reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.010 - DEFINITIONS

Current through August 31, 2023
Unless otherwise required by context, as used in these rules: (3-18-22)
01.
Agreement
. The Certificate of Compliance-Fire Hazard Management Agreement (Department of Lands Form 715) required by Section  38-122, Idaho Code. (3-18-22)
02.
Contract Area
. The legal description of the land given on the agreement. (3-18-22)
03.
Contractor
. The person who enters into the Certificate of Compliance-Fire Hazard Management Agreement. (3-18-22)
04.
Department
. The Idaho Department of Lands. (3-18-22)
05.
Director
. The Director of the Idaho Department of Lands or his authorized representative. (3-18-22)
06.
District
. A designated forest protective district. (3-18-22)
07.
Fire Line
. A line dug to mineral soil which is intended to control a fire. (3-18-22)
08.
Fire Warden
. A duly appointed fire warden or deputy. (3-18-22)
09.
Fuel
. Any slash or woody debris that will contribute to the spread or intensity of a wildfire. (3-18-22)
10.
Fuel Break
. An area in which all slash and dead woody debris have been removed or piled and burned. (3-18-22)
11.
Hazard Reduction
. The burning or physical reduction of fire hazards by treatment in a manner that will reduce the intensity and/or spread of a wildfire after treatment is completed. (3-18-22)
12.
Initial Purchaser or Purchaser
. The first person, company, partnership, corporation or association of whatever nature who purchases a forest product after it is harvested. (3-18-22)
13.
Operational Period
. A standard twelve (12) hour fire control shift. (3-18-22)
14.
Slash or Slashing
. Brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter. However, for the purpose of these rules and to correspond with standard fire classifications, slash will only include material less than or equal to three (3) inches in diameter. (3-18-22)
15.
Slash Load
. Slash resulting from timber harvesting that has occurred under a current agreement, exclusive of natural mortality. (3-18-22)
16.
State
. The state of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.030 - CERTIFICATE OF COMPLIANCE-FIRE HAZARD MANAGEMENT AGREEMENT

Current through August 31, 2023
01.
Contents
. A Certificate of Compliance-Fire Hazard Management Agreement must be obtained by anyone who conducts an operation involving the harvesting of forest products or potential forest products. Such Agreement provides the option of entering into a contract as provided in Section  38-404, Idaho Code or posting of a cash or surety bond to the State. The Certificate of Compliance required by Section  38-122, Idaho Code, must be in substantially the same form as Department of Lands Form No. 715 -- "Certificate of Compliance-Fire Hazard Management Agreement." (3-18-22)
02.
Period of Time
. The period set forth within the Agreement is based upon such considerations as the size of the contract area, the volume of the timber to be harvested or the silvicultural objectives of the landowner. However, in no case may a single Agreement exceed a period of twenty four (24) months unless the contractor and the fire warden mutually agree upon a plan for the timely abatement of the hazard during a period that may exceed twenty four (24) months. (3-18-22)
03.
Extensions
. If the contractor cannot meet the standard required to obtain a clearance within the period specified above, the contractor may apply to the fire warden for an extension. The application must be in writing, received at the district office thirty (30) working days before the Agreement expires, and show good reason other than financial hardship, why an extension should be given. The fire warden will acknowledge receipt of the request prior to the expiration of the Agreement. (3-18-22)
04.
Responsibility
. The contractor named in the Agreement will be responsible for managing the fire hazard created by the harvesting and will receive the clearance if the slash treatment meets standards, or will carry the liability for suppressing wildfire for five (5) full years following the expiration of the Agreement. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.040 - ADDENDUM TO CERTIFICATE OF COMPLIANCE-FIRE HAZARD MANAGEMENT AGREEMENT

Current through August 31, 2023
In those instances where a contractor indicates an intent to accomplish only the piling portion of the total slash hazard reduction job, an addendum to the Agreement must be executed specifying precisely the portion of slash withholding money that will be refunded. The addendum must be in substantially the same form as Department of Lands Form No. 715.1 -- "Addendum to Certificate of Compliance-Fire Hazard Management Agreement." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.050 - BOND

Current through August 31, 2023
01.
Amount of Bond
. The bond specified in Section  38-122  and Section  38-404, Idaho Code, must be in the amount of four dollars ($4) per thousand board feet (MBF), or equivalent measure as shown in Table I below, of forest products harvested, and may take the form of cash, surety bond or irrevocable letter of credit. Surety bonds must be in substantially the same form as Department of Lands Form No. 707 - "Bond." (3-18-22)
02.
Rates
. Rates and amounts listed in Table I will be used as a minimum in calculating hazard reduction bonds for products cut from all state and private lands in Idaho.
TABLE I
PRODUCT
BOND RATE
(1) MBF Measurement All Products
$4.00 MBF
OR
(2) Other Measurement
Green pulp, stud timber, etc.
$2.00 Cord
Lineal Foot Measure
Utility poles and pilings, all species
$.014 LF
Stulls, corral poles, cellar timbers, fence rails, round posts
$.01 LF
Piece Measure
100 inch bolt material
$.08 ea.
Split posts
$.02 ea.
Tree stakes
$.02 ea.
Shake boards
$.02 ea.
Ton Measurement
Green or Dead Pulp, Chips, etc.
$.70 Ton
(3-18-22)
03.
Exceeding Minimum Bond
. The minimum bond rate will only be exceeded when the landowner or operator requests that higher rate to accomplish additional hazard reduction. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.060 - CONTRACTS WITH FOREST LANDOWNERS OR OPERATORS

Current through August 31, 2023
Forest landowners and operators who engage in timber harvesting operations may enter into an optional Agreement with the Director as provided in Section  38-404, Idaho Code. Under the terms of such an optional Agreement, the Director may assume all responsibility for the management and reduction of fire hazards to be created in return for a stipulated amount to be paid to the Director by the landowner or operator. Such optional Agreement must be in substantially the same form as Department of Lands Form No. 720 -- "Contract for Management, Reduction and/or Removal of Fire Hazards Created by the Harvesting of Timber Within the State of Idaho," or Department of Lands Form No 725 - "Contract for Management of Fire Hazards Created By the Harvesting of Timber Within the State of Idaho." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.070 - CASH BOND RELEASE

Current through August 31, 2023
Contractors who elect under Section  38-122, Idaho Code, to have hazard reduction money withheld, but who do not intend to dispose of the hazard themselves, must release the withheld monies to the Director of the Department of Lands. Such release must be in substantially the same form as Department of Lands Form No. 761 -- "Release of Cash Bond Withheld to Assure Slash Disposal." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.080 - ADDED PROTECTION IN LIEU OF HAZARD REDUCTION

Current through August 31, 2023
As provided in Section  38-401, Idaho Code, fire hazard management methods may include or be limited to the taking of additional protective measures in lieu of actual disposal of the slash hazard. Any funds coming into district hazard management accounts through contract, cash bond release or forfeiture, may be used for added protection provided that the expenditure meets specifications outlined in Section  38-401, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.090 - PURCHASER REQUIREMENTS

Current through August 31, 2023
01.
Initial Purchaser
. Initial purchasers of forest products, in accordance with Section  38-122, Idaho Code, must withhold and remit to the State slash management monies as appropriate for the slash management option chosen by the contractor. Such option must be clearly identified on the purchaser's copy of the Agreement. Slash monies withheld in any one (1) calendar month must be remitted to the Director on or before the end of the next calendar month. Such remittance must be in substantially the same form as Department of Lands Form No. 740 -"Hazard Reduction Payment Record." (3-18-22)
02.
Duty of Initial Purchaser
. Initial purchasers of forest products must make certain that all contractors from whom they purchase forest products have obtained a proper Agreement. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.100 - INJUNCTION AGAINST FURTHER CUTTING

Current through August 31, 2023
Any person who cuts timber or other forest products of any kind, without having first secured an Agreement in accordance with Section  38-122, Idaho Code, may be enjoined from continuing such cutting and will be required to immediately dispose of all slash created. If the person responsible fails to properly dispose of the slash within thirty (30) days after being notified to do so, the State may dispose of the slash and such costs of disposal, plus twenty percent (20%) as a penalty, may be collected as a prior lien against the products harvested. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.110 - BURNING OF SLASH

Current through August 31, 2023
01.
Permits
. Any burning operation conducted for the purpose of hazard reduction must be in accordance with the law requiring burning permits during the closed fire season. Persons conducting burning operations must have sufficient men, tools and equipment on hand to immediately stop the uncontrolled spread of any fire. Burning operations must be planned, prepared and executed in such a manner that forest resources are not damaged and air quality standards are met. (3-18-22)
02.
Burn Plan
. Burning of specifically designated blocks or areas of forest land for any purpose must be conducted in accordance with a prescribed burn plan approved by the fire warden in whose area of responsibility the burn occurs. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.130 - LIABILITY

Current through August 31, 2023
01.
State Liability
. With the exception of cases of negligence on the part of the landowner, operator or their agents, liability for the cost of suppressing fires that originate on or pass through a slashing area remains with the State if one of the following alternatives is executed by the contractor: (3-18-22)
a. The contract area is covered by a Certificate of Compliance-Fire Hazard Management Agreement and all hazard money payments are current or a proper bond is in place. (3-18-22)
b. The contractor treats the slash in accordance with the standards outlined in the Section  120, Table II within the time period specified on the Agreement or approved extensions. (3-18-22)
c. The landowner or operator elects to enter into a contract with the State for management of the slash and liability of fire suppression costs in accordance with Section  38-404, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.140 - CERTIFICATE OF CLEARANCE

Current through August 31, 2023
The Certificate of Clearance is the instrument used to certify that hazard reduction has been accomplished, a contract entered into with the Director to ensure hazard management, or an additional fee has been paid. Anyone who has been issued an Agreement for the cutting of any forest product or potential forest product and who has met standards outlined in Section  120, or has made payment for hazard reduction under a contract with the Director, as provided in Section  38-404, Idaho Code, or has paid an additional fee in accordance with Section  38-122, Idaho Code, must apply in writing to the Director for a Certificate of Clearance. Within thirty (30) days after receipt of such written request for a Certificate of Clearance, the Director will cause the area covered by the request to be inspected. If it is found that the fire hazard has been properly disposed of, the Director will issue a Certificate of Clearance. The Certificate of Clearance must be substantially the same form as Department of Lands Form No. 760 - "Certificate of Clearance." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.150 - FIRE SUPPRESSION AND FOREST PRACTICES ASSESSMENT

Current through August 31, 2023
01.
Withholding
. An amount of three percent (3%) of the slash management rate (twelve cents ($.12)/MBF) will be withheld from all slash management monies received and dedicated to suppression of wildfires on forest lands. For harvest from private land, an additional amount not to exceed three percent (3%) of the slash management rate (twelve cents ($.12)/MBF) can be withheld from slash management monies received and will be dedicated to Forest Practices support on forest lands. (3-18-22)
02.
Assessment Costs
. Fire suppression assessment costs on operations covered by surety bond or irrevocable letter of credit or other form of bond is paid at the rate specified in Subsection  150.01. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.160 - PRELOGGING CONFERENCE AND AGREEMENT

Current through August 31, 2023
Prelogging conferences and hazard reduction agreements are encouraged, however, the hazard reduction agreement will be canceled or modified if significant operational changes occur during the harvesting of forest products or potential forest products. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Section  38-1208  and Title 67, Chapter 52, Idaho Code, the Board has the power to adopt and amend rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.001 - SCOPE

Current through August 31, 2023
These rules govern the assessments, payment for logging and hauling, licensing standards and renewals, method of scaling forest products for commercial purposes, and check scaling operations. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference herein: (3-18-22)
01.
Idaho Log Scaling Manual, 2008 Edition.
Published by the Idaho Board of Scaling Practices and available on the Board's website at
http://www.ibsp.idaho.gov/
.(3-18-22)
02.
Idaho Cubic Log Scaling Manual, 2020 Edition
. Published by the Idaho Board of Scaling Practices and available on the Board's website at
http://www.ibsp.idaho.gov/
. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho Board of Scaling Practices. (3-18-22)
02.
Check Scaling
. The comparison of scaling practices between a Board-appointed check scaler and any other scaler. (3-18-22)
03.
Combination Log
. Any multiple-segment log involving more than one (1) product classification. (3-18-22)
04.
Cubic Volume
. A log rule that uses the Smalian formula as its basic unit of measure, determined on the basis of a mathematical formula, rounded to one tenth a cubic foot. The Smalian cubic foot volumes are listed in the "Idaho Cubic Log Scaling Manual" Appendix. (3-18-22)
05.
Decimal "C."
A log rule that uses tens of board feet as its basic unit of measure; one (1) decimal "C" equals ten (10) board feet. The Idaho Scribner decimal "C" volumes as listed in the Appendix of the "Idaho Log Scaling Manual" and the "Idaho Cubic Log Scaling Manual." (3-18-22)
06.
Gross Scale
. The log rule volume of timber products before deductions are made for defects. (3-18-22)
07.
Log Brands
. A unique symbol or mark placed on or in forest products to identify ownership. (3-18-22)
08.
Net Scale
. The remaining log rule volume of timber products after deductions are made for defects, based on product classification. (3-18-22)
09.
Product Classification
. Classification as sawlog, pulp log, or cedar products log for purposes of net scale determination or check scaling. (3-18-22)
10.
Purchaser
. The principal individual, partnership, or corporation entitled to ownership at the first determination of scale for forest products harvested in Idaho. (3-18-22)
11.
Requested Check Scale
. A check scale performed pursuant to Section  820  of these rules. (3-18-22)
12.
Relicense Check Scale
. A check scale requested and scheduled in advance, by a licensed scaler, for purposes of license renewal. (3-18-22)
13.
Routine Check Scale
. A check scale that is not a relicense, temporary permit, or requested check scale. (3-18-22)
14.
Temporary Permit Check Scale
. A check scale performed pursuant to Section  240  of these rules. (3-18-22)
15.
Written Scaling Specifications
. A written document provided to the scaler that states the information necessary to scale logs in accordance with a contractual scaling agreement. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.050 - ASSESSMENT

Current through August 31, 2023
In accordance with Section  38-1209, Idaho Code, the Board is authorized and directed to levy an assessment. (3-18-22)
01.
Purchaser
. The purchaser pays the assessment levied by the Board. (3-18-22)
02.
Assessment
. The assessment must be transmitted to the Board on or before the twentieth (20th) day of each month for all timber harvested during the previous month. Forms provided by the Board must be completed and submitted with the assessment. (3-18-22)
03.
Weight
. There is no assessment on forest products harvested and purchased solely on the basis of weight. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.100 - PAYMENT FOR LOGGING OR HAULING

Current through August 31, 2023
Provisions of Section  38-1220(b), Idaho Code, govern payment for logging or hauling. (3-18-22)
01.
Gross Scale Determination
. Gross scale is determined by the methodology stated in Chapter Two (2) of the "Idaho Log Scaling Manual" or the "Idaho Cubic Log Scaling manual." (3-18-22)
02.
Compliance with Gross Scale Determination
. Notwithstanding the methodology contained in the "Idaho Log Scaling Manual," or the "Idaho Cubic Log Scaling Manual," compliance is met when check scale results on gross scale comparisons are within allowable standards of variation as provided in these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.200 - LICENSES

Current through August 31, 2023
01.
Application Form
. Application for a scaling license is made on a form provided by the Board. (3-18-22)
02.
Revocation or Suspension for Incompetency
. If check scale results on three (3) occasions in any twelve (12) month period are unacceptable based on standards of variation established under Section  810, the scaler's license may be revoked or suspended as provided in Section  38-1218, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.220 - APPRENTICESHIP CERTIFICATE

Current through August 31, 2023
01.
Procedure to Obtain Certificate
. After submitting the application form, an apprentice candidate must take the written examination. Upon passing the written examination, the Apprenticeship Certificate will then be issued at no charge. (3-18-22)
02.
Regulations Governing Use of Certificate
. The apprentice may scale only under the direct supervision of a licensed scaler. The scale determined by the apprentice may not be used as the sole basis for payment. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.240 - TEMPORARY PERMIT

Current through August 31, 2023
01.
General
. Is issued for a period of time, not to exceed three (3) months, to individuals with previous scaling experience who need to scale for commercial purposes. (3-18-22)
02.
Procedure to Obtain
. Submit the application form; remit a twenty-five dollar ($25) fee; submit a letter from the employer requesting the temporary permit and identifying where the permittee would be scaling; take and pass the written portion of the scaler's examination; and demonstrate practical scaling abilities through an acceptable check scale. (3-18-22)
03.
Regulations Governing Use of Temporary Permit
. (3-18-22)
a. Permits expire at the next practical examination date or three (3) months from the date of issuance, whichever comes first. The scale determined by a temporary permittee may be used as a basis for payment. (3-18-22)
b. Should a temporary permittee fail to take the practical portion of the scaler's examination after being notified in writing of the time and place of said examination, the temporary permit will be canceled. (3-18-22)
c. Temporary permits will not be issued to anyone who has failed the practical examination two (2) or more times, until thirty (30) days following the individual's last exam failure. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.260 - SPECIALTY LICENSE

Current through August 31, 2023
01.
General
. Is issued where the applicant is not required to possess the exacting skills needed to scale sawlogs. (3-18-22)
02.
Procedure to Obtain
. Submit the application form, a twenty-five dollar ($25) fee, a letter from the employer describing the justification for issuance of a specialty license, and successfully complete the examination. (3-18-22)
03.
Regulations Governing Use of Specialty License
. The holder may scale only the products specified on the individual's license. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.280 - STANDARD LICENSE

Current through August 31, 2023
01.
General
. Is issued to individuals who demonstrate competency in scaling principles and techniques. (3-18-22)
02.
Procedure to Obtain
. Submit the application form, remit the required twenty-five dollar ($25) fee, and take and pass the examination as described under Section  300. (3-18-22)
03.
Regulations Governing Use of Standard License
. The holder is qualified to scale all species and products. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.300 - STANDARD LICENSE EXAMINATION

Current through August 31, 2023
To be taken by all persons applying for the standard license. (3-18-22)
01.
Written Examination
. (3-18-22)
a. Based upon Chapters 1, 2, and 3 of the "Idaho Log Scaling Manual." (3-18-22)
b. Any score of seventy percent (70%) or better is a passing grade. (3-18-22)
c. The written test must be taken and passed before the practical examination is attempted. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.400 - RENEWAL OF STANDARD AND SPECIALTY LICENSES

Current through August 31, 2023
For scalers who hold "Standard" and "Specialty" licenses, the renewal process is as follows. (3-18-22)
01.
To Renew a License by the Expiration Date
. Receive an acceptable check scale performed by a Board check scaler and pay renewal fee of twenty-five dollars ($25). (3-18-22)
02.
To Renew a License Within Two Years After The Expiration Date
: (3-18-22)
a. Receive an acceptable check scale performed by a Board check scaler. If the check scale is unacceptable, the individual must reapply for the standard license. (3-18-22)
b. Pay renewal fee of twenty-five dollars ($25). (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.500 - METHOD OF SCALING FOREST PRODUCTS FOR COMMERCIAL PURPOSES

Current through August 31, 2023
01.
Scribner Decimal "C"
. Log scaling by the Scribner decimal "C" method must be made according to scaling practices and procedures described in the "Idaho Log Scaling Manual" or the "Idaho Cubic Log Scaling Manual" and Sections  501  through  504  of these rules. (3-18-22)
02.
Cubic Volume
. Log scaling by a cubic volume method must be made according to scaling practices and procedures described in the "Idaho Cubic Log Scaling Manual" and Sections  501  through  504  of these rules. (3-18-22)
03.
Other Scaling Methods
. Log scaling by any method other than Scribner decimal "C" or cubic volume will be considered and determined by the Board upon written request. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.501 - GROSS VOLUME CONVERSIONS

Current through August 31, 2023
01.
Conversion to Gross Decimal "C" or Gross Cubic Volume
. Gross volume measurement determined in a manner other than decimal "C" or cubic volume will be converted to an equivalent decimal "C" or cubic volume gross scale. (3-18-22)
02.
Conversion Factors
. Measurement procedures and converting factors described in the Special Situations Measurement section, Chapter Two (2) of the "Idaho Log Scaling Manual," may be used to express decimal "C" board foot equivalents. (3-18-22)
03.
Other Conversion Factors
. Measurement procedures and converting factors not listed in the "Idaho Log Scaling Manual" will be considered and determined by the Board upon written request. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.502 - GENERAL SCALING REQUIREMENTS

Current through August 31, 2023
01.
Written Scaling Specifications
. At any scaling site, licensed scalers will be provided with a written document that states the information necessary to scale logs in accordance with a contractual scaling agreement. (3-18-22)
02.
Recording Measurements on Scale Tickets
. For each log scaled, scalers must record a combination of data from which both gross and net volume can be derived. This data includes scaling length and scaling diameter(s). (3-18-22)
03.
Load Identification
. Scalers must ensure that all loads are readily identifiable upon completion of scaling. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.503 - GROSS SCALE DETERMINATION

Current through August 31, 2023
Contractual scaling agreements regarding gross scale determination may not establish any scaling requirement that differs from those stated in the "Idaho Log Scaling Manual" or the "Idaho Cubic Log Scaling Manual" except for a minimum top diameter that may be smaller than five and fifty-one hundredths inches (5.51") actual measure. Licensed scalers will be provided with written scaling specifications that denote any minimum top diameter that is smaller than five and fifty-one hundredths inches (5.51") actual measure. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.504 - NET DECIMAL "C" SCALE DETERMINATION

Current through August 31, 2023
Contractual scaling agreements regarding net scale determination may establish scaling requirements that differ from those stated in the "Idaho Log Scaling Manual" or the "Idaho Cubic Log Scaling Manual." Licensed scalers will be provided with written scaling specifications that clearly describe any changes in net scale scaling practices. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.800 - CHECK SCALING PROCEDURES

Current through August 31, 2023
01.
Valid Check Scale
. (3-18-22)
a. Check scaling requires a minimum of fifty (50) logs containing a decimal "C" gross scale of at least ten thousand (10,000) board feet. When other methods of measurement are used, the check scaler will investigate the situation and determine the most logical method of check scaling. (3-18-22)
b. Check scaling will be performed without scaler's knowledge, when possible. (3-18-22)
c. Check scales are performed only on logs that are in the same position as presented to the scaler. (3-18-22)
d. Check scales will not be performed if the logs are not spread adequately enough, in the check scaler's discretion, to allow for accurate scaling. If these conditions arise, the check scaler must provide a written report describing the conditions and surrounding circumstances. The Board will make a decision as to the disposition of these conditions and direct the check scaler accordingly. (3-18-22)
e. The check scaler must use the written scaling specifications that have been provided to the scaler. In the absence or omission of written scaling specifications, logs will be check scaled according to scaling methodology stated within the "Idaho Log Scaling Manual" or the "Idaho Cubic Log Scaling Manual." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.810 - CHECK SCALING STANDARDS OF VARIATION

Current through August 31, 2023
01.
Allowable Limits of Variation
. To determine a check scale as acceptable or unacceptable for Board consideration, and when the method of measurement is the Coconino Scribner decimal C log rule, a scaler must be within allowable limits of variation in the following categories:
CATEGORY
ALLOWABLE VARIATION
Gross Volume
For logs in round form
+/- 2.0 percent
Net Volume
For logs in fractional or slab form
+/- 5.0 percent
Sawlogs
Check scale percent of defect on logs checked
Up to 10
+/- 2.0 percent
10.1 to 15
+/- 3.0 percent
15.1 to 20
+/- 0.2 percent for each percent of defect
Over 20
+/- 5.0 percent
Pulp Logs
+/- 5.0 percent
Cedar Product Logs
+/- 8.0 percent
Species Identification Errors
3.0 percent
Product Classification Errors
3.0 percent
(3-18-22)
02.
Combination Logs
. For purposes of determining product classification errors, combination logs are counted as one-half (1/2), one-third (1/3), one-fourth (1/4) -- depending on the number of scaling segments -- to arrive at a piece or log count variation. Combination logs will be considered only when provided for in a contractual scaling agreement or written scaling specifications. (3-18-22)
03.
Check Scales Involving Multiple Variations
. Some check scales will involve more than one (1) parameter of variation. The overall allowable limit of variation to determine acceptability or unacceptability of the total gross or net scales is determined by the following formula:
OAV =
Click here to view
							 image
OAV =
overall allowable percentage variation
A =
allowable percentage variation for gross/net sawlog scale
B =
allowable percentage variation for gross/net pulp log scale
C =
allowable percentage variation for gross/net cedar products scale
D =
check scaler's gross/net sawlog scale
E =
check scaler's gross/net pulp log scale
F =
check scaler's gross/net cedar products log scale
(3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.820 - REQUESTED CHECK SCALE

Current through August 31, 2023
A check scale may be performed upon request of any individual, company, or corporation. (3-18-22)
01.
Submission of Request
. (3-18-22)
a. The request must be in writing and approved by the Board's executive director. (3-18-22)
b. The request must be made by a party directly affected and involve disputes on scaling. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.830 - CHECK SCALE REPORT

Current through August 31, 2023
01.
Check Scale Results
. The check scaler will make a report of his findings to the Board. (3-18-22)
02.
Persons Entitled to a Copy of the Check Scale Report
. (3-18-22)
a. Persons directly affected and entitled to a copy of the check scale report on temporary permits and relicensure check scales are the scaler and the scaler's employer(s). (3-18-22)
b. Persons directly affected and entitled to a copy of the check scale report on routine and requested check scales include the scaler, the scaler's employer(s), the scaler's supervisor(s), the logging contractor(s), or other persons directly affected by the check scale report as determined by the Board's executive director. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.06.01 - RULES OF THE IDAHO BOARD OF SCALING PRACTICES › Section 20.06.01.920 - COMPLAINTS

Current through August 31, 2023
01.
Submittal of Complaint
. Is submitted in writing in the name of the primary complainant. (3-18-22)
02.
Contents of Complaint
. Must state: (3-18-22)
a. The name and address of the person or entity actually aggrieved; (3-18-22)
b. A short and plain statement of the nature of the complaint, including the location and date of the alleged violation; (3-18-22)
c. The complainant's notarized signature; (3-18-22)
d. The complainant must submit written or documentary evidence in support of the alleged violation; and (3-18-22)
e. In the case of a gross scale complaint, which alleges violations of Section  38-1220(b), Idaho Code, the complainant must also provide a readable copy of the contract, payment slips, and scale tickets for each transaction involved in the alleged complaint. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authorities of Title 47, Chapter 3, Idaho Code; and Title 67, Chapter 52, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.07.02, "Rules Governing Conservation of Oil and Natural Gas in the State of Idaho." (3-18-22)
02.
Scope
. These rules apply to the exploration and extraction of any and all crude oil and natural gas resources in the state of Idaho, not including biogas, manufactured gas, or landfill gas, regardless of ownership. (3-18-22)
03.
Other Laws
. Owners or operators engaged in the exploration and extraction of crude oil and natural gas resources will comply with all applicable laws and rules of the state of Idaho including, but not limited to the following: (3-18-22)
a. Idaho water quality standards and waste water treatment requirements established in Title 39, Chapter 1, Idaho Code; IDAPA 58.01.02, "Water Quality Standards"; IDAPA 58.01.16, "Wastewater Rules"; and IDAPA 58.01.11, "Ground Water Quality Rule," administered by the IDEQ. (3-18-22)
b. Idaho air quality standards established in Title 39, Chapter 1, Idaho Code and IDAPA 58.01.01 "Rules for the Control of Air Pollution in Idaho," administered by the IDEQ. (3-18-22)
c. Requirements and procedures for hazardous and solid waste management, as established in Title 39, Chapter 44, Idaho Code, and rules promulgated thereunder including IDAPA 58.01.05, "Rules and Standards for Hazardous Waste"; IDAPA 58.01.06, "Solid Waste Management Rules"; and IDAPA 58.01.10, "Rules Regulating the Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act of 1954, As Amended," administered by the IDEQ. (3-18-22)
d. Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and rules promulgated thereunder including IDAPA 37.03.07, "Stream Channel Alteration Rules," administered by the IDWR. (3-18-22)
e. Injection Well Act, Title 42, Chapter 39, Idaho Code and rules promulgated thereunder including IDAPA 37.03.03, "Rules and Minimum Standards for the Construction and Use of Injection Wells," administered by the IDWR. (3-18-22)
f. Department of Water Resources - Water Resource Board Act, Title 42, Chapter 17, Idaho Code and rules promulgated thereunder including IDAPA 37.03.06, "Safety of Dams Rules," administered by the IDWR. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Any person aggrieved by any final decision or order of the Commission shall be entitled to judicial review pursuant to the provisions of Title 67, Chapter 52, Idaho Code, Title 47, Chapter 3, Idaho Code, and IDAPA 20.07.01, "Rules of Practice and Procedure before the Idaho Oil and Gas Conservation Commission." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.003 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into these rules: (3-18-22)
01.
API Bulletin E3, Well Abandonment and Inactive Well Practices for U.S. Exploration and Production Operations, Environmental Guidance Document
. 1st Edition, January 1993 and Reaffirmed June 2000 available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
02.
API SPEC 5CT, Specifications for Casing and Tubing
. The 8th edition dated July, 1, 2005 and the amendments dated March, 31, 2006 and April, 7, 2006 are available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
03.
API SPEC 10a, Specification for Cements and Materials for Well Cementing
. The 24th Edition dated December, 2010 is available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
04.
ASTM D698-07e1, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3))
. 2007 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
05.
ASTM D1250-08, Standard Guide for Use of the Petroleum Measurement Tables
. 2008 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
06.
ASTM D1557-09, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3))
. 2009 revision. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103. (3-18-22)
07.
EPA SW-846 Method 9090A, Compatibility Test for Wastes and Membrane Liners
. Revision 1, July 1992. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103 and this website:
http://www.epa.gov/osw/hazard/testmethods/sw846/pdfs/9090a.pdf
. (3-18-22)
08.
OSHA Standard 1910.1200 (Hazard Communication)
. Last revised 1996. Available at the office of the Idaho Department of Lands at 300 North 6th Street, Suite 103 and this website:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=10099
. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.011 - ABBREVIATIONS

Current through August 31, 2023
01.
API
. American Petroleum Institute. (3-18-22)
02.
ASTM
. American Society for Testing and Materials. (3-18-22)
03.
BBL
. Oilfield Barrel. (3-18-22)
04.
BOP
. Blowout Preventer. (3-18-22)
05.
CAS
. Chemical Abstracts Service. (3-18-22)
06.
EPA
. United States Environmental Protection Agency. (3-18-22)
07.
F
. Fahrenheit. (3-18-22)
08.
GPS
. Global Positioning System. (3-18-22)
09.
HDPE
. High Density Polyethylene. (3-18-22)
10.
IDAPA
. Idaho Administrative Procedure Act. (3-18-22)
11.
IDEQ
. Idaho Department of Environmental Quality. (3-18-22)
12.
IDWR
. Idaho Department of Water Resources. (3-18-22)
13.
MCF
. One thousand cubic foot. (3-18-22)
14.
MSDS
. Material Safety Data Sheet. (3-18-22)
15.
OSHA
. Occupational Safety & Health Administration. (3-18-22)
16.
PSI
. Pounds per Square Inch. (3-18-22)
17.
PVC
. Polyvinyl Chloride. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.015 - PROTECTION OF CORRELATIVE RIGHTS

Current through August 31, 2023
The Commission and the Department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in such person's tract(s) or the equivalent thereof, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.020 - APPLICABILITY

Current through August 31, 2023
01.
Oil and Gas Development
. These rules apply to oil and gas development and carry out the Commission's duty to prevent waste, protect correlative rights, and prevent pollution of fresh water supplies through activities authorized by these rules. (3-18-22)
02.
Exclusions
. These rules do not apply to the exploration and development of other mineral resources covered by Title 47, Chapter 13, Idaho Code; Title 47, Chapter 15, Idaho Code; or Title 42, Chapter 40, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.021 - CLASS II INJECTION WELLS

Current through August 31, 2023
Class II injection wells, as described in IDAPA 37.03.03, "Rules and Minimum Standards for the Construction and Use of Injection Wells," are currently not authorized under this rule. Permits for Class II injection wells must be obtained through IDAPA 37.03.03. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.030 - NOTICES - GENERAL

Current through August 31, 2023
01.
Written Authorization Required
. Any written notice of intention to do work or to change plans previously approved must be filed with the Department, unless otherwise directed, and must be approved before the work is begun. Such approval may be given orally and, if so given, shall thereafter be confirmed by the Department in writing. Written notices may be submitted to the Department by e-mail or facsimile. (3-18-22)
02.
Emergency Authorization
. In case of emergency, or a situation where operations might be unduly delayed, any written notice required by these rules and regulations to be given the Department may be given orally or by wire and if approval is obtained, the transaction shall be confirmed in writing, as a matter of record. (3-18-22)
03.
Publication of Legal Notices
. Whenever these rules require a legal notice to be published in a newspaper, the notice must be published once a week for two (2) consecutive weeks. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.031 - FORMS

Current through August 31, 2023
The Department will adopt such forms of notices, requests, permits, and reports as it may deem advisable or necessary in carrying out the provisions of law and its rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.07.02 - RULES GOVERNING CONSERVATION OF OIL AND NATURAL GAS IN THE STATE OF IDAHO › Subchapter A - GENERAL PROVISIONS › Section 20.07.02.032 - ORGANIZATION REPORTS

Current through August 31, 2023
01.
Required Content
. Before any person engages in any activity covered by the statutes and rules of the Commission, that person must file an organization report with the Department. The organization report must include the following information: (3-18-22)
a. The person's name and the type of the business being operated or conducted; (3-18-22)
b. The mailing address to which all correspondence from the Department is to be sent; (3-18-22)
c. The telephone number(s), facsimile number(s), and e-mail address(es) for which contact by the Department may be made; (3-18-22)
d. The names of persons authorized to submit required forms, reports, and other documents to the Department; and (3-18-22)
e. If a legal entity, proof the person is authorized to transact business within the state. (3-18-22)