Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.600 - LOCATION AND DESIGN STANDARDS FOR OTHER ENCROACHMENTS

Current through August 31, 2023
01.
Approved Permit Required
. An
			 approved right-of-way encroachment permit shall be required for all portable
			 objects or signs, memorials, urban improvements, landscaping, farming,
			 irrigation or drainage, mailbox stands or turnouts, recreational parking
			 facilities, park-and-ride lots, school bus turnouts, or structures within the
			 state highway right-of-way other than those authorized or installed by the
			 Department, or those which the government entity deems necessary for
			 regulating, warning, and guiding of traffic. (3-31-22)
02.
Benches, Planters, and Other Urban
			 Structures
. Structures, including protrusions and overhangs, shall be a
			 minimum of eighteen (18) inches behind the face of curb. When a structure is
			 within a sidewalk area, at least four (4) feet of unobstructed space shall be
			 available for pedestrians. (3-31-22)
03.
Overhanging Displays, Canopies and
			 Marquees
. In a curb section, encroachments shall not extend closer than
			 eighteen (18) inches behind face of curb. In a non-curb section, encroachments
			 supported by a building shall not extend more than twelve (12) inches into
			 right-of-way. Signs or displays shall be no lower than twelve (12) feet above
			 the sidewalk or ground level. Canopies and marquees shall be no lower than
			 eight (8) feet. (3-31-22)
04.
Landscaping, Farming and Associated Irrigation
. Repair of
			 landscaping in the state highway right-of-way shall be the responsibility of
			 the permittee, and the Department will not be responsible for, or participate
			 in, any repair or maintenance costs. All requests for landscaping, farming and
			 irrigation shall require a review of current access control records for
			 restrictive covenants. Applications may be approved provided the following
			 conditions are met: (3-31-22)
a. Landscaping,
			 farming, and irrigation systems shall maintain the structural integrity of the
			 state highway right-of-way. No undercutting of the present highway fill and
			 ballast section nor shall access to a state highway from unprotected bare soil
			 be allowed. (3-31-22)
b. Unless
			 otherwise specified, the degree of landscaping will be limited to what is
			 necessary to insure that the appearance of the state highway right-of-way is
			 compatible with the appearance of the surrounding area and shall not interfere
			 with public safety and overall maintenance operations. (3-31-22)
c. Landscaping, farming, and irrigation
			 systems shall not disturb, obstruct, or add to the normal drainage patterns of
			 the state highway right-of-way. No new ditches shall be constructed without
			 prior approval. (3-31-22)
d.
			 Landscaping, farming, and irrigation systems shall not interfere with utility
			 installations, removals, or operations. (3-31-22)
e. Provisions shall be established for the
			 responsibility of future maintenance. (3-31-22)
f. Only planting of forage plants, grasses,
			 flowers, and shrubs with a mature height not to exceed three (3) feet will be
			 allowed within the clear zone of the state highway right-of-way. Type and size
			 of grasses, flowers, and shrubs will be determined by the Department.
			 (3-31-22)
g. No trees shall be
			 allowed within the clear zone of the state highway right-of-way.
			 (3-31-22)
h. All work within the
			 highway right-of-way shall be required to return the right-of-way to either
			 original condition or to the requirements of the encroachment permit as
			 approved by the Department. (3-31-22)
i. Irrigation systems shall be no closer than
			 five (5) feet from the pavement edge and shall be adjusted so water does not
			 cover any portion of the highway pavement. (3-31-22)
j. No grading, excavation or other ground
			 disturbing activities will be performed during rainy periods. If work cannot be
			 avoided during rainy periods, the permittee will install check dams or other
			 approved device(s) or structure(s) in drainage channels and provide a sediment
			 retention basin to avoid discharging sediment containing runoff into the
			 drainage system, or any wetlands, or water bodies (streams, rivers, lakes and
			 ponds). No work shall be performed in or adjacent to any wetland or water body
			 without providing the Department with copies of the appropriate permits from
			 the Army Corps of Engineers, Idaho Department of Water Resources, and the Idaho
			 Division of Environmental Quality. (3-31-22)
k. All areas within the state highway
			 right-of-way disturbed by construction shall be returned to its original
			 condition and reclaimed (re-seeded, fertilized and mulched) as directed by the
			 Department or delegated local highway agency. (3-31-22)
l. Appropriate best management practices to
			 temporarily control erosion and resulting sediment shall be used. Typical soil
			 surface protection practices include erosion control blankets, tacified mulches
			 of straw, wood fiber, paper fiber, soil amendments, or rock mulch. Typical
			 sediment control practices may include silt fences, fiber wattles, rock check
			 dams, sediment basins/ponds, inlet culvert risers, and inlet rock filters. For
			 further information on best management practices, contact the Department.
			 (3-31-22)
m. Travel lanes shall be
			 kept reasonably free of dirt, rocks and other debris resulting from
			 construction or maintenance of landscaping, farming, or irrigation.
			 (3-31-22)