reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.100 - GENERAL

Current through August 31, 2023
01.
Visible Informative Content
.
			 This rule applies only to advertising displays whose informative content is
			 visible from the main traveled way of interstate or primary highways.
			 (3-31-22)
02.
Responsibilities
. Both the owner of a sign and the landowner upon
			 whose property the sign is located will be held responsible for violations of
			 this rule. (3-31-22)
03.
Nonconforming Signs
. Signs which stand without advertising copy,
			 obsolete advertising matter, or continued need for repairs beyond customary
			 maintenance constitute discontinuance and abandonment after a period of six (6)
			 months and will be subject to removal. (3-31-22)
04.
Signs Visible from the Main
			 Travel-Way
. Signs beyond six hundred and sixty (660) feet from the
			 right-of-way will be considered to have been erected with the purpose of their
			 message being read from the main traveled way when: (3-31-22)
a. The sign angle and size is such that the
			 message content is readily visible from the main traveled way; or
			 (3-31-22)
b. The exposure time is
			 long enough at the maximum speed limit for the sign message to be readable and
			 comprehensible. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.110 - EXEMPTIONS AUTHORIZED BY SECTION 40-1904, IDAHO CODE

Current through August 31, 2023
01.
Signs Erected by Public Officers or
			 Agencies
. Directional and other official signs and notices erected by
			 public officers or agencies will be issued permits at no cost to the owners, as
			 described more fully elsewhere in this rule. (3-31-22)
02.
Advertising Sale or Lease of
			 Property
. Signs advertising the sale or lease of property upon which
			 they are located. These signs shall not advertise any products, services, or
			 anything unrelated to the selling or leasing of the property.
			 (3-31-22)
03.
On-Premise
			 Signs
. Signs (on-premise) advertising activities conducted on the
			 property upon which they are located are allowed, subject to the following: Not
			 more than one (1) such sign, visible to traffic proceeding in any one (1)
			 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
			 advertised activity. The criteria for determining the limits of the area of the
			 advertised activity from which the fifty (50) feet measurement can be taken are
			 as follows: (3-31-22)
a. When the advertised
			 activity is a business, commercial, or industrial land use, the distance shall
			 be measured from the regularly used buildings, parking lots, storage, or
			 processing areas, or other structures which are essential and customary to the
			 conduct of the business and within its limits of the real property. It is not
			 be measured from driveways, fences, or similar facilities. (3-31-22)
b. When the advertised activity is a
			 noncommercial or nonindustrial land use such as a residence, farm, or orchard,
			 the distance is measured from the major structures on the property.
			 (3-31-22)
c. In no event will a
			 sign site be considered part of the premises on which the advertised activity
			 is conducted if it is located upon a narrow strip of land which is nonbuildable
			 land, such as, but not limited to, swampland, marshland, or other wetland, or
			 which is a common or private roadway, or held by easement or other lesser
			 interest than the premises where the advertised activity is located.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.120 - DISPLAYS LOCATED WITHIN ZONED OR UNZONED INDUSTRIAL, BUSINESS OR COMMERCIAL AREAS

Current through August 31, 2023
01.
Size of
			 Signs
. Within zoned and unzoned commercial, business, or industrial
			 areas, and pursuant to the directive of Section
			 40-312, Idaho Code, the face of an
			 advertising display shall not exceed the following size limits: (3-31-22)
a. Maximum area - one thousand (1000) square
			 feet; (3-31-22)
b. Maximum height -
			 thirty (30) feet; (3-31-22)
c.
			 Maximum length - fifty (50) feet. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.130 - LICENSES

Current through August 31, 2023
Pursuant to Sections
				40-1905,
				40-1906 and
				40-1907, Idaho Code, no person
				will be allowed to engage in the business of outdoor advertising without first
				having secured an outdoor advertising license and paid the required license
				fee. Licenses must be renewed annually; the Department cannot renew licenses
				for a period longer than one (1) year at a time. License application forms may
				be secured at the Idaho Transportation Department District Offices, as listed
				in Section 005 of this rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.140 - OUTDOOR ADVERTISING PERMITS

Current through August 31, 2023
No person may place any advertising display within the areas
				affected by the provisions of Section
				40-1907, Idaho Code, without first
				having secured a written permit from the Department. (3-31-22)
01.
Application Forms
. Permit
			 application forms may be secured at the Idaho Transportation Department
			 District Offices. (3-31-22)
02.
Expiration of Annual Permits
. Annual permits will expire December
			 31 each year, but a multiyear permit may be issued as a convenience to the
			 outdoor advertiser. An original annual permit fee of ten dollars ($10) shall
			 accompany each original permit application. An annual renewal fee of three
			 dollars ($3) will be assessed for each permit, and the Department will mail a
			 bill to each sign owner annually. Payment for the renewal of a permit must be
			 received at least thirty (30) days prior to the expiration date. Permit fees
			 will not be prorated for a fraction of a year. (3-31-22)
03.
Modified Advertising
			 Structures
. Whenever an advertising structure is relocated or undergoes
			 substantial replacement beyond customary maintenance, the modified structure
			 will be considered to be a new sign. Therefore, pursuant to Section
			 40-1906, Idaho Code, an
			 application for a new display must be submitted before such reconstruction is
			 begun. A permit fee of ten dollars ($10) must accompany the application.
			 Conversion of a sign face to a multiple message sign face will be considered
			 substantial replacement beyond customary maintenance and considered a new sign.
			 (3-31-22)
a. Nonconforming signs which are
			 allowed to be maintained until the State requires their removal cannot be
			 modified so as to increase the reproduction cost. They must remain
			 substantially the same as they were on the effective date of the state law and
			 any subsequent amendments. (3-31-22)
b. The categories of nonconforming signs
			 which may be maintained until they are removed, and nonconforming signs which
			 have been "grandfathered". in commercial and industrial areas cannot include
			 new signs erected in their place or any changes to the existing sign which
			 would be beyond customary maintenance. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.150 - BONDS OF OUT-OF-STATE PERMITTEES AND LICENSEES

Current through August 31, 2023
As authorized by Section
				40-1908, Idaho Code, a bond in the
				penal sum of one thousand dollars ($1000) shall be paid by all non-resident or
				foreign corporation permittees and licensees. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.200 - GENERAL: TRAFFIC ACCIDENT MEMORIALS

Current through August 31, 2023
In accordance with Section
				49-1316, Idaho Code, relatives or
				friends of a person killed in a traffic accident upon a state highway may apply
				for a permit to erect a memorial in memory of the decedent. Only one (1)
				memorial may be placed per fatal accident. Memorials placed before January 1,
				2003 may be retained if they meet all of the requirements of Section
				202 and Subsections
				215.01 thorough 215.03, of this
				rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.201 - TRAFFIC ACCIDENT MEMORIAL PERMIT

Current through August 31, 2023
After January 1, 2003, relatives or friends of a person killed
				in a traffic accident upon a state highway may obtain an approved encroachment
				permit from the Department prior to installing, maintaining or removing a
				memorial within the state highway right-of-way. As a condition of permit
				approval, the individual(s) wishing to install a memorial needs to provide the
				Department with the following: (3-31-22)
01.
Written Approval from the Next of
			 Kin
. Written approval from the decedent's next of kin, who are related
			 by blood, marriage or adoption; and (3-31-22)
02.
Written Approval from the Property
			 Owner
. Written approval from all property owners whose property is
			 within a five hundred foot (500') radius of the proposed memorial location.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.202 - PHYSICAL REQUIREMENTS

Current through August 31, 2023
The maximum dimensions of a memorial shall be thirty-six (36)
				inches high, sixteen (16) inches wide and shall weigh no more than seven (7)
				pounds. The height requirement is measured from the ground level to the highest
				point on the memorial, the width shall be measured horizontally at the
				memorial's widest point and the weight is based on the portion above the
				ground. (3-31-22)
01.
Shape and
			 Color
. Memorials shall not be shaped or colored to portray, resemble or
			 conflict with any traffic control device. The memorial shall not be
			 reflectorized. (3-31-22)
02.
Memorial Site
. Planting or landscaping at a memorial is not allowed.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.215 - LOCATION

Current through August 31, 2023
Memorials must be erected as near as practical to the milepost
				location where the accident occurred. The person installing the memorial is
				responsible for contacting a utility locating service to identify the location
				of any utilities in the area prior to placement of the memorial. See
				call-before-you-dig requirements in Sections
				55-2201 through
				55-2210 of Idaho Code. The
				applicant is required to meet on site with the Department highway maintenance
				supervisor assigned to the area where a memorial is to be erected to review the
				proposed installation. The Department highway maintenance supervisor will be
				responsible for final approval of the memorial location. (3-31-22)
01.
Shoulder
. Memorials shall be
			 placed as far as practical from the edge of roadway, but must be placed a
			 minimum of twenty (20) feet from the roadway shoulder where highway
			 right-of-way width permits. (3-31-22)
02.
Medians
. Placement of an
			 accident memorial in the median of any interstate or non-interstate highway is
			 prohibited. (3-31-22)
03.
Incorporated Cities
. Memorials are not allowed within the boundaries of
			 incorporated cities. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.220 - SAFETY

Current through August 31, 2023
01.
Parking
. Those participating
			 in the installation, maintenance, or removal of the memorial shall park their
			 vehicle(s) as far as practical from the travel lanes and in an area where there
			 is adequate sight distance on the highway in both directions.
			 (3-31-22)
02.
Participants
			 and Motorists
. Those participating in the installation, maintenance, or
			 removal of a memorial must wear proper safety attire and obey all safety
			 procedures approved by the Department at the time of permit issuance. A high
			 degree of safety must be maintained for the traveling public and the
			 participants during the installation, maintenance, or removal of a memorial.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.240 - MAINTENANCE

Current through August 31, 2023
The Department is not responsible for maintenance, vandalism,
				damage, or theft of a memorial. The permittee is responsible for maintenance of
				the memorial. All memorials need to be maintained in good condition at all
				times and in a manner that complies with this rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.241 - COMPLIANCE

Current through August 31, 2023
01.
Improper Installation
.
			 Memorials not installed in compliance with this rule are subject to removal by
			 the Department. (3-31-22)
02.
Maintenance
. Memorials not maintained in good condition are
			 subject to removal by the Department. (3-31-22)
03.
Traffic Hazard
. Memorials
			 that have been installed or maintained in such a manner that either the
			 memorial or the participants create a traffic hazard are subject to removal by
			 the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.300 - GENERAL: STANDARDS FOR COMMUNITY OFFICIAL SIGNS

Current through August 31, 2023
01.
Direction of Sign
. Only one (1) community sign may face the same
			 direction of travel along a single route approaching the community.
			 (3-31-22)
02.
Location of
			 Sign
. A community sign may not be located within two thousand (2,000)
			 feet of an interchange, along the interstate system or other freeways (measured
			 along the interstate or freeway from the nearest point of the beginning or
			 ending of pavement widening at the exit from or entrance to the main traveled
			 way) or located within one thousand (1,000) feet of an intersection of a
			 primary route with another designated federal-aid route. Community signs may
			 not be located within two thousand (2,000) feet of a rest area, park land or
			 scenic area. (3-31-22)
03.
Size of Sign
. Community signs shall not exceed the following limits:
			 (3-31-22)
a. Maximum area -- Three hundred
			 (300) square feet. (3-31-22)
b.
			 Maximum height -- Thirty (30) feet. (3-31-22)
c. Maximum length -- Thirty (30) feet.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.301 - STANDARDS FOR DIRECTIONAL SIGNS

Current through August 31, 2023
01.
Prohibited Directional Signs
. The following directional signs are
			 prohibited: (3-31-22)
a. Signs advertising
			 activities that are illegal under federal or state laws or regulations in
			 effect at the location of those signs or at the location of those activities.
			 (3-31-22)
b. Signs located in such
			 a manner as to obscure or otherwise interfere with the effectiveness of an
			 official traffic sign, signal, or device, or obstruct or interfere with the
			 driver's view of approaching, merging, or intersecting traffic.
			 (3-31-22)
c. Signs which are
			 erected or maintained upon trees or painted or drawn upon rocks or other
			 natural features. (3-31-22)
d.
			 Signs which are structurally unsafe or in disrepair. (3-31-22)
e. Signs which move or have any animated or
			 moving parts. (3-31-22)
f. Signs
			 located in rest areas, parklands, or scenic areas. (3-31-22)
g. Signs that advertise or call attention to
			 an activity or attraction no longer in existence and/or abandoned or obsolete
			 signs. (3-31-22)
h. Signs not
			 maintained in a neat, clean, and attractive condition or in good repair.
			 (3-31-22)
i. Signs not designed to
			 withstand a wind pressure of thirty (30) pounds per square foot of exposed
			 surface. (3-31-22)
j. A sign
			 installation that has not been issued an annual permit.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.320 - LIGHTING, SIGNS MAY BE ILLUMINATED, SUBJECT TO THE FOLLOWING

Current through August 31, 2023
01.
Flashing or Moving Lights
.
			 Signs which contain, include, or are illuminated by any flashing, intermittent,
			 or moving light or lights are prohibited. (3-31-22)
02.
Lights Which Impair Driver
			 Vision
. Signs which are not effectively shielded so as to prevent beams
			 or rays of light from being directed toward any portion of the traveled way of
			 a highway or which are of such intensity or brilliance as to cause glare or to
			 impair the vision of the driver of any motor vehicle, or which otherwise
			 interfere with any driver's operation of a motor vehicle are prohibited.
			 (3-31-22)
03.
Interference
			 With Traffic Sign, Device, or Signal
. A sign may not be so illuminated
			 as to interfere with the effectiveness of, or obscure an official traffic sign,
			 device, or signal. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.340 - ADMINISTRATION

Current through August 31, 2023
01.
Selection Methods and
			 Criteria
. (3-31-22)
a. Application for
			 permits to erect and maintain directional and official signs under this
			 regulation shall be filed with the Idaho Transportation Department, Division of
			 Highways. (3-31-22)
b. The approval
			 of applications of directional signs is to be based on the following criteria:
			 Nationally or regionally known activity of outstanding interest to the
			 traveling public; location of activity relative to highway and proposed signing
			 plan; dominant attraction must be for edification and enjoyment of motorist,
			 not tourist-oriented business or for generation of activity income; and
			 Attraction or Activity shall have drinking water and toilet facilities meeting
			 the Idaho Department of Health and Welfare standards. (3-31-22)
c. The applicant of directional signs will
			 furnish to the department the following data: Proposed sign plans including
			 sign details, color, construction, shape, legend, lighting and location; letter
			 of property owner approval of directional sign installation; department of
			 Health and Welfare certification that water and toilet facilities meet Idaho
			 standards; and documentation and explanation by applicant if it is a regionally
			 known attraction or activity of outstanding interest to the traveling public.
			 (3-31-22)
d. Applicants for
			 directional signing will furnish to the department, on request, information
			 relating to the limits of their advertising program, need of directional
			 signing for the traveling public, number of public visits, and such other
			 information as deemed appropriate to assure compliance with federal regulations
			 and state law. The applicant or other representatives may appear before the
			 Idaho Transportation Board in case of controversy. (3-31-22)
e. The applicant of community or bypassed
			 community official signs will furnish the department the same information
			 required in Subsection
			 340.01.c of this rule.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.65 - RULES GOVERNING TRAFFIC MINUTE ENTRIES › Section 39.03.65.001 - TITLE AND SCOPE

Current through August 31, 2023
This rule is titled IDAPA 39.03.65, "Rules Governing Traffic
				Minute Entries," and establishes the procedures for making Traffic Minute
				Entries regulating speed zoning, parking, traffic control devices, and the
				selective exclusion of traffic on the State Highway System. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.65 - RULES GOVERNING TRAFFIC MINUTE ENTRIES › Section 39.03.65.100 - GENERAL PROVISIONS

Current through August 31, 2023
01.
Preparation
. Traffic Minute Entries (except for temporary speed zones
			 and flashing beacons with warning signs) shall be prepared by the Traffic
			 Section for approval by the Department Director, State Highway Administrator,
			 or the Chief of Highway Operations. (3-31-22)
02.
Requests
. Each request for a
			 Traffic Minute Entry shall indicate: (3-31-22)
a. The location regulated by the Traffic
			 Minute Entry; (3-31-22)
b. The
			 basis for the request; and (3-31-22)
c. Traffic and engineering study of
			 operational characteristics and observations that support the Traffic Minute
			 Entry. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.65 - RULES GOVERNING TRAFFIC MINUTE ENTRIES › Section 39.03.65.200 - REQUIRED ENTRIES

Current through August 31, 2023
Traffic Minute Entries shall be made for the following types of
				traffic regulations on the State Highway System: (3-31-22)
01.
Limits
. (3-31-22)
a. Permanent speed limits.
			 (3-31-22)
b. Bridge limits
			 (allowable gross loads). (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.65 - RULES GOVERNING TRAFFIC MINUTE ENTRIES › Section 39.03.65.300 - PARKING ON STATE HIGHWAYS WITHIN CITIES

Current through August 31, 2023
Parking prohibitions and regulations on the State Highway
				System within incorporated cities shall be approved by the city and the ITD
				Traffic Section and shall be covered by a local ordinance unless provided for
				by a cooperative maintenance or construction agreement. Unresolved differences
				between incorporated cities and ITD shall be presented to the Transportation
				Board for final resolution. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.80 - RULES GOVERNING LEGALIZATION OF OVERLOADED VEHICLES › Section 39.03.80.000 - LEGAL AUTHORITY

Current through August 31, 2023
This rule is adopted under the authority of Sections
				40-312 and
				49-1001(8)(c),
				Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.80 - RULES GOVERNING LEGALIZATION OF OVERLOADED VEHICLES › Section 39.03.80.001 - PURPOSE

Current through August 31, 2023
This rule provides that certain overweight vehicles may not
				proceed past the place of weighing until brought into compliance with the
				applicable weight limitations; however, these vehicles may be authorized to
				proceed to a location where they can be safely brought into compliance if it is
				determined that it would be unsafe or impractical to do so at the place of
				weighing. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.80 - RULES GOVERNING LEGALIZATION OF OVERLOADED VEHICLES › Section 39.03.80.010 - DEFINITIONS

Current through August 31, 2023
01.
Place of Weighing
. That
			 location where a motor vehicle, semitrailer, trailer, or combination thereof,
			 is weighed by enforcement personnel to determine its legal allowable axle,
			 combination of axles, or gross weight. Such locations include: (3-31-22)
a. Permanent ports of entry;
			 (3-31-22)
b. Temporary weigh sites
			 where vehicles are weighed on portable scales; (3-31-22)
c. Privately owned scales which are currently
			 certified by the Idaho Department of Agriculture. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.80 - RULES GOVERNING LEGALIZATION OF OVERLOADED VEHICLES › Section 39.03.80.100 - GENERAL PROVISIONS

Current through August 31, 2023
01.
Place to
			 Legalize
. All vehicles exceeding the overweight tolerances of Section
			 49-1001(8), Idaho
			 Code, are required to legalize at the place of weighing unless, in the judgment
			 of the weight enforcement official, it would be unsafe and/or impractical to do
			 so. (3-31-22)
02.
Travel
			 Authorization
. Those overweight vehicles, which in the judgment of the
			 weight enforcement official cannot be safely or practically legalized at the
			 place of weighing, will obtain a travel authorization to travel to a safe point
			 of legalization by payment of the statutory fee. (3-31-22)
a. The safe point of legalization will be
			 determined by the weight enforcement official in consultation with the vehicle
			 operator or other persons having interest in the vehicle or load.
			 (3-31-22)
b. Vehicles hauling the
			 following commodities are considered unsafe or impractical to legalize at the
			 place of weighing. This list is illustrative and not all inclusive of the
			 following: Bulk hazardous materials and hazardous waste as defined by Section
			 49-109, Idaho Code; livestock; hot
			 asphalt; concrete; dead animals or parts thereof; highly perishable
			 commodities; bees; and any load where removal of the tie downs may create a
			 possible safety hazard. (3-31-22)
c. The owner or operator of vehicles required
			 to off-load portions of their load will adhere to all applicable safety
			 regulations of the Occupational Safety and Health Administration (OSHA), United
			 States Department of Transportation, and the Idaho Department of Commerce and
			 Labor. (3-31-22)
d. A supervisor
			 within the port of entry chain of command will determine if loads of
			 questionable safety should be off-loaded at the place of weighing or be allowed
			 to purchase a travel authorization. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Section 39.04.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under authority of Sections
				21-105,
				21-111,
				21-114,
				21-142(9),
				21-142(15)  and
				21-519, Idaho Code, the Idaho
				Transportation Board adopts this rule. Violators of state law and these rules
				are subject to the penalties specified in Sections
				18-7031,
				18-7033 and
				21-121, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Section 39.04.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.04.01, "Rules Governing Aeronautics
			 and Aviation." (3-31-22)
02.
Scope
. This rule implements the provisions of Title 21, Idaho Code,
			 related to aeronautics and aviation, including rules governing aircraft
			 registration, marking of hazards to air flight, restriction of flight in
			 designated emergency areas, commercial and through-the-fence operations, aerial
			 search and rescue, operations at state airports, Federal Aviation Regulations
			 and the Idaho Airport Aid Program. Where feasible, all rules and regulations
			 regarding navigation of aircraft within the airspace about the state of Idaho
			 will be kept in conformance with the current federal aviation regulations.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Section 39.04.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
These rules incorporate the current Federal Aviation
				Regulations, 14 CFR Parts
				1-191, where they are not
				inconsistent with existing rules or regulations that may, from time to time, be
				adopted by the Idaho Transportation Board. Copies of Federal Aviation
				Regulations, 14 CFR parts
				1-191, may be obtained from the
				Superintendent of Documents, U. S. Government Printing Office, Washington, DC
				20402 or electronically at the Electronic Code of Federal Regulations, at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse
.
				This rule also incorporates the Idaho Airport Aid Program, Implementation
				Manual (3rd Edition, September 2019), and the Department's Aerial Search and
				Rescue Manual. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.100 - AIRCRAFT TO BE REGISTERED

Current through August 31, 2023
Every resident of this State who operates an aircraft or who
				  owns an aircraft holding a currently valid airworthiness certificate and a
				  currently valid annual inspection or progressive inspection system issued by
				  the Federal government, or a resident or nonresident operating an aircraft for
				  hire, spraying, dusting, seeding, or operated in the transportation of persons
				  or property, shall register such aircraft with the Idaho Division of
				  Aeronautics hereinafter referred to as Division. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.101 - REGISTRATION PERIOD

Current through August 31, 2023
01.
Annual
				Period
. The period for the registration of aircraft in the state of
				Idaho runs from January 1 through December 31 of each year. (3-31-22)
02.
Annual Registration Closing
				Date
. The closing date for the annual registration is the first Monday
				of November in each year. A list of unregistered aircraft, as of that date,
				shall be forwarded to the proper county assessor for inclusion in personal
				property assessment due on the fourth Monday in November, as required by
				Section 63-301, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.102 - APPLICATIONS FOR AIRCRAFT REGISTRATION

Current through August 31, 2023
01.
Current
				Registration Certificate
. An owner who holds a currently effective
				registration certificate for an aircraft issued by the Federal government shall
				make application for an aircraft registration upon appropriate forms to be
				prescribed and furnished by the Division that contain the applicant's title and
				the names and addresses of all persons having any interest therein.
				(3-31-22)
02.
Application
				Information
. Every application for an aircraft registration shall
				contain: The name of the manufacturer, model, year, the aircraft identification
				number and serial number, engine type, and aircraft manufacturer's certified
				maximum gross weight. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.103 - FEES

Current through August 31, 2023
Annual aircraft registration fees are set forth in Section
				  21-114, Idaho Code.
				  (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.104 - REGISTRATION TO BE CARRIED AND DISPLAYED

Current through August 31, 2023
The certificate of registration issued by the Division shall
				  be carried at all times in said aircraft and must be made available for
				  examination upon reasonable request by any person charged with the duty of
				  enforcing the aviation laws of this state. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.105 - TRANSFER OF TITLE OR INTEREST IN AIRCRAFT

Current through August 31, 2023
01.
Previous Owner Responsibility
. The owner of an aircraft registered
				by the Division under Section
				21-114, Idaho Code, who transfers
				or assigns his title or interest in such aircraft, shall: (3-31-22)
a. Within 15 days, notify the Division in
				writing of such transfer or assignment; and (3-31-22)
b. Furnish the Division with the name and
				address of the person to whom such transfer or assignment was made; and
				(3-31-22)
c. Remove or obliterate
				the decal so as to indicate its cancellation prior to delivery of the aircraft
				to the transferee or assignee; and (3-31-22)
d. Request the Division to cancel the
				registration. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter A - RULES GOVERNING AIRCRAFT REGISTRATION › Section 39.04.01.106 - EXEMPTIONS

Current through August 31, 2023
This rule does not apply to aircraft exempted from
				  registration by Section
				  21-114(d), Idaho
				  Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.200 - SPECIAL OPERATING RESTRICTIONS ON AIRPORTS

Current through August 31, 2023
The Division may establish special operating restrictions on
				  an airport to assure the safety and convenience of users and the general public
				  when special events or temporary or seasonal factors warrant. Such special
				  restrictions shall be issued in writing at least ten (10) days prior to their
				  effective date and published as a NOTAM (Notice to Airmen) and be conspicuously
				  posted on the airport. When practical, the Division may advise principal users
				  of the airport of the special restrictions. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.201 - AIRCRAFT PARKING, LOADING, AND TIEDOWN

Current through August 31, 2023
Aircraft that are loading and unloading on state airports
				  shall be parked in the available designated aircraft parking or loading areas.
				  In the event such designated areas are fully occupied, pilots shall park so as
				  to remain clear of the defined runway. All unattended aircraft shall be tied
				  down when tiedowns are available. Persons parking their aircraft where tiedowns
				  are not available shall secure their aircraft with portable tiedown devices, or
				  use other positive means of restraining their aircraft which will assure that
				  their aircraft will not damage other aircraft or property. Aircraft will not
				  remain tied down on an airport in excess of one (1) month without the approval
				  of the Division. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.202 - VEHICLES, DOMESTIC ANIMALS, BAGGAGE, AND OBJECTS

Current through August 31, 2023
01.
Parking
. No person will operate or park any vehicle on an airport
				without prior approval of the Division. Vehicles authorized on an airport will
				not be operated on the runway or parked so as to occupy or block designated
				tiedowns or loading areas, except that temporary parking necessary for actual
				loading or unloading of baggage or objects is allowed if no hazard is thus
				created. Vehicles shall be parked only in designated parking areas.
				(3-31-22)
02.
Domestic
				Animals
. No person will allow any domestic animal on an airport, taxiway
				or adjacent camping area without its being on a leash beyond the minimum time
				necessary for the loading or unloading of such animal into or from an aircraft
				without prior approval of the Division. (3-31-22)
03.
Livestock
. No person will
				allow livestock to graze on airport property without permission from the
				Division. (3-31-22)
04.
Domestic Animal Droppings
. No person will allow domestic animal
				droppings to be left on an airport, a loading area or in an adjacent camping
				area. (3-31-22)
05.
Unattended Objects or Baggage
. No person will place any unattended
				objects or baggage in a tiedown area when such placement creates a hazard, or
				restricts aircraft parking in such a way that displaced aircraft create a
				hazard. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.203 - CAMPING, TRASH, AND REFUSE

Current through August 31, 2023
01.
Camping
. No person will camp on an airport except in designated camping
				areas without prior approval of Division employees. (3-31-22)
02.
Camping Limits
. No person is
				permitted to use a camping area adjacent to an airport for more than fourteen
				(14) consecutive days, however this time limit may be extended by Division
				employees when existing camp area vacancies exist. (3-31-22)
03.
Fires
. No campfires or open
				flame camp stoves are allowed within fifty (50) feet of aircraft.
				(3-31-22)
04.
Trash and
				Refuse
. All persons on an airport shall place their trash, garbage, and
				refuse in designated containers or shall otherwise remove it from the airport.
				(3-31-22)
05.
Trash
				Disposal
. No person will deposit their trash on an area adjacent to an
				airport. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.204 - AIRCRAFT FUELING, AGRICULTURAL OPERATIONS, AND HAZARDOUS MATERIAL

Current through August 31, 2023
01.
Fueling Procedures
. Any
				person performing aircraft fueling on an airport shall obtain and read a copy
				of the refueling procedures published by the Division and shall conduct fueling
				in accordance with these procedures. All persons shall comply with any airport
				restrictions issued by the Division in connection with recognized fire danger
				conditions. (3-31-22)
02.
Aerial Application Operations
. No person will perform aerial spraying,
				dusting, or other aerial chemical application operations from an airport
				without making formal application to and receiving an approved operational
				agreement from the Division. Any person spilling, dumping, or disposing of any
				hazardous, toxic, or otherwise dangerous or offensive substance on an airport
				shall be responsible for the full cost of the cleanup, disposal, and
				administrative costs to the Division necessitated by removal of the substance.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter B - RULES GOVERNING OPERATIONS AT STATE AIRPORTS › Section 39.04.01.205 - COMMERCIAL OPERATIONS

Current through August 31, 2023
01.
Operational Agreement
. No person will conduct any commercial or business
				operations from an airport without making formal application to and receiving
				an approved operational agreement issued by the Division. (3-31-22)
02.
Airport Use
. No approved
				commercial operation on an airport by persons or firms engaged in business
				shall be deemed to have priority over any public or other commercial use of
				such airport. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter C - RULES GOVERNING COMMERCIAL AND THROUGH-THE-FENCE OPERATIONS AND HANGAR CONSTRUCTION AT STATE AIRPORTS › Section 39.04.01.300 - APPLICATION

Current through August 31, 2023
Any individual, company, or corporation wishing to establish
				  any aviation facility, private or commercial, on or adjacent to any state
				  airport shall make formal application to the Idaho Division of Aeronautics that
				  contained, at a minimum, a sketch showing the location of proposed facilities;
				  a description, sketch, manufacturer's brochure, etc. of the proposed
				  facilities; and a description of the operation proposed. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter C - RULES GOVERNING COMMERCIAL AND THROUGH-THE-FENCE OPERATIONS AND HANGAR CONSTRUCTION AT STATE AIRPORTS › Section 39.04.01.301 - OPERATIONAL AGREEMENT

Current through August 31, 2023
01.
Negotiation and Approval
. Subsequent to Board approval of the
				application, the Division of Aeronautics will negotiate an operational
				agreement with the applicant. The terms of the agreement must be approved by
				the Board prior to ratification of the agreement by any agent of the state.
				(3-31-22)
02.
Information
				Required
. The agreement will include, but not be limited to, lease fee,
				term, any operational limitations deemed appropriate, etc. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter C - RULES GOVERNING COMMERCIAL AND THROUGH-THE-FENCE OPERATIONS AND HANGAR CONSTRUCTION AT STATE AIRPORTS › Section 39.04.01.302 - SAFETY AND ACCESS

Current through August 31, 2023
Aviation safety will be of paramount importance in
				  consideration of any application. Special emphasis will be placed upon
				  developing means of controlling the number of access points for
				  through-the-fence operations, defined as operations which require aircraft to
				  taxi across the airport property boundary. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter D - RULES GOVERNING MARKING OF HAZARDS TO AIR FLIGHT › Section 39.04.01.401 - EXCEPTIONS

Current through August 31, 2023
No person needs to notify the Aeronautics Division
				  Administrator for any of the following construction or alteration:
				  (3-31-22)
01.
Shielded
.
				Any object that would be shielded by existing structures of a permanent and
				substantial character or by natural terrain or topographic features of equal or
				greater height, and would be located in the congested area of a city, town, or
				settlement where it is evident beyond all reasonable doubt that the structure
				so shielded will not adversely affect safety in air navigation.
				(3-31-22)
02.
Antennas
. Any antenna structure of twenty (20) feet or less in height
				except one that would increase the height of another antenna structure.
				(3-31-22)
03.
Air
				Navigation
. Any air navigation facility, airport visual approach or
				landing aid, aircraft arresting device, or meteorological device of a type
				approved by the Aeronautics Division Administrator, the location and height of
				which is fixed by its functional purpose. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter E - RULES GOVERNING RESTRICTION OF FLIGHT IN DESIGNATED EMERGENCY AREAS › Section 39.04.01.500 - GENERAL

Current through August 31, 2023
01.
Level of Flight for Non-Search
				Pilot
. No aircraft shall willfully fly below one thousand (1,000) feet
				above ground level over or through any designated search and rescue area, or
				any designated emergency area unless officially flying as an assigned search
				pilot in an assigned search area, or authorized by the official Search and
				Rescue Headquarters, or in direct official support of a designated emergency
				area. This flight restriction will remain in effect within the designated area
				until rescinded by the Aeronautics Division Administrator. (3-31-22)
02.
Level of Flight for Non-Assistance
				Persons
. Aircraft not officially involved in rendering emergency
				assistance to persons and property may not fly below two thousand (2,000) feet
				above ground level over any emergency area created by fire, flood, earthquake,
				or other natural disasters. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter F - RULES GOVERNING AERIAL SEARCH AND RESCUE OF LOST AIRCRAFT AND AIRMEN › Section 39.04.01.600 - SEARCH NOTIFICATION

Current through August 31, 2023
01.
Notification System
. The Department shall maintain a twenty-four (24)
				hour per day search and rescue notification system. (3-31-22)
02.
Notification Sources
. The
				Department normally receives initial notification of lost, missing, overdue, or
				suspected downed aircraft from the Federal Aviation Administration flight
				service station(s), the Air Force Rescue Coordination Center, law enforcement,
				and/or concerned individuals. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter F - RULES GOVERNING AERIAL SEARCH AND RESCUE OF LOST AIRCRAFT AND AIRMEN › Section 39.04.01.601 - SEARCH INITIATION

Current through August 31, 2023
When notification is received from agencies, or individual(s)
				  which constitute reasonable probability that an aircraft or airman is down,
				  lost, or missing, a search shall be initiated as described in the National SAR
				  Plan, the Department SAR Manual and/or upon mutual agreement between the
				  Department and the BHS. Safety, weather, darkness, and other operational
				  factors may influence the conduct of the search including time of initiation,
				  duration, and suspension. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.04.01 - RULES GOVERNING AERONAUTICS AND AVIATION › Subchapter F - RULES GOVERNING AERIAL SEARCH AND RESCUE OF LOST AIRCRAFT AND AIRMEN › Section 39.04.01.602 - ORGANIZATION

Current through August 31, 2023
01.
Staff
. The Division of
				Aeronautics will maintain a qualified staff capable of implementing the state
				aerial search and rescue plan. (3-31-22)
02.
Designated Search Districts
.
				The Department's Aerial Search and Rescue Manual (Plan) designates six (6)
				search districts. Within each district one (1) or more qualified District
				Aerial Search and Rescue Coordinator(s) shall be designated based on knowledge,
				experience, and training. They, along with other SAR volunteers, will function
				under the direction of the State Aerial SAR Coordinator. (3-31-22)