho Code.

History:

[40-1308, added 1985, ch. 253, sec. 2, p. 649; am. 1999, ch. 332, sec. 6, p. 901; am. 2003, ch. 68, sec. 2, p. 229.]
Idaho Code § 40-1203 — Idaho Code / Title 40 / Chapter 12 / Section 40-1203
40-1203 PETITION HEARING — DUTY OF HIGHWAY COMMISSIONERS.
Status: in_force

40-1203. Petition hearing — Duty of highway commissioners. On the day fixed to hear the petition, proof of the notice given being made satisfactory, the county or district highway commissioners shall hear the petition, examine witnesses, and determine whether or not a bridge as petitioned for is necessary. If the petition is approved the county or district highway commissioners shall determine the type of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, have the bridge erected, and provide payment for it.

History:

[40-1203, added 1985, ch. 253, sec. 2, p. 646.]
Idaho Code § 40-1604 — Idaho Code / Title 40 / Chapter 16 / Section 40-1604
40-1604 NOTICE OF HEARING AND PETITION.
Status: in_force

DETACHMENT

40-1604. Notice of hearing and petition. The 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; a concise general description of the territory so proposed to be detached and its boundaries; 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 commissioners; and notice that any elector qualified to vote at an election of the district may, prior to or at the time of the hearing, file with the clerk of the commissioners written objections to the proposed detachment of the territory.

History:

[40-1604, added 1985, ch. 253, sec. 2, p. 668.]
Idaho Code § 40-1619 — Idaho Code / Title 40 / Chapter 16 / Section 40-1619
40-1619 APPROVAL OR REJECTION OF PETITION.
Status: in_force

ANNEXATION

40-1619. Approval or rejection of petition. Upon the hearing of the petition the commissioners may approve or reject the petition. The commissioners, upon the approval of the highway commissioners, may modify the area described in the petition.

History:

[40-1619, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-825 — Idaho Code / Title 40 / Chapter 8 / Section 40-825
40-825 LEVIES TO PAY CLAIMS AGAINST DISSOLVED OR CONSOLIDATED SYSTEMS AND DISTRICTS — CERTIFICATION AND ASSESSMENT — ISSUANCE OF NEW HIGHWAY USERS' FUND BONDS.
Status: in_force

40-825. Levies to pay claims against dissolved or consolidated systems and districts — Certification and assessment — Issuance of new highway users' fund bonds. After dissolution of a county or city highway system or a highway district, or upon a consolidation of districts, and at the next regular annual meeting of the succeeding operational unit when levies for other county purposes are fixed, the succeeding highway system board shall in addition to apportioning moneys arising out of the highway users' fund and the moneys from all other sources as the system or district would be entitled to receive had it not been dissolved and all other tax levies, including general highway and bridge levies, levy a special tax upon all of the property situated within the former boundaries of any former system or district, sufficient to raise funds for the payment of all remaining unpaid current claims against or debts of the former system or district, together with funds for payment of current and accruing terms and conditions of outstanding bonds and warrants of the former system or district. Each following year they shall continue that levy, or make other or additional levies as may be required to fully pay and retire the indebtedness of the former county or city highway system or highway district. The taxes shall be collected in the same manner as other county taxes and shall be turned over to the treasurer of the succeeding operational unit, who shall redeem, or post for redemption, all warrants and bonds as they mature and in order of their line, and for which funds are available from the former system or district for the payment of them. The succeeding operational unit, whenever it may deem it necessary or expedient, has the power to issue highway users' fund bonds for and on behalf of the former system or district and of the same force and effect as if validly issued by the board of highway commissioners or councilmen of the former system or district during its existence. All bonds shall be in form and issued, registered, sold or exchanged and redeemed in accordance with the provisions of chapter 2, title 57, Idaho Code, and of general law relating to bond issues.

History:

[40-825, added 1985, ch. 253, sec. 2, p. 636.]
Idaho Code § 40-1407 — Idaho Code / Title 40 / Chapter 14 / Section 40-1407
40-1407 DISSOLUTION OF EXISTING DISTRICTS OR SYSTEMS — TRANSFER OF FUNDS.
Status: in_force

40-1407. Dissolution of existing districts or systems — Transfer of funds. In any county where the electorate adopts a county-wide highway district under the provisions of this chapter and at the time of reorganization of the district, city highway systems, highway districts, and/or county highway systems already exist, the commissioners shall dissolve those districts or systems and transfer all funds to the reorganized county-wide highway district.

History:

[40-1407, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 3, p. 420.]
Idaho Code § 40-1807 — Idaho Code / Title 40 / Chapter 18 / Section 40-1807
40-1807 QUALIFICATIONS OF VOTERS.
Status: in_force

40-1807. Qualifications of voters. Any person residing in the district possessing the qualifications required by law for a voter at any general election of the state shall be entitled to vote in the election.

History:

[40-1807, added 1985, ch. 253, sec. 2, p. 679.]
Idaho Code § 40-1413 — Idaho Code / Title 40 / Chapter 14 / Section 40-1413
40-1413 BALANCE OF FUNDS OF DISSOLVED SYSTEM OR DISTRICT — DISPOSITION — NO FUNDS TO CITY.
Status: in_force

40-1413. Balance of funds of dissolved system or district — Disposition — No funds to city. (1) After final payment of all expenses of proceedings and of all legal claims, liabilities, bonded and other indebtedness in relation to dissolution of a dissolved system or district, and after liquidation and winding up of the affairs of the system or district, all surplus moneys of the dissolved district remaining in the special fund of the dissolved city highway system, highway district and/or county highway department shall immediately be delivered to the treasurer of the county-wide highway district.

(2) No city whose incorporated limits lie wholly or partially within the boundaries of a dissolved highway district shall be entitled to receive any share of the moneys of the dissolved highway district.

History:

[40-1413, added 1985, ch. 253, sec. 2, p. 661; am. 1988, ch. 221, sec. 6, p. 421.]
Idaho Code § 40-2211 — Idaho Code / Title 40 / Chapter 22 / Section 40-2211
40-2211 FILING OF CERTIFIED COPY OF ORDER.
Status: in_force

40-2211. Filing of certified copy of order. The commissioners shall cause a certified copy of the order of detachment of territory and organization of the new highway district to be filed for record in the office of the county recorder of the county in which the highway district is situate, and shall transmit a certified copy of the order to the highway district commissioners of the newly organized highway district.

History:

[(40-2211) 40-2111, added 1994, ch. 331, sec. 1, p. 1063; am. and redesig. 2005, ch. 25, sec. 92, p. 120.]
Idaho Code § 40-720 — Idaho Code / Title 40 / Chapter 7 / Section 40-720
40-720 TRANSPORTATION EXPANSION AND CONGESTION MITIGATION PROGRAM — FUND ESTABLISHED.
Status: in_force

40-720. transportation expansion and Congestion mitigation program — fund established. (1) The Idaho transportation department shall establish and maintain a transportation expansion and congestion mitigation program.

(2) The fund established pursuant to this section shall finance projects that expand the state system to address and mitigate transportation congestion. The projects shall be evaluated by the Idaho transportation department and shall be chosen by the Idaho transportation board based on a policy that may include mitigation of traffic times, improvement to traffic flow and mitigation of traffic congestion.

(3) There is hereby established in the state treasury the transportation expansion and congestion mitigation fund, to which shall be deposited:

(a) All moneys distributed pursuant to section 63-2520, Idaho Code;

(b) All moneys distributed pursuant to section 63-3638, Idaho Code; and

(c) Any other appropriated moneys for funding the transportation expansion and congestion mitigation program.

(4) Interest earned on the investment of idle moneys in the fund shall be paid to the fund. All moneys in the fund shall be used for the transportation expansion and congestion mitigation program.

(5) The Idaho housing and finance association is hereby authorized to issue bonds, secured by otherwise unobligated moneys in the fund established in subsection (3) of this section, for the purpose of financing state transportation projects approved by the Idaho transportation board. The Idaho transportation board shall take into consideration the mitigation of traffic congestion from the state campus site located at 11311 West Chinden Boulevard, Boise, as a priority when approving transportation projects. Moneys from the fund established in subsection (3) of this section shall be used to pay any of the principal, interest, and other amounts for state transportation projects approved by the Idaho transportation board and required for bonds issued pursuant to this subsection in accordance with the provisions of chapter 62, title 67, Idaho Code. If such bonds are issued, moneys in the fund shall first be continuously appropriated and used for repayment of said bonds in accordance with subsection (7) of this section.

(6) The authority provided in subsection (5) of this section shall be used only to issue bonds on an approved resolution by the Idaho transportation board requesting that the Idaho housing and finance association issue bonds contingent upon:

(a) The availability of otherwise unobligated moneys in the fund, established in subsection (3)of this section, necessary to meet bond service obligations;

(b) The moneys disbursed being used in accordance with United States treasury regulations to ensure tax-exempt status is retained, unless tax-exempt bonds are not available; and

(c) The issuance of bonds at prevailing market rates of interest.

(7) From moneys in the fund established in this section, there are hereby continuously appropriated first such amounts as from time to time shall be certified by the Idaho housing and finance association to the state controller, the state treasurer, and the Idaho transportation board as necessary for payment of principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, that are issued to finance improvements described in this section, which amounts shall not exceed the amount received and transferred from section 63-3638(16), Idaho Code, which amounts shall be transferred to the transportation expansion and congestion mitigation program debt service fund established in section 40-721(2), Idaho Code.

(8) Moneys apportioned to local units of government for local highway projects pursuant to section 63-3638(16)(a)(ii), (b)(ii), (c)(ii), and (d)(ii), Idaho Code, shall be used by local units of government only for the purposes of road and bridge maintenance, the expansion of travel lanes, and congestion mitigation for the primary benefit of motor vehicles to improve traffic flow and traffic travel times.

History:

[40-720, added 2017, ch. 322, sec. 9, p. 845; am. 2019, ch. 307, sec. 1, p. 919; am. 2023, ch. 21, sec. 1, p. 131; am. 2025, ch. 250, sec. 2, p. 1112.]
Idaho Code § 40-1501 — Idaho Code / Title 40 / Chapter 15 / Section 40-1501
40-1501 HIGHWAY DISTRICTS — CONSOLIDATION — EFFECT OF CONSOLIDATION.
Status: in_force

40-1501. Highway districts — Consolidation — Effect of consolidation. Any highway district within the state, whether the same are situated entirely within the boundaries of any one (1) county or within two (2) or more adjoining counties, may be consolidated with any adjoining highway district, whether situated entirely within the boundaries of any county or within two (2) or more adjoining counties.

History:

[40-1501, added 1985, ch. 253, sec. 2, p. 663; am. 2000, ch. 202, sec. 2, p. 503.]
Idaho Code § 40-1620 — Idaho Code / Title 40 / Chapter 16 / Section 40-1620
40-1620 ORDER OF ANNEXATION.
Status: in_force

ANNEXATION

40-1620. Order of annexation. If the commissioners shall find that the annexation by the highway district is for the best interests of the highway system in the county, then the commissioners shall order that the area, or any modifications of it made by the commissioners, shall be annexed to the highway district, and an order shall be entered in the minutes of the commissioners, and the area shall then constitute and be a part of the highway district.

History:

[40-1620, added 1985, ch. 253, sec. 2, p. 672.]
Idaho Code § 40-711 — Idaho Code / Title 40 / Chapter 7 / Section 40-711
40-711 MONEYS OF HIGHWAY DISTRICTS — APPORTIONMENT WITH COUNTIES.
Status: in_force

40-711. Moneys of highway districts — Apportionment with counties. (1) Within ten (10) days after the organization of a highway board, it shall be the duty of the commissioners to pay over to the treasurer of the highway district the proper share of the district's funds in the highway and bridge fund of the county, the share being ascertained and determined as follows: From the total amount of the highway and bridge funds, consisting of the balance, if any, on hand at the beginning of the current calendar year, augmented by the amount of whatever taxes may have been subsequently collected and paid into the highway and bridge funds, there shall be deducted the amount of any payments made from the funds since the beginning of the calendar year and also any amount needed to make good any deficiency in the funds that may have existed at the beginning of that year. The resulting amount is, for the purpose of the computation, termed the net highway and bridge fund. The highway district's contribution to it is an amount which bears the same ratio that the amount of the highway and bridge ad valorem taxes levied by the county within the highway district in the preceding year (less twenty-five per cent (25%) of the highway fund levied within any included cities), bears to the total amount of highway and bridge ad valorem taxes levied in the county in the preceding year. The proper share for the highway district in the highway and bridge fund is, for the purpose of this section, ninety-five per cent (95%) of the highway district's contribution to the net highway and bridge fund.

(2) All moneys thereafter coming into the county highway and bridge funds by reason of county levies made prior to the organization of the highway district, but which may not, at the time of the organization, have been collected by the county, shall as soon as collected, be accounted for and apportioned by the methods set forth above, and the highway district's proper share in it paid over to the highway district.

(3) Pending final adjustment and payment of the amounts provided for in this section, the commissioners are authorized to retain a proportion of the funds as shall be required to meet outstanding valid warrants lawfully issued against the county prior to the organization of the highway district and outstanding indebtedness of the county lawfully contracted prior to the organization of the highway district lawfully chargeable and payable out of those funds. This section shall not apply to the proceeds of taxes specially levied to meet the requirements of bonds issued by the county.

History:

[40-711, added 1985, ch. 253, sec. 2, p. 626.]
Idaho Code § 40-1623 — Idaho Code / Title 40 / Chapter 16 / Section 40-1623
40-1623 CONTESTING PROCEEDINGS — TIME LIMIT.
Status: in_force

ANNEXATION

40-1623. Contesting proceedings — Time limit. After the order of annexation is made by the commissioners, the validity of the proceedings shall not be affected by any defect in the petition or in the number or qualification of its signers, and no action shall be commenced or maintained or defense made affecting the validity of the annexation after six (6) months from and after the making and entering of the order by the commissioners.

History:

[40-1623, added 1985, ch. 253, sec. 2, p. 672.]
Idaho Code § 40-403 — Idaho Code / Title 40 / Chapter 4 / Section 40-403
40-403 INCIDENTAL POWERS — GRADE SEPARATIONS — RELOCATION OF PUBLIC HIGHWAYS — RIGHT OF ENTRY.
Status: in_force

40-403. Incidental powers — Grade separations — Relocation of public highways — Right of entry. (1) The board shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of those highways in order to accommodate them to the design of the grade separation. The cost of the grade separations and any damage incurred in changing and adjusting lines and grades of highways shall be ascertained and paid by the board as a part of the cost of the turnpike project.

(2) If the board shall find it necessary to change the location of any portion of any public highway, it shall cause it to be reconstructed at a location as the highway board having jurisdiction over the highway to be reconstructed shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the board as a part of the cost of the turnpike project.

(3) Any highway affected by the construction of any turnpike project may be changed or relocated by the board in the manner provided by law for the vacation or relocation of public highways, and any damage awarded shall be paid by the board as a part of the cost of the project.

(4) The board and its authorized agents and employees may enter upon any lands, waters and premises in the state for the purposes of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of a turnpike project, and such an entry shall not be deemed a trespass, nor shall an entry for those purposes be deemed an entry under any condemnation proceedings which may be then pending. The board shall make reimbursement for any actual damages resulting to the lands, water, and premises as a result of those activities.

History:

[40-403, added 1985, ch. 253, sec. 2, p. 606.]
Idaho Code § 40-203 — Idaho Code / Title 40 / Chapter 2 / Section 40-203
40-203 ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM HIGHWAYS OR PUBLIC RIGHTS-OF-WAY.
Status: in_force

40-203. Abandonment and vacation of county and highway district system highways or public rights-of-way. (1) A board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, shall use the following procedure to abandon and vacate any highway or public right-of-way in the county or highway district system including those which furnish public access to state and federal public lands and waters:

(a) The commissioners may by resolution declare their intention to abandon and vacate any highway or public right-of-way or to reclassify a public highway as a public right-of-way, where doing so is in the public interest.

(b) Any resident, or property holder, within a county or highway district system including the state of Idaho, any of its subdivisions, or any agency of the federal government may petition the respective commissioners for abandonment and vacation of any highway or public right-of-way within their highway system. The petitioner shall pay a reasonable fee as determined by the commissioners to cover the cost of the proceedings.

(c) The commissioners shall establish a hearing date or dates on the proposed abandonment and vacation.

(d) The commissioners shall prepare a public notice stating their intention to hold a public hearing to consider the proposed abandonment and vacation of a highway or public right-of-way, which shall be made available to the public not later than thirty (30) days prior to any hearing and mailed to any person requesting a copy not more than three (3) working days after any such request.

(e) At least thirty (30) days prior to any hearing scheduled by the commissioners to consider abandonment and vacation of any highway or public right-of-way, the commissioners shall mail notice by United States mail to known owners and operators of an underground facility, as defined in section 55-2202, Idaho Code, that lies within the highway or public right-of-way.

(f) At least thirty (30) days prior to any hearing scheduled by the commissioners to consider abandonment and vacation of any highway or public right-of-way, the commissioners shall mail notice to owners of record of land abutting the portion of the highway or public right-of-way proposed to be abandoned and vacated at their addresses as shown on the county assessor's tax rolls and shall publish notice of the hearing at least two (2) times if in a weekly newspaper or three (3) times if in a daily newspaper, the last notice to be published at least five (5) days and not more than twenty-one (21) days before the hearing.

(g) At the hearing, the commissioners shall accept all information relating to the proceedings. Any person, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may appear and give testimony for or against abandonment.

(h) After completion of the proceedings and consideration of all related information, the commissioners shall decide whether the abandonment and vacation of the highway or public right-of-way is in the public interest of the highway jurisdiction affected by the abandonment or vacation. The decision whether or not to abandon and vacate the highway or public right-of-way shall be written and shall be supported by findings of fact and conclusions of law.

(i) If the commissioners determine that a highway or public right-of-way parcel to be abandoned and vacated in accordance with the provisions of this section has a fair market value of two thousand five hundred dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation; provided, however, no such charge shall be imposed on the landowner who originally dedicated such parcel to the public for use as a highway or public right-of-way; and provided further, that if the highway or public right-of-way was originally a federal land right-of-way, said highway or public right-of-way shall revert to a federal land right-of-way.

(j) The commissioners shall cause any order or resolution to be recorded in the county records and the official map of the highway system to be amended as affected by the abandonment and vacation.

(k) From any such decision, a 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, may appeal to the district court of the county in which the highway or public right-of-way is located pursuant to section 40-208, Idaho Code.

(2) No highway or public right-of-way or parts thereof shall be abandoned and vacated so as to leave any real property adjoining the highway or public right-of-way without access to an established highway or public right-of-way. The burden of proof shall be on the impacted property owner to establish this fact.

(3) In the event of abandonment and vacation, rights-of-way or easements shall be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, or other underground facilities as defined in section 55-2202, Idaho Code, for ditches or canals and appurtenances, and for electric, telephone and similar lines and appurtenances.

(4) (a) When a county or highway district is to consider the abandonment or vacation of any highway, public street or public right-of-way that was accepted as part of a recorded platted subdivision, such abandonment shall be accomplished pursuant to the provisions of this section.

(b) When a county or highway district is to consider the abandonment or vacation of any highway, public street, or public right-of-way that was accepted as part of a platted subdivision that has never been improved or developed, such vacation or abandonment may be approved through the dedication of a new highway, public street, or public right-of-way without compensation as set forth in subsection (1)(i) of this section.

(c) When a county is to consider the abandonment or vacation of any private right-of-way that was accepted as part of a recorded platted subdivision, said abandonment or vacation shall be accomplished pursuant to the provisions of chapter 13, title 50, Idaho Code.

(5) In any proceeding under this section or section 40-203A, Idaho Code, or in any judicial proceeding determining the public status or width of a highway or public right-of-way, a highway or public right-of-way shall be deemed abandoned if the evidence shows:

(a) That said highway or public right-of-way was created solely by a particular type of common law dedication, such as a dedication based upon a plat or other document that was not recorded in the official records of an Idaho county;

(b) That said highway or public right-of-way is not located on land owned by the United States or the state of Idaho nor on land entirely surrounded by land owned by the United States or the state of Idaho nor does it provide the only means of access to such public lands; and

(c)(i) That said highway or public right-of-way has not been used by the public and has not been maintained at the expense of the public in at least three (3) years during the previous fifteen (15) years; or

(ii) Said highway or right-of-way was never constructed and at least twenty (20) years have elapsed since the common law dedication.

(6) All other highways or public rights-of-way may be abandoned and vacated only upon a formal determination by the commissioners pursuant to this section that retaining the highway or public right-of-way for use by the public is not in the public interest, and such other highways or public rights-of-way may be validated or judicially determined at any time notwithstanding any other provision of law. Provided that any abandonment under this section shall be subject to and limited by the provisions of subsections (2) and (3) of this section.

History:

[40-203, added 1985, ch. 253, sec. 2, p. 594; am. 1986, ch. 206, sec. 3, p. 513; am. 1986, ch. 328, sec. 4, p. 804; am. 1992, ch. 323, sec. 1, p. 959; am. 1993, ch. 412, sec. 4, p. 1507; am. 1995, ch. 121, sec. 2, p. 523; am. 2000, ch. 251, sec. 2, p. 711; am. 2013, ch. 239, sec. 4, p. 562; am. 2014, ch. 137, sec. 1, p. 372; am. 2021, ch. 179, sec. 1, p. 494.]
Idaho Code § 40-1406A — Idaho Code / Title 40 / Chapter 14 / Section 40-1406A
40-1406A SUMMARIZATION OF ORDINANCES PERMITTED — REQUIREMENTS.
Status: in_force

40-1406A. Summarization of ordinances permitted — Requirements. (1) In lieu of publishing the entire ordinance under section 40-1406, Idaho Code, the highway district may publish a summary of the ordinance, which summary shall be approved by the governing body and which shall include:

(a) The name of the highway district;

(b) The formal identification or citation number of the ordinance;

(c) A descriptive title;

(d) A summary of the principal provisions of the ordinance, including penalties provided and the effective date;

(e) Any other information necessary to provide an accurate summary; and

(f) A statement that the full text is available at the highway district office.

(2) Notwithstanding subsection (1) of this section, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions or contains provisions regarding taxation or penalties concerning real property, those sections containing such information shall be published in full and shall not be summarized. In the case of a legal description of real property, the notice shall also include the street address or addresses of the property described, if any. In the case of a description covering one (1) or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for a written legal description of property provided such maps contain sufficient detail to clearly define the area with which the ordinance is concerned.

(3) Before submission of a summary to a newspaper for publication under this section, the legal advisor of the highway district shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.

(4) The full text of any ordinance which is summarized by publication under this section shall be promptly provided by the highway district clerk to any citizen on personal request.

History:

[40-1406A, added 2001, ch. 334, sec. 1, p. 1176.]
Idaho Code § 40-1201 — Idaho Code / Title 40 / Chapter 12 / Section 40-1201
40-1201 INTERSTATE BRIDGES ON STATE HIGHWAYS — MAINTENANCE AND CONTROL.
Status: in_force

40-1201. Interstate bridges on state highways — Maintenance and control. When interstate bridges are located on designated state highways and designated state highways of any adjoining state, the portions of bridges within the state of Idaho shall be controlled, operated and maintained by the board, which is hereby vested with all power and authority necessary or incidential to the maintenance, operation and control of them.

History:

[40-1201, added 1985, ch. 253, sec. 2, p. 645.]
Idaho Code § 40-1515 — Idaho Code / Title 40 / Chapter 15 / Section 40-1515
40-1515 PROPERTY AND MONEYS OF FORMER DISTRICTS — DELIVERY TO CONSOLIDATED HIGHWAY DISTRICT.
Status: in_force

40-1515. Property and moneys of former districts — Delivery to consolidated highway district. All property rights of the former highway districts shall be vested in and become the property of the consolidated highway district. The highway district commissioners and officers of each of the former highway districts comprising the consolidated highway district shall, immediately after consolidation is effected and the consolidated highway district commissioners have met and organized, turn over and deliver to them all property of every kind and description belonging to the former highway districts, including all moneys, books and accounts.

History:

[40-1515, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 15, p. 508.]
Idaho Code § 40-1603 — Idaho Code / Title 40 / Chapter 16 / Section 40-1603
40-1603 ORDER FOR HEARING UPON PETITION.
Status: in_force

DETACHMENT

40-1603. Order for hearing upon petition. Immediately upon its next regular meeting or at a special meeting called for that purpose, the 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:

[40-1603, added 1985, ch. 253, sec. 2, p. 668.]
Idaho Code § 40-513D — Idaho Code / Title 40 / Chapter 5 / Section 40-513D
40-513D STATE HIGHWAY 3 DESIGNATED AS NORTH IDAHO MEDAL OF HONOR HIGHWAY.
Status: in_force

40-513D. State Highway 3 designated as North Idaho Medal of honor highway. State highway 3, connecting U.S. highway 12 near Spalding with interstate 90 near Rose Lake, shall be designated as the "North Idaho Medal of Honor Highway" to honor Idahoans awarded the congressional medal of honor for their service in our armed forces. The Idaho transportation department shall identify areas suitable for posting markers along state highway 3 indicating its designation as the "North Idaho Medal of Honor Highway."

History:

[40-513D, added 2011, ch. 48, sec. 1, p. 114.]
Idaho Code § 40-513H — Idaho Code / Title 40 / Chapter 5 / Section 40-513H
40-513H DESIGNATION OF THE BOBBY CHAMBERS MEMORIAL HIGHWAY.
Status: in_force

40-513H. designation of the bobby chambers memorial highway. The portion of state highway 6 located near Potlatch, Idaho, beginning at the intersection of United States Highway 95 and ending at the western city limits of the city of Potlatch, is to be known as the "Bobby Chambers Memorial Highway" to honor Robert "Bobby" Chambers, a Vietnam war hero from Potlatch who earned the silver star and purple heart for his actions on the same day that he lost his life in service of his country at age nineteen (19). The Idaho transportation department may place and maintain suitable signs at each end of the designated memorial highway. Provided, the department shall not place such signs or markers where other current special designations exist. The Idaho transportation department will determine the location of any signs in the road right-of-way based on safety considerations. The Idaho transportation department may work with family members and local organizations for the design of any signs and may accept moneys from various groups to create, install, and maintain the signs provided for in this section.

History:

[40-513H, added 2021, ch. 235, sec. 1, p. 716.]
Idaho Code § 40-703 — Idaho Code / Title 40 / Chapter 7 / Section 40-703
40-703 ESTABLISHMENT OF LOCAL BRIDGE INSPECTION ACCOUNT — ADMINISTRATION.
Status: in_force

40-703. Establishment of local bridge inspection account — Administration. In order to promote public safety at bridges on local public highways and to provide for the payment of the local matching share of federal funds available for periodic inspection of these bridges to comply with federal laws, there is established in the dedicated fund of the state treasury an account known as the "local bridge inspection account." The department is charged with the sole and exclusive administration of this account, and shall follow federal guidelines in making bridge inspections which are to be funded in part with federal funds. Interest earned on the investment of idle moneys in the local bridge inspection account shall be paid to the local bridge inspection account.

History:

[40-703, added 1985, ch. 253, sec. 2, p. 622; am. 1990, ch. 158, sec. 3, p. 345.]
Idaho Code § 40-1701 — Idaho Code / Title 40 / Chapter 17 / Section 40-1701
40-1701 LEGISLATIVE INTENT.
Status: in_force

40-1701. Legislative intent. It is the intent of the legislature in amending this chapter to declare that it is necessary in the further promotion, regulation, control and administration of the secondary highways within the state of Idaho for the electorate to adopt a secondary highway system at the county level and for the elimination of impractical and uneconomical units and still maintain the element of home rule and administration of secondary highways within the various county and highway district systems exclusive of the state highway system.

History:

[40-1701, added 1998, ch. 415, sec. 1, p. 1308.]
Idaho Code § 40-1104 — Idaho Code / Title 40 / Chapter 11 / Section 40-1104
40-1104 FORM OF BONDS — HIGHWAY DISTRICT.
Status: in_force

40-1104. Form of bonds — Highway district. In case a vote is in favor of charging part of the indebtedness to be created by a bond issue against adjoining land, the bonds may be issued and the proceedings shall be as provided by chapter 2, title 57, Idaho Code, except where other special provisions on the subject are provided by sections 40-1103 and 40-808 through 40-813, Idaho Code.

History:

[40-1104, added 1985, ch. 253, sec. 2, p. 644.]
Idaho Code § 40-2319 — Idaho Code / Title 40 / Chapter 23 / Section 40-2319
40-2319 ENCROACHMENTS — REMOVAL — NOTICE — PENALTY FOR FAILURE TO REMOVE — REMOVAL BY COUNTY OR HIGHWAY DISTRICT — ABATEMENT.
Status: in_force

40-2319. Encroachments — Removal — Notice — Penalty for failure to remove — Removal by county or highway district — Abatement. (1) If any highway or public right-of-way under the jurisdiction of a county or highway district is encroached upon by gates, fences, buildings, or otherwise, the appropriate county or highway district may require the encroachment to be removed.

(2) If the county or highway district has actual notice of an encroachment that is of a nature as to effectually obstruct and prevent the use of an open highway for vehicles or is unsafe for pedestrian or motorist use of an open highway, the county or highway district shall immediately cause the encroachment to be removed without notice.

(3) If the county or highway district elects to remove an encroachment as provided for in subsection (1) of this section, notice shall be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence if he resides in the highway jurisdiction. If not, it shall be posted on the encroachment, specifying the place and extent of the encroachment, and requiring him to remove the encroachment within ten (10) days.

(a) If the encroachment is not removed, or commenced to be removed, prior to the expiration of ten (10) days from the service or posting the notice, the person who caused, owns or controls the encroachment shall forfeit up to one hundred fifty dollars ($150) for each day the encroachment continues unremoved;

(b) If the owner, occupant, or person controlling the encroachment, refuses either to remove it or to permit its removal, the county or highway district shall commence in the proper court an action to abate the encroachment. If the county or highway district recovers judgment, it may, in addition to having the encroachment abated, recover up to one hundred fifty dollars ($150) for every day the encroachment remained after notice, as well as costs of the legal action and removal; or

(c) If the owner, occupant or person controlling the encroachment fails to respond to the notice within five (5) days after the notice is complete, the county or highway district may remove it at the expense of the owner, occupant, or person controlling the encroachment, and the county or highway district may recover costs and expenses, as well as the sum of up to one hundred fifty dollars ($150) for each day the encroachment remained after notice was complete.

(4) The duties referenced in the provisions of this section, whether statutory or common law, require reasonable care only and shall not be construed to impose strict liability or to otherwise enlarge the liability of the county or highway district. The county or highway district, while responsible for their own acts or omissions, shall not be liable for any injury or damage caused by or arising from the encroachment or the failure to remove or abate the encroachment as provided for in subsection (1) of this section. The provision of this section shall not be construed to impair any defense that the county or highway district may assert in a civil action.

(5) Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of this title governing the power, authority or jurisdiction of a county or highway district, including the authority to regulate the use of highways or public rights-of-way for pedestrian and motorist safety.

History:

[40-2319, added 1985, ch. 253, sec. 2, p. 698; am. 2000, ch. 252, sec. 2, p. 717; am. 2011, ch. 282, sec. 1, p. 765; am. 2013, ch. 264, sec. 1, p. 649.]
Idaho Code § 40-1004 — Idaho Code / Title 40 / Chapter 10 / Section 40-1004
40-1004 NOTICE TO BE MAILED.
Status: in_force

40-1004. Notice to be mailed. Whenever there is an amount to the credit of the district fund as shown by the books of the treasurer sufficient to pay the warrant or warrants next entitled to payment, the treasurer shall immediately place in his office a notice that the warrant or warrants will be paid on presentation, stating the number and series of the warrants. The treasurer shall send, by mail, to the record holder of the warrant notice that the warrant will be paid on presentation.

History:

[40-1004, added 1985, ch. 253, sec. 2, p. 642.]
Idaho Code § 40-116 — Idaho Code / Title 40 / Chapter 1 / Section 40-116
40-116 DEFINITIONS — O.
Status: in_force

40-116. Definitions — O. (1) "Organizational conflict of interest" means that, because of other activities or relationships with other persons or entities, a person or entity is unable or potentially unable to render impartial assistance or advice to the department or the person's or entity's objectivity in performing the contract work is or might be otherwise impaired, or a person or entity has an unfair competitive advantage.

(2) "Outdoor advertising business" means the business or occupation of placing, erecting, constructing or maintaining advertising structures or signs. The term does not include the placing, erecting, constructing or maintaining of advertising displays exclusively pertaining to the business of the person placing the advertising display, but does include a person whenever he personally or through employees places advertising displays containing advertising which does not pertain exclusively to his own business.

(3) "Owner" means all persons and all political subdivisions of the state having any title or interest in any property, rights, easements and interests authorized to be acquired by chapter 3, title 40, Idaho Code.

History:

[40-116, added 1985, ch. 253, sec. 2, p. 591; am. 2010, ch. 293, sec. 8, p. 781.]
Idaho Code § 40-1629 — Idaho Code / Title 40 / Chapter 16 / Section 40-1629
40-1629 TAXATION OF ANNEXED AREA FOR OUTSTANDING OBLIGATIONS.
Status: in_force

ANNEXATION

40-1629. Taxation of annexed area for outstanding obligations. Upon annexation, the area next to the highway district shall be and become a part of it and shall be subject to taxation for the payment of all the outstanding obligations of the district existing at the time of annexation, and be subject to taxation as all other lands of the district for the operation of the highway system of the district.

History:

[40-1629, added 1985, ch. 253, sec. 2, p. 673.]
Idaho Code § 40-313 — Idaho Code / Title 40 / Chapter 3 / Section 40-313
40-313 POWERS AND DUTIES — BEAUTIFICATION AND INFORMATION.
Status: in_force

40-313. Powers and duties — Beautification and information. The board shall:

(1) Furnish, erect and maintain, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrians and vehicular traffic entering or traveling upon the state highway system.

(2) Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any state highway, and remove therefrom and destroy any unauthorized signs existing on them.

(3) Acquire, maintain and improve areas adjacent to highways on the state highway system for the restoration, preservation, and enhancement of scenic beauty, for use as informational sites, and for rest and recreation of the traveling public. The areas shall be parallel to and contiguous with the highway and shall not exceed a width of one thousand (1,000) feet from the adjacent right-of-way line. The board may acquire these areas in fee, easement, or other interest as may be determined by the board to be reasonably necessary to accomplish the purposes of chapter 15, title 40, Idaho Code. Such acquisition is declared to be for a highway use, and may be by gift, purchase, exchange or eminent domain, and if the latter be necessary, it shall be carried out in the same manner as now provided by law for acquisition of right-of-way for state highways.

(4) Screen, if feasible, any junkyard lawfully in existence on March 20, 1967, which are within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system and not located within an industrial area, zoned or unzoned. The responsibility of the board for screening junkyards is limited to the size of the junkyards and height of storage existing as of March 20, 1967. Any screening, after March 20, 1967, required by an increase in the size of the junkyard or the height of the storage in it shall be the responsibility of the owner and will be done at his expense. The board is authorized to acquire by purchase, gift or the power of eminent domain the lands or interest in lands as may be necessary to provide adequate screening of junkyards, but eminent domain proceedings may not be undertaken to obtain adjacent lands unless they are owned by the owner of the junkyard or the lands of the junkyard are inadequate for this purpose. When the board determines that the topography of the land will not permit adequate screening of junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of the highway on the interstate or primary system or the screening of the junkyards would not be economically feasible, the board must acquire by gift, purchase or the power of eminent domain, any interests necessary to secure the removal or disposal of the junkyard.

History:

[40-313, added 1985, ch. 253, sec. 2, p. 603.]
Idaho Code § 40-120 — Idaho Code / Title 40 / Chapter 1 / Section 40-120
40-120 DEFINITIONS — S.
Status: in_force

40-120. Definitions — S. (1) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for convenience of the traveling public.

(2) "Short-listing" means the narrowing of the field of potential design-build firms through the selection of the most qualified design-build firms who have responded to a request for qualifications.

(3) "Sign." (See "Advertising structure," section 40-102, Idaho Code)

(4) "Single countywide highway district" means all public highways within the county, including those within all cities of the county, but excepting those within the state highway system and those under federal control.

(5) "State highway system" means the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.

(6) "State law" means a provision of the constitution or statutes of this state, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this state pursuant to the constitution or statutes.

(7) "Stipend" means a monetary amount that may be paid to unsuccessful design-build firms who have submitted responsive proposals in response to an RFP. The purpose of a stipend is to encourage competition by offering to compensate responsive but unsuccessful design-build firms for a portion of the proposal development costs.

(8) "Street" means a thoroughfare, alley, highway or a right-of-way that may be open for public use but is not part of a public highway system nor under the jurisdiction of a public highway agency.

(9) "Structure." (See "Advertising structure," section 40-102, Idaho Code)

(10) "System, city." (See "City system," section 40-104, Idaho Code)

History:

[40-120, added 1985, ch. 253, sec. 2, p. 592; am. 2010, ch. 293, sec. 11, p. 783; am. 2011, ch. 136, sec. 3, p. 385.]
Idaho Code § 40-611 — Idaho Code / Title 40 / Chapter 6 / Section 40-611
40-611 REPORT OF FINANCIAL CONDITION — PUBLICATION.
Status: in_force

40-611. Report of financial condition — Publication. On or before the first day of November of each year, the commissioners shall make and file in its office a full, true and correct statement of the financial condition of the county in respect to highways as it exists on the first day of the preceding October, and of its expenditures and appropriation for highway purposes during the preceding year. A copy of the statement shall be published in at least one (1) issue of a newspaper published in the county.

History:

[40-611, added 1985, ch. 253, sec. 2, p. 618.]
Idaho Code § 40-1404B — Idaho Code / Title 40 / Chapter 14 / Section 40-1404B
40-1404B VACANCIES — FILLING A MID-TERM VACANCY.
Status: in_force

40-1404B. vacancies — filling A MID-TERM vacancy. (1) Any vacancy occurring on the highway district board, other than by expiration of the term of office, shall be determined by the remaining highway district board using the criteria established in section 59-901, Idaho Code.

(2) If it is determined that a vacancy has occurred as provided in subsection (1) of this section, the remaining highway district board shall declare there is a vacancy and such vacancy shall be filled as herein provided:

(a) The remaining highway district board shall have thirty (30) days to appoint a person to fill the vacancy.

(b) If a majority of the remaining highway district board so constituted shall be unable to agree upon an appointment of a person to fill the vacancy before the expiration of the thirty (30) day period, the remaining highway district board shall submit a list of three (3) nominations to the governor within five (5) days.

(c) The governor shall fill the vacancy within ten (10) days by appointing a person having the qualifications set forth herein. In the event the remaining highway district board fails to submit a list of three (3) nominations as set forth in this section, the governor shall have an additional ten (10) days to fill the vacancy by appointing a person having the same qualifications at the time of the appointment as those provided by law for election to the office.

(3) The person selected shall be a person who possesses the same qualifications at the time of his appointment as those provided by law for election to the vacant office.

(4) The term of the appointment shall be for the balance of the term of the person replaced.

(5) Appointment pursuant to the provisions of this chapter shall be in writing and filed with the secretary of the highway district, the clerk of the county commissioners and the tax collector of the county.

(6) Any person appointed to fill a vacancy, after filing the official oath and qualifying for the official bond in accordance with the provisions of section 40-1405, Idaho Code, shall possess all the rights and powers, and is subject to all the liabilities, duties and obligations of the office filled.

History:

[40-1404B, added 2013, ch. 18, sec. 1, p. 28.]
Idaho Code § 40-1601 — Idaho Code / Title 40 / Chapter 16 / Section 40-1601
40-1601 DISTRICTS SUBJECT TO DETACHMENT.
Status: in_force

DETACHMENT

40-1601. Districts subject to detachment. A portion of the territory of an existing highway district, whether the district is situated wholly in one (1) county or in two (2) or more counties, may be detached from the highway district as provided in this chapter.

History:

[40-1601, added 1985, ch. 253, sec. 2, p. 668.]
Idaho Code § 40-1513 — Idaho Code / Title 40 / Chapter 15 / Section 40-1513
40-1513 HIGHWAY DISTRICT LAWS APPLICABLE — EXCEPTIONS — TAX LEVIES.
Status: in_force

40-1513. Highway district laws applicable — Exceptions — Tax levies. After the consolidation is effective, statutes relating to highway districts shall be applicable to the joint consolidated highway district, except as otherwise provided in this chapter. The assessing of property, the levying and collection of ad valorem taxes and all accounts which from their nature should be separately kept, shall be done and kept and the report on them made as if each portion of the consolidated district were a separate highway district in the respective counties. Nothing in this chapter shall be construed as preventing the new highway district board from levying ad valorem taxes against property within the consolidated district in accordance with chapter 8, title 40, Idaho Code.

History:

[40-1513, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 13, p. 507.]
Idaho Code § 40-2321 — Idaho Code / Title 40 / Chapter 23 / Section 40-2321
40-2321 BRIDGES AND CULVERTS.
Status: in_force

40-2321. Bridges and culverts. Any person intending to run water across any public highway must first, under the direction and with the approval of the directors of highways of the county or district, or if the highway be the boundary of two (2) counties or districts, then, under the direction and with the approval of the director of highways of both counties or districts, construct a ditch of sufficient size to carry all the water, and must build a substantial bridge, with easy grades on and off the bridge over the ditch not less than sixteen (16) feet wide. When the quantity of water of any ditch is such that a pipe or culvert will carry the water, the water may be conducted across the highway by means of a pipe or culvert, which must be adapted to the surface of the highway, and the highest point of which shall be at least two (2) feet beneath the surface of the highway, be built of a length not less than sixteen (16) feet, and in a substantial manner permitting uninterrupted travel. All such bridges or culverts shall be of concrete, and all pipes of concrete, steel or other mineral substance. No wooden bridges, pipes or culverts shall be constructed, unless it appears to the satisfaction of the respective commissioners that the cost of the bridge, pipe or culvert would be unreasonably increased by being made of concrete, steel or other mineral substance, and that there is not sufficient travel over the highway to make it necessary for the protection and convenience of public travel that the bridge, pipe or culvert be constructed of those materials. The respective commissioners may in their discretion and by resolution, permit the bridge, pipe or culvert to be constructed of wood or other material, but no bridge, pipe or culvert shall be constructed of wood or any materials other than those specified in this section except upon a resolution of the appropriate commissioners setting forth the reasons and particularly specifying the place of the construction. When a bridge, pipe or culvert shall have been constructed as required, and accepted and approved by the director of highways, it shall become county property and be maintained as other county bridges.

History:

[40-2321, added 1985, ch. 253, sec. 2, p. 699.]
Idaho Code § 40-1323 — Idaho Code / Title 40 / Chapter 13 / Section 40-1323
40-1323 CITIES INCLUDED IN HIGHWAY DISTRICTS — POWERS AND DUTIES OF CITY COUNCIL.
Status: in_force

40-1323. Cities included in highway districts — Powers and duties of city council. (1) If any highway district shall include within its boundaries any incorporated city, or any portion of a city, the power of taxation on the part of the highway district as to ad valorem taxes, and in general all power of taxation or assessment, shall extend to and include the persons and property within the territory of the included city. The residents of the included territory shall be deemed for all purposes residents of the highway district, and entitled to vote at highway district elections to the same extent as other residents of the highway district. Nothing in this title shall be construed as affecting or impairing any power of taxation or assessment for local city highway purposes on the part of the authorities of the city of any included territory. Each incorporated city, or portion of it, within a highway district, shall constitute a separate division of the district. The city council of each incorporated city within the territory of a highway district, so far as relates to their city, shall have the powers and duties as provided by this chapter and as provided in chapter 3, title 50, Idaho Code, in such case.

(2) All the provisions of this title as to voting, taxation, assessments and bonding on the part of the highway district shall apply without change or discrimination to the persons and taxable property within the included territorial limits of a city.

History:

[40-1323, added 1985, ch. 253, sec. 2, p. 655; am. 1999, ch. 332, sec. 14, p. 905.]
Idaho Code § 40-1310 — Idaho Code / Title 40 / Chapter 13 / Section 40-1310
40-1310 POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS.
Status: in_force

40-1310. Powers and duties of highway district commissioners. (1) The commissioners of a highway district have exclusive general supervision and jurisdiction over all highways and public rights-of-way within their highway system, with full power to construct, maintain, repair, acquire, purchase and improve all highways within their highway system, whether directly or by their own agents and employees or by contract. Except as otherwise provided in this chapter in respect to the highways within their highway system, a highway district shall have all of the powers and duties that would by law be vested in the commissioners of the county and in the district directors of highways if the highway district had not been organized. Where any highway within the limits of the highway district has been designated as a state highway, then the board shall have exclusive supervision, jurisdiction and control over the designation, location, maintenance, repair and reconstruction of it. The highway district shall have power to manage and conduct the business and affairs of the district; establish and post speed and other regulatory signs; make and execute all necessary contracts; have an office and employ and appoint agents, attorneys, officers and employees as may be required, and prescribe their duties and fix their compensation. Highway district commissioners and their agents and employees have the right to enter upon any lands to make a survey, and may locate the necessary works on the line of any highways on any land which may be deemed best for the location.

(2) The highway district shall also have the right to acquire either by purchase, or other legal means, all lands and other property necessary for the construction, use, maintenance, repair and improvement of highways in their system. The highway district may change the width or location, or straighten lines of any highway in their system, and if in the constructing, laying out, widening, changing, or straightening of any highways, it shall become necessary to take private property, the district director of highways, with the consent and on order of the highway district commissioners, shall cause a survey of the proposed highway to be made, together with an accurate description of the lands required. He shall endeavor to agree with each owner of property for the purchase of a right-of-way over the lands included within the description. If the director is able to agree with the owner of the lands, the highway district commissioners may purchase the land and pay for it out of the funds of the highway district, and the lands purchased shall then be conveyed to the highway district for the use and purpose of highways.

(3) Whenever the director of highways shall be unable to agree with any person for the purchase of land, or that person shall be unknown or a nonresident of the county in which the highway district is situated, or a minor, or an insane or incompetent person, the director shall have the right, subject to the order of the highway district commissioners, to begin action in the name of the highway district in the district court of the county in which the district is situated, to condemn the land necessary for the right-of-way for the highway, under the provisions of chapter 7, title 7, Idaho Code. An order of the highway district commissioners entered upon its minutes that the land sought to be condemned is necessary for a public highway and public use shall be prima facie evidence of the fact.

(4) The highway district has the power to contract for and pay out any special rewards and bounties as may appear expedient or useful in securing proper highway construction and maintenance, and to accept, on behalf of the district, aid or contributions in the construction or maintenance of any highway; to construct or repair, with the consent of the corporate authorities of any city within the district, any highway within a city, upon the division of the cost as may be agreed upon; or to join with the state or any body politic or political subdivision, or with any person in the construction or repair of any highway and to contract for an equitable division of the cost; and all counties, cities, highway districts and other bodies politic and political subdivisions are authorized to contract with any highway district acting through its highway district commissioners in exercise of the powers granted.

(5) The highway district has the power to receive highway petitions and lay out, alter, create and abandon and vacate public highways and public rights-of-way within their respective districts under the provisions of sections 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public highway, public street and/or public right-of-way is part of a platted subdivision which lies within an established county/city impact area or within one (1) mile of a city if a county/city impact area has not been established, consent of the city council of the affected city, when the city has a functioning street department with jurisdiction over the city streets, shall be necessary prior to the granting of acceptance or vacation of said public street or public right-of-way by the highway district board of commissioners.

(6) The highway district is empowered to take conveyance or other assurances, in the name of the highway district, for all property acquired by it under the provisions of this chapter for the purposes of this title. The highway district may institute and maintain any and all actions and proceedings, suits at law and in equity, necessary or proper in order to carry out the provisions of this chapter, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities provided in this chapter. In all courts, actions, suits or proceedings, the highway district may sue, appear and defend, in person or by attorneys, and in the name of the highway district.

(7) The highway district is empowered to hold, use, acquire, sell, manage, occupy and possess property. The highway district may create highway subdistricts, which must be carefully and distinctly defined and described. Highway subdistricts may be revised or modified by the highway district commissioners, as changes in conditions demand.

(8) The highway district board of commissioners shall have the exclusive general supervisory authority over all public highways, public streets and public rights-of-way under their jurisdiction, with full power to establish design standards, establish use standards, pass resolutions and establish regulations in accordance with the provisions of title 49, Idaho Code, and control access to said public highways, public streets and public rights-of-way.

(9) By July 1, 2000, and every five (5) years thereafter, the highway district board of commissioners shall have published in map form and made readily available the location of all public rights-of-way under its jurisdiction. Any highway district board of commissioners may be granted an extension of time with the approval of the legislature by adoption of a concurrent resolution.

(10) In its discretion, the highway district may purchase equipment at a public auction, if the highway district board of commissioners has made a finding that such equipment may be purchased at a competitive price. Prior to the public auction, the highway district commissioners shall, at a regular meeting of the district or at a special hearing, notice of which is published in accordance with the provisions of section 40-206, Idaho Code, review any documentation available as to the items to be auctioned at the public sale and determine which items the district may bid on, and establish a maximum amount the district will bid for such item.

History:

[40-1310, added 1985, ch. 253, sec. 2, p. 650; am. 1986, ch. 328, sec. 9, p. 807; am. 1993, ch. 412, sec. 8, p. 1513; am. 1994, ch. 324, sec. 4, p. 1040; am. 1998, ch. 184, sec. 3, p. 675; am. 1999, ch. 291, sec. 1, p. 722; am. 1999, ch. 332, sec. 8, p. 902; am. 2003, ch. 68, sec. 4, p. 230.]
Idaho Code § 40-708 — Idaho Code / Title 40 / Chapter 7 / Section 40-708
40-708 POLICY OF LEGISLATURE ON EXPENDITURES.
Status: in_force

40-708. Policy of legislature on expenditures. (1) It is the declared policy of the legislature that, except as otherwise provided, all highway-user revenues accruing to the state highway account be spent exclusively for the maintenance, construction and development of highways and bridges in the state highway system. By mutual cooperative written agreements, or in the event of emergencies or other unusual circumstances where the financial or general welfare of the people is concerned, two (2) or more units of government may, upon a showing of cause declared and entered upon the minutes of an official meeting of the board, the boards of county, highway district commissioners or the governing body of any cities involved, as the case may be, share jointly the costs of the maintenance, construction or development of highways and bridges in any state, county, district or city system.

(2) It is further the declared policy of the legislature that, except as otherwise provided, all highway-user revenues accruing to the highway distribution account and all ad valorem levies accruing pursuant to chapter 8, title 40, Idaho Code, shall be spent in support of the operations, administration, maintenance, construction, and development of bridges and highways that benefit primarily motor vehicles in the local highway jurisdiction. All moneys apportioned to the board, counties or highway districts, and cities from the proceeds from the imposition of tax on fuels and from any tax or fee for the registration or operation of motor vehicles for general highway construction and maintenance, bridge and culvert moneys shall be accounted for as to the actual expenditure to the state controller, as dedicated funds by a certification of the governing unit receiving, budgeting and expending those dedicated funds. The certification shall list the actual funds received for the budgetary period in each category of dedicated funds and the actual expenditure of the used dedicated funds. Any balance of dedicated funds unexpended must be shown and accounted for as a beginning balance in the next regular budget. The certification shall be prepared by the director, county auditor or highway district treasurer or city clerk and shall be signed by the elected county or highway district commissioners, mayor, council, or board members of the respective reporting governmental unit. The certification shall certify that all highway user revenues and ad valorem levies have been expended only to support the operations, administration, maintenance, construction, and development of bridges and highways that benefit primarily motor vehicles in the local highway jurisdiction. The certification shall be made by December 31 of each year for the preceding fiscal budget year and shall be published once as a legal notice between January 1 and January 15. Failure to make certification, failure to publish or the making of false statements in the certification shall subject the person so doing to the penalties prescribed in section 40-207, Idaho Code, or be used as the grounds for removal from office of the offending officials. The state controller is empowered to withhold the distribution of funds for noncompliance with the provisions of this section, but upon compliance shall authorize the distribution to be made.

(3) Moneys remaining unexpended in dedicated funds shall not be budgeted or expended for uses other than the limits of the dedicated fund.

(4) Highway districts may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the ensuing fiscal year sufficient to achieve or maintain highway district operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves.

History:

[40-708, added 1985, ch. 253, sec. 2, p. 623; am. 1994, ch. 180, sec. 79, p. 478; am. 1996, ch. 386, sec. 1, p. 1310; am. 2023, ch. 288, sec. 1, p. 879; am. 2024, ch. 259, sec. 1, p. 899.]
Idaho Code § 40-615 — Idaho Code / Title 40 / Chapter 6 / Section 40-615
40-615 COUNTY AND DISTRICT BOARDS — COOPERATION WITH STATE.
Status: in_force

40-615. County and district boards — Cooperation with state. Commissioners of any county, or the board of commissioners of any highway district, are empowered to cooperate with the state in the construction of highways or bridges, with aid from the United States or the state. The boards of commissioners are authorized to deposit with the treasurer of the state, to be placed in the state highway account, the amount of funds to be contributed by the county or highway district on any project for the improvement or construction of highways or bridges, which may be agreed upon in writing between the boards of commissioners and the board. The boards of commissioners are empowered to make deposits in advance of construction and at the time the agreement between the boards and the board is entered into. In the event the project for the improvement or construction of highways or bridges is not proceeded with, or in the event that all of the funds deposited by any board of commissioners for use on any project are not used in the completion of the project, the board shall repay any unused balances to the boards of commissioners having deposited these funds, and the state controller shall draw his warrant for the payment of those moneys out of the state highway account against claims duly approved by the board and the state board of examiners.

History:

[40-615, added 1985, ch. 253, sec. 2, p. 619; am. 1994, ch. 180, sec. 76, p. 477.]
Idaho Code § 40-404 — Idaho Code / Title 40 / Chapter 4 / Section 40-404
40-404 FEEDER HIGHWAYS.
Status: in_force

40-404. Feeder highways. (1) The board is authorized to:

(a) Construct, repair and maintain any feeder highway which in the opinion of the board will increase the use of a turnpike project to which the highway is a feeder;

(b) Assume maintenance and repair operations of an existing highway which is needed as a feeder highway. Before exercising these powers, consent of local authority exercising jurisdiction over the existing highway must be obtained; and

(c) Realign an existing highway and build additional sections of highway over new alignment in connection with the existing highway.

(2) Where a feeder highway is constructed over new alignment, the board is granted the same powers concerning construction as is granted in connection with the construction of the turnpike project. Any feeder highway, eighty per cent (80%) or more of which is built over new alignment, shall for the purposes of this section be deemed to be a new feeder highway.

(3) Where the board has constructed a new feeder highway, it shall have the obligation to maintain and repair the new feeder highway.

(4) No toll shall be charged for transit between points on any feeder or new feeder highway.

History:

[40-404, added 1985, ch. 253, sec. 2, p. 607.]
Idaho Code § 40-111 — Idaho Code / Title 40 / Chapter 1 / Section 40-111
40-111 DEFINITIONS — J.
Status: in_force

40-111. Definitions — J.

(1) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; junk, dismantled, or wrecked automobiles, or their parts; iron, steel and other scrap ferrous or nonferrous material.

(2) "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

History:

[40-111, added 1985, ch. 253, sec. 2, p. 591.]
Idaho Code § 40-1518 — Idaho Code / Title 40 / Chapter 15 / Section 40-1518
40-1518 INDEBTEDNESS PRIOR TO CONSOLIDATION — LIABILITY OF PROPERTY IN FORMER HIGHWAY DISTRICTS.
Status: in_force

40-1518. Indebtedness prior to consolidation — Liability of property in former highway districts. It is expressly provided that property situated within the boundaries of a former highway district shall be liable for the indebtedness of that district existing prior to consolidation, but shall not be liable for the indebtedness of any other highway district forming a consolidation and existing prior to the consolidation.

History:

[40-1518, added 1985, ch. 253, sec. 2, p. 668; am. 2000, ch. 202, sec. 18, p. 509.]
Idaho Code § 40-1922 — Idaho Code / Title 40 / Chapter 19 / Section 40-1922
40-1922 DUMP PERMITS — RENEWAL — FEE — SCREENING BY OWNER.
Status: in_force

40-1922. Dump permits — Renewal — Fee — Screening by owner. No person shall operate, establish, or maintain a dump, 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 permit from the board. The permit and each renewal shall be issued on a calendar year basis and shall expire on the 31st day of December following the date of issuance. A fee of fifteen dollars ($15.00) shall be charged for each original permit or renewal permit which shall be deposited in the state treasury to the credit of the highway distribution account.

History:

[40-1922, added 1985, ch. 253, sec. 2, p. 688.]
Idaho Code § 40-2108 — Idaho Code / Title 40 / Chapter 21 / Section 40-2108
40-2108 CORPORATE POWERS OF AN AUTHORITY.
Status: in_force

40-2108. Corporate powers of an authority. A regional public transportation authority has power:

(1) To sue and be sued;

(2) To raise and expend funds as provided in this chapter;

(3) To issue revenue bonds;

(4) To adopt and use an official seal;

(5) To purchase and hold lands, make contracts, purchase and hold personal property as may be necessary or convenient for the purposes of this act, and to sell and exchange real and personal property. The board shall first adopt a resolution finding that the property to be sold or exchanged is no longer needed by or useful to the district; that a public hearing is to be held, of which hearing notice shall be published in accordance with the provisions of section 40-206, Idaho Code.

History:

[40-2108, added 1994, ch. 327, sec. 1, p. 1055.]
Idaho Code § 40-1415 — Idaho Code / Title 40 / Chapter 14 / Section 40-1415
40-1415 RESPONSIBILITIES OF SINGLE COUNTYWIDE HIGHWAY DISTRICTS WITHIN CITIES — FINAL DECISION ON URBAN RENEWAL PROJECTS — SETTLEMENT OF QUESTIONS.
Status: in_force

40-1415. Responsibilities of single countywide highway districts within cities — Final decision on urban renewal projects — Settlement of questions. (1) Countywide highway districts organized under the provisions of this chapter, within the limits of any city, shall be responsible for the design, construction, reconstruction and maintenance of city rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls. Within city rights-of-way, design, construction, reconstruction and maintenance shall include:

(a) Traffic and safety engineering for both motorist and pedestrian traffic;

(b) Procurement and installation of highway lighting where it is primarily of benefit to the motorist. Energy costs and maintenance of lighting shall subsequently be a function of the city;

(c) Procurement, installation, operation and maintenance of traffic control devices where they are needed for traffic control; and

(d) Drainage where it is necessary for motorist safety or necessary for right-of-way maintenance.

(2) Acquisition and acceptance of rights-of-way shall be the responsibility of the countywide highway district.

(3) In matters of urban renewal projects, the city involved shall make the final decision concerning approval of the project based on the overall plan of the city. Prior to approval of an urban renewal project, the city shall submit the plan to the highway district for review and recommendations in accordance with subsection (1) of this section. The highway district shall submit its written recommendations with respect to the proposed urban renewal plan to the city within thirty (30) days after receipt of the plan for review. Upon receipt of the recommendations of the highway district, or if no recommendations are received within thirty (30) days, then the city may proceed without recommendations with the hearing on the proposed urban renewal project, and the highway district shall be responsible, as between the city and the highway district, for funding the district's responsibilities as provided by subsection (1) of this section. However, for the highway district to be responsible for the funding of the design and construction of the proposed urban renewal project, the city or the urban renewal agency, or both, and the highway district must enter into an agreement pursuant to section 50-2908(2)(a), Idaho Code. Agreements entered into by a city pursuant to an urban renewal project prior to dissolution of the city highway system and organization of the successor highway district shall be binding upon the countywide highway district.

(4) The highway district shall be responsible for planning and location of rights-of-way. In planning for and determining location of rights-of-way, the highway district shall submit to the appropriate planning agency the proposed location of the rights-of-way. In locating rights-of-way, the highway district shall take into consideration the comprehensive general plan of the appropriate county or city planning agency. In planning for the location of rights-of-way, the highway district shall comply with all appropriate provisions of chapter 65, title 67, Idaho Code.

(5) The city shall retain jurisdiction and responsibility for outstanding local improvement district bonds or warrants sold or issued by the city prior to dissolution of the city highway system and organization of the successor highway district.

(6) All subdivision plats required to be submitted for acceptance and approval to the city and the county under the provisions of chapter 13, title 50, Idaho Code, shall be submitted to the highway district for consideration for acceptance and approval as to continuity of highway pattern, widths, drainage provisions, right-of-way construction standards, traffic flow, the traffic volume demand occasioned by the proposed subdivision either within or without the boundaries of the proposed subdivision, and other matters pertaining to the function of the highway district.

(7) Within the limits of any city, the city may expend city funds for the placement, care and removal of trees, shrubs, grass, and other plants that are located within the rights-of-way of any highway of the countywide highway district.

(8) A city, after advising the board of highway district commissioners of its intent, shall be responsible for the placement, care and removal of any parking meters within the limits of any city and for the enforcement of ordinances regulating the use of parking meters that are located within the rights-of-way of any highway of the countywide highway district. The city shall be entitled to all of the revenues received from parking meters.

History:

[40-1415, added 1985, ch. 253, sec. 2, p. 662; am. 2021, ch. 273, sec. 1, p. 824.]
Idaho Code § 40-315 — Idaho Code / Title 40 / Chapter 3 / Section 40-315
40-315 POWERS AND DUTIES — FEDERALLY-FUNDED HIGHWAY PROJECT FINANCING.
Status: in_force

40-315. Powers and duties — Federally-funded highway project financing. (1) In order to address the increasing need for timely improvements to Idaho's highway transportation infrastructure, the board may:

(a) Enter into agreements with the Idaho housing and finance association in connection with the funding of highway transportation projects qualifying for reimbursement from federal funds.

(b) Approve and recommend federal highway transportation projects to the Idaho housing and finance association for financing by the association. Such federal highway transportation projects shall be eligible for federal-aid debt financing under chapter 1, title 23, United States Code, and approval by the federal highway administration as an advanced construction (AC) project thereunder. The board shall select and designate such transportation projects to be funded with bond proceeds from the following list of eligible projects:

ROUTE PROJECT DESCRIPTION US-95 SH-1 to Canadian border US-95 Garwood to Sagle US-95 Worley to Setters US-95 Thorn Creek to Moscow US 95 Smokey Boulder to Hazard Creek SH-16 Ext I-84 to South Emmett I-84 Caldwell to Meridian I-84 Orchard to Isaacs Canyon US-93 Twin Falls alternate route and new Snake River crossing SH-75 Timmerman to Ketchum US-20 St. Anthony to Ashton US-30 McCammon to Soda Springs

(c) On and after July 1, 2008, all allocations of GARVEE bond proceeds shall be the sole responsibility and duty of the Idaho transportation board. The legislature shall have authority to approve a total GARVEE bond amount on an annual basis. However, the Idaho transportation board is directed to allocate bond revenue only among the projects listed in subsection (1)(b) of this section. In making its funding allocation for projects, the board shall take into consideration: the cost of the project and whether or not that project could be financed without bonding; whether the project is necessary to facilitate the traffic flow on vital transportation corridors; and whether the project is necessary to improve safety for the traveling public. On and after July 1, 2008, the board shall use due care in selecting projects for bonding and shall balance and coordinate the use of bonding with the use of highway construction moneys.

Notwithstanding the provisions of subsection (1)(b) of this section wherein eligible projects are listed for selection and designation by the board, if any of the designated projects are deemed to be ineligible by the board, the board shall have the authority to replace those projects with other projects listed in subsection (1)(b) of this section.

(2) Prior to issuance by the Idaho housing and finance association of any bonds or notes to finance highway transportation projects, the board shall certify to the association that sufficient federal transportation funds are available to make any payments required for such bonds or notes.

(3) The board shall limit annual, total cumulative debt service and other bond-related expenses as follows:

(a) In the 2006 legislative session for the fiscal year 2007 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.

(b) In the 2007 legislative session for the fiscal year 2008 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.

(c) In the 2008 legislative session for the fiscal year 2009 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.

(d) In the 2009 legislative session for the fiscal year 2010 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.

(e) In the 2010 legislative session for the fiscal year 2011 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than thirty percent (30%) of annual federal-aid highway apportionments.

(f) Beginning with the 2011 legislative session for the fiscal year 2012 budget, or for any year thereafter, the thirty percent (30%) limit may be exceeded, but only by affirmative action of both the house of representatives and the senate, and with the approval of the governor.

(4) In the event the board selects and designates to be funded with bond proceeds any of the transportation projects listed in subsection (1) of this section, and prior to entering into agreements with the Idaho housing and finance association as provided herein, the Idaho transportation department, as part of its annual budget request prepared pursuant to section 67-3502, Idaho Code, shall include a request for bonding authority as a separate item of its budget request. This request for bonding authority shall include a list of planned highway transportation projects to be financed with such bond financing during the next succeeding fiscal year.

(5) By June 30 of each year, the board shall submit a report to the legislature concerning projects currently under construction using the bond financing as authorized by the provisions of this section, and shall include a list of planned highway transportation projects to be financed with such bond financing during the next succeeding fiscal year.

History:

[40-315, added 2005, ch. 378, sec. 3, p. 1218; am. 2007, ch. 363, sec. 13, p. 1095; am. 2017, ch. 322, sec. 7, p. 842.]
Idaho Code § 40-2316 — Idaho Code / Title 40 / Chapter 23 / Section 40-2316
40-2316 PRIVATE HIGHWAYS — ESTABLISHMENT.
Status: in_force

40-2316. Private highways — Establishment. Private highways may be opened for the convenience of one or more residents of any county highway system or highway district in the same manner as public highways are opened, whenever the appropriate commissioners may order the highway to be opened. The person for whose benefit the highway is required shall pay any damages awarded to landowners, and keep the private highway in repair.

History:

[40-2316, added 1985, ch. 253, sec. 2, p. 697.]
Idaho Code § 40-815 — Idaho Code / Title 40 / Chapter 8 / Section 40-815
40-815 ESTIMATE AND LEVY OF TAX — EXCEPTION.
Status: in_force

40-815. Estimate and levy of tax — Exception. The commissioners must each year, at the meeting at which they are required to levy the ad valorem tax for county purposes, estimate the probable amount of ad valorem tax for highway and bridge purposes which may be necessary for the ensuing year, and must regulate and fix the amount of ad valorem highway and bridge tax, and levy them. When all of the territory of a county is included in one or more highway districts the commissioners shall not regulate, fix or levy any tax for highway or bridge purposes.

History:

[40-815, added 1985, ch. 253, sec. 2, p. 633.]
Idaho Code § 40-1628 — Idaho Code / Title 40 / Chapter 16 / Section 40-1628
40-1628 CERTIFICATION BY COMMISSIONERS OF ORDER APPROVING ANNEXATION.
Status: in_force

ANNEXATION

40-1628. Certification by commissioners of order approving annexation. The commissioners shall file one (1) certified copy of the order for record in the office of the county recorder of the county in which the highway district is situated, and shall transmit a certified copy of the order to the commissioners of the highway district of which the area is annexed.

History:

[40-1628, added 1985, ch. 253, sec. 2, p. 673.]
Idaho Code § 40-1909 — Idaho Code / Title 40 / Chapter 19 / Section 40-1909
40-1909 IDENTIFICATION OF ADVERTISING STRUCTURES — PLACING STRUCTURE WITHOUT PERMIT PLATE — VIOLATION.
Status: in_force

40-1909. Identification of advertising structures — Placing structure without permit plate — Violation. (1) The department shall require that each outdoor advertising structure, sign or display shall bear an identification tag or plate to be issued by the department, and if erected or maintained by an outdoor advertising business that it shall also bear his name.

(2) No person shall place any advertising structure, sign or display unless there is securely fastened upon the front a permit plate of the character specified in subsection (1) above. Placing an advertising display without having affixed a permit plate is prima facie evidence that the advertising display has been placed and is being maintained in violation of this chapter, and any such display shall be subject to removal.

History:

[40-1909, added 1985, ch. 253, sec. 2, p. 685.]
Idaho Code § 40-401 — Idaho Code / Title 40 / Chapter 4 / Section 40-401
40-401 TURNPIKE PROJECTS.
Status: in_force

40-401. Turnpike projects. The board is empowered to construct, maintain, repair and operate turnpike projects at locations established by it, and shall be an instrumentality exercising public and essential governmental functions in the construction, operation and maintenance of turnpike projects.

History:

[40-401, added 1985, ch. 253, sec. 2, p. 606.]
Idaho Code § 40-513E — Idaho Code / Title 40 / Chapter 5 / Section 40-513E
40-513E DESIGNATION OF VIETNAM VETERANS MEMORIAL HIGHWAY.
Status: in_force

40-513E. designation of Vietnam veterans memorial highway. That portion of interstate highway I-84 located in Idaho is designated as the Vietnam veterans memorial highway. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the Vietnam veterans memorial highway 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:

[40-513E, added 2014, ch. 19, sec. 1, p. 26.]
Idaho Code § 40-1906 — Idaho Code / Title 40 / Chapter 19 / Section 40-1906
40-1906 PERMITS FOR PLACING ADVERTISING DISPLAY — APPLICATION.
Status: in_force

40-1906. Permits for placing advertising display — Application. (1) No person shall place any advertising display within the area affected by the provisions of this chapter in this state without first having secured a written permit from the department.

(2) A separate application for a permit shall be made for each separate outdoor advertising structure, sign or display on a form furnished by the department, which application shall contain information as the department may require. Each application shall be accompanied by the written consent of the owner or tenant of the real property upon which the structure, sign or display is to be erected or maintained, unless the consent shall have previously been filed with the department. An application shall be made for a permit to maintain an existing outdoor advertising structure, sign or display or to renew a permit.

History:

[40-1906, added 1985, ch. 253, sec. 2, p. 684.]
Idaho Code § 40-718 — Idaho Code / Title 40 / Chapter 7 / Section 40-718
40-718 GARVEE FUNDS ESTABLISHED — CAPITAL PROJECT FUND — DEBT SERVICE FUND.
Status: in_force

40-718. GARVEE funds established — Capital project fund — Debt service fund. (1) There is established in the state treasury a fund known as the "GARVEE Capital Project Fund" which shall include:

(a) Any draw by the board of proceeds from the transportation bonds or notes issued by the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code.

(b) Interest earned on the investment of idle moneys in the GARVEE capital project fund shall be paid to the GARVEE capital project fund.

Disbursements from this fund shall be made for projects in accordance with chapter 3, title 40, Idaho Code. All moneys in the fund are hereby continuously appropriated to the department.

(2) There is established in the state treasury a fund known as the "GARVEE Debt Service Fund" for the purpose of paying the principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code. The fund shall include:

(a) Amounts transferred from the state highway account upon certification by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes.

(b) Amounts distributed pursuant to section 63-2520(b)(4), Idaho Code. Provided that such moneys distributed to the GARVEE debt service fund pursuant to this paragraph shall be used in combination with the amounts provided for in paragraph (a) of this subsection and shall be used for payment of principal, interest and other amounts required for transportation bonds or notes.

(c) Interest earned on the investment of idle moneys in the GARVEE debt service fund shall be paid to the GARVEE debt service fund.

From moneys within this fund, there are hereby continuously appropriated such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, which amounts shall be paid over as directed by the association.

History:

[40-718, added 2005, ch. 378, sec. 6, p. 1221; am. 2014, ch. 115, sec. 1, p. 328; am. 2024, ch. 237, sec. 35, p. 847.]