reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.563 - ORAL ARGUMENT

Current through August 31, 2023
The presiding officer may set and hear oral argument on any matter in the contested case on reasonable notice according to the circumstances. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.564 - BRIEFS - MEMORANDA - PROPOSED ORDERS OF THE PARTIES - STATEMENTS OF POSITION - PROPOSED ORDER OF THE PRESIDING OFFICER

Current through August 31, 2023
In any contested case, any party may ask to file briefs, memoranda, proposed orders of the parties or statements of position, and the presiding officer may request briefs, proposed orders of the parties, or statements of position. The presiding officer may issue a proposed order and ask the parties for comment upon the proposed order. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.565 - PROCEDURE ON PREHEARING MOTIONS

Current through August 31, 2023
The presiding officer may consider and decide prehearing motions with or without oral argument or hearing. If oral argument or hearing on a motion is requested and denied, the presiding officer must state the grounds for denying the request. Unless otherwise provided by the presiding officer, when a motion has been filed, all parties seeking similar substantive or procedural relief must join in the motion or file a similar motion within seven (7) days after receiving the original motion. The party(ies) answering to or responding to the motion(s) will have fourteen (14) days from the time of filing of the last motion or joinder pursuant to the requirements of the previous sentence in which to respond. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.566 - JOINT HEARINGS

Current through August 31, 2023
The agency may hold joint hearings with federal agencies, with agencies of other states, and with other agencies of the state of Idaho. When joint hearings are held, the agencies may agree among themselves which agency's rules of practice and procedure will govern. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.600 - RULES OF EVIDENCE - EVALUATION OF EVIDENCE

Current through August 31, 2023
Evidence should be taken by the agency to assist the parties' development of a record, not excluded to frustrate that development. The presiding officer at hearing is not bound by the Idaho Rules of Evidence. No informality in any proceeding or in the manner of taking testimony invalidates any order. The presiding officer, with or without objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on constitutional or statutory grounds, or on the basis of any evidentiary privilege provided by statute or recognized in the courts of Idaho. All other evidence may be admitted if it is of a type commonly relied upon by prudent persons in the conduct of their affairs. The agency's experience, technical competence and specialized knowledge may be used in evaluation of evidence. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.601 - DOCUMENTARY EVIDENCE

Current through August 31, 2023
Documentary evidence may be received in the form of copies or excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if available. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.602 - OFFICIAL NOTICE - AGENCY STAFF MEMORANDA

Current through August 31, 2023
Official notice may be taken of any facts that could be judicially noticed in the courts of Idaho and of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified of the specific facts or material noticed and the source of the material noticed, including any agency staff memoranda and data. Notice that official notice will be taken should be provided either before or during the hearing, and must be provided before the issuance of any order that is based in whole or in part on facts or material officially noticed. Parties must be given an opportunity to contest and rebut the facts or material officially noticed. When the presiding officer proposes to notice agency staff memoranda or agency staff reports, responsible staff employees or agents shall be made available for cross-examination if any party timely requests their availability. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.604 - OBJECTIONS - OFFERS OF PROOF

Current through August 31, 2023
Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered. Formal exceptions to rulings admitting or excluding evidence are unnecessary and need not be taken. An offer of proof for the record consists of a statement of the substance of the excluded evidence. When a party objects to the admission of evidence, the presiding officer will rule on the objection, or, if the presiding officer is a hearing officer, the presiding officer may receive the evidence subject to later ruling by the agency head or refer the matter to the agency head. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.605 - PREPARED TESTIMONY

Current through August 31, 2023
The presiding officer may order a witness's prepared testimony previously distributed to all parties to be included in the record of hearing as if read. Admissibility of prepared testimony is subject to Section  600. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.606 - EXHIBITS

Current through August 31, 2023
Exhibit numbers may be assigned to the parties before hearing. Exhibits prepared for hearing must ordinarily be typed or printed on eight and one-half inch by eleven inch (8-1/2" x 11") white paper, except maps, charts, photographs and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. A copy of each documentary exhibit must be furnished to each party present and to the presiding officer, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Copies must be of good quality. Exhibits identified at hearing are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring party. Motion pictures, slides, opaque projections, videotapes, audiotapes or other materials not capable of duplication by still photograph or reproduction on paper shall not be presented as exhibits without approval of the presiding officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.610 - CONFIDENTIALITY OF SETTLEMENT NEGOTIATIONS

Current through August 31, 2023
Settlement negotiations in a contested case are confidential, unless all participants to the negotiation agree to the contrary in writing. Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in settlement negotiations in a contested case are not part of the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.611 - SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS

Current through August 31, 2023
Through notice or order or on the record at prehearing conference or hearing, the presiding officer may inquire of the parties in any proceeding whether settlement negotiations are in progress or are contemplated or may invite settlement of an entire proceeding or certain issues. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.612 - CONSIDERATION OF SETTLEMENTS

Current through August 31, 2023
Settlements must be reviewed under this rule. When a settlement is presented to the presiding officer, the presiding officer will prescribe procedures appropriate to the nature of the settlement to consider the settlement. For example, the presiding officer could summarily accept settlement of essentially private disputes that have no significant implications for administration of the law for persons other than the affected parties. On the other hand, when one (1) or more parties to a proceeding is not party to the settlement or when the settlement presents issues of significant implication for other persons, the presiding officer may convene an evidentiary hearing to consider the reasonableness of the settlement and whether acceptance of the settlement is consistent with the agency's charge under the law. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.613 - BURDENS OF PROOF

Current through August 31, 2023
Proponents of a proposed settlement carry the burden of showing that the settlement is in accordance with the law. The presiding officer may require the development of an appropriate record in support of or opposition to a proposed settlement as a condition of accepting or rejecting the settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.614 - SETTLEMENT NOT BINDING

Current through August 31, 2023
The presiding officer is not bound by settlement agreements that are not unanimously accepted by all parties or that have significant implications for persons not parties. In these instances, the presiding officer will independently review any proposed settlement to determine whether the settlement is in accordance with the law. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.650 - RECORD FOR DECISION

Current through August 31, 2023
01.
Requirement
. The agency shall maintain an official record for each for each contested case and (unless statute provides otherwise) base its decision in a contested case on the official record for the case. (3-31-22)
02.
Contents
. The record for a contested case shall include: (3-31-22)
a. All notices of proceedings; (3-31-22)
b. All applications or claims or appeals, petitions, complaints, protests, motions, and answers filed in the proceeding; (3-31-22)
c. All intermediate or interlocutory rulings of hearing officers or the agency head; (3-31-22)
d. All evidence received or considered (including all transcripts or recordings of hearings and all exhibits offered or identified at hearing); (3-31-22)
e. All offers of proof, however made; (3-31-22)
f. All briefs, memoranda, proposed orders of the parties or of the presiding officers, statements of position, statements of support, and exceptions filed by parties or persons not parties; (3-31-22)
g. All evidentiary rulings on testimony, exhibits, or offers of proof; (3-31-22)
h. All staff memoranda or data submitted in connection with the consideration of the proceeding; (3-31-22)
i. A statement of matters officially noticed; and (3-31-22)
j. All recommended orders, preliminary orders, final orders, and orders on reconsideration. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.651 - RECORDING OF HEARINGS

Current through August 31, 2023
All hearings shall be recorded on audiotape or videotape at the agency's expense. The agency may provide for a transcript of the proceeding at its own expense. Any party may have a transcript prepared at its own expense. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.700 - NOTICE OF PROPOSED DEFAULT AFTER FAILURE TO APPEAR

Current through August 31, 2023
If an applicant or claimant or appellant, petitioner, complainant, or moving party fails to appear at the time and place set for hearing on an application or claim or appeal, petition, complaint, or motion, the presiding officer may serve upon all parties a notice of a proposed default order denying the application or claim or appeal, petition, complaint, or motion. The notice of a proposed default order shall include a statement that the default order is proposed to be issued because of a failure of the applicant or claimant or appellant, petitioner, complainant or moving party to appear at the time and place set for hearing. The notice of proposed default order may be mailed to the last known mailing address of the party proposed to be defaulted. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.701 - SEVEN DAYS TO CHALLENGE PROPOSED DEFAULT ORDER

Current through August 31, 2023
Within seven (7) days after the service of the notice of proposed default order, the party against whom it was filed may file a written petition requesting that a default order not be entered. The petition must state the grounds why the petitioning party believes that default should not be entered. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.702 - ISSUANCE OF DEFAULT ORDER

Current through August 31, 2023
The agency shall promptly issue a default order or withdraw the notice of proposed default order after expiration of the seven days for the party to file a petition contesting the default order or receipt of a petition. If a default order is issued, all further proceedings necessary to complete the contested case shall be conducted without participation of the party in default (if the defaulting party is not a movant) or upon the results of the denial of the motion (if the defaulting party is a movant). All issues in the contested case shall be determined, including those affecting the defaulting party. If authorized by statute or rule, costs may be assessed against a defaulting party. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.710 - INTERLOCUTORY ORDERS

Current through August 31, 2023
Interlocutory orders are orders that do not decide all previously undecided issues presented in a proceeding, except the agency may by order decide some of the issues presented in a proceeding and provide in that order that its decision on those issues is final and subject to review by reconsideration or appeal, but is not final on other issues. Unless an order contains or is accompanied by a document containing one of the paragraphs set forth in Sections  720,  730  or  740  or a paragraph substantially similar, the order is interlocutory. The following orders are always interlocutory: orders initiating complaints or investigations; orders joining, consolidating or separating issues, proceedings or parties; orders granting or denying intervention; orders scheduling prehearing conferences, discovery, hearing, oral arguments or deadlines for written submissions; and orders compelling or refusing to compel discovery. Interlocutory orders may be reviewed by the officer issuing the order pursuant to Sections  711,  760, and  770. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.711 - REVIEW OF INTERLOCUTORY ORDERS

Current through August 31, 2023
Any party or person affected by an interlocutory order may petition the officer issuing the order to review the interlocutory order. The officer issuing an interlocutory order may rescind, alter or amend any interlocutory order on the officer's own motion, but will not on the officer's own motion review any interlocutory order affecting any party's substantive rights without giving all parties notice and an opportunity for written comment. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.720 - RECOMMENDED ORDERS

Current through August 31, 2023
01.
Definition
. Recommended orders are orders issued by a person other than the agency head that will become a final order of the agency only after review of the agency head (or the agency head's designee) pursuant to Section  67-5244, Idaho Code. (3-31-22)
02.
Content
. Every recommended order must contain or be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a recommended order of the hearing officer. It will not become final without action of the agency head. Any party may file a petition for reconsideration of this recommended order with the hearing officer issuing the order within fourteen (14) days of the service date of this order. The hearing officer issuing this recommended order will dispose of any petition for reconsideration within twenty-one (21) days of its receipt, or the petition will be considered denied by operation of law. See Section  67-5243(3), Idaho Code. (3-31-22)
b. Within twenty-one (21) days after (a) the service date of this recommended order, (b) the service date of a denial of a petition for reconsideration from this recommended order, or (c) the failure within twenty-one (21) days to grant or deny a petition for reconsideration from this recommended order, any party may in writing support or take exceptions to any part of this recommended order and file briefs in support of the party's position on any issue in the proceeding. (3-31-22)
c. Written briefs in support of or taking exceptions to the recommended order shall be filed with the agency head (or designee of the agency head). Opposing parties shall have twenty-one (21) days to respond. The agency head or designee may schedule oral argument in the matter before issuing a final order. The agency head or designee will issue a final order within fifty-six (56) days of receipt of the written briefs or oral argument, whichever is later, unless waived by the parties or for good cause shown. The agency may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.740 - FINAL ORDERS

Current through August 31, 2023
01.
Definition
. Final orders are preliminary orders that have become final under Section  730  pursuant to Section  67-5245, Idaho Code, or orders issued by the agency head pursuant to Section  67-5246, Idaho Code. (3-31-22)
02.
Content
. Every final order issued by the agency head must contain or be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a final order of the agency. Any party may file a motion for reconsideration of this final order within fourteen (14) days of the service date of this order. The agency will dispose of the petition for reconsideration within twenty-one (21) days of its receipt, or the petition will be considered denied by operation of law. See Section  67-5246(4), Idaho Code. (3-31-22)
b. Pursuant to Sections  67-5270  and  67-5272, Idaho Code, any party aggrieved by this final order or orders previously issued in this case may appeal this final order and all previously issued orders in this case to district court by filing a petition in the district court of the county in which: (3-31-22)
i. A hearing was held; (3-31-22)
ii. The final agency action was taken; (3-31-22)
iii. The party seeking review of the order resides; or (3-31-22)
iv. The real property or personal property that was the subject of the agency action is attached. (3-31-22)
c. An appeal must be filed within twenty-eight (28) days (a) of the service date of this final order, (b) of an order denying petition for reconsideration, or (c) the failure within twenty-one (21) days to grant or deny a petition for reconsideration, whichever is later. See Section  67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.750 - ORDER NOT DESIGNATED

Current through August 31, 2023
If an order does not designate itself as recommended, preliminary or final at its release, but is designated as recommended, preliminary or final after its release, its effective date for purposes of reconsideration or appeal is the date of the order of designation. If a party believes that an order not designated as a recommended order, preliminary order or final order according to the terms of these rules should be designated as a recommended order, preliminary order or final order, the party may move to designate the order as recommended, preliminary or final, as appropriate. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.760 - MODIFICATION OF ORDER ON PRESIDING OFFICER'S OWN MOTION

Current through August 31, 2023
A hearing officer issuing a recommended or preliminary order may modify the recommended or preliminary order on the hearing officer's own motion within fourteen (14) days after issuance of the recommended or preliminary order by withdrawing the recommended or preliminary order and issuing a substitute recommended or preliminary order. The agency head may modify or amend a final order of the agency (be it a preliminary order that became final because no party challenged it or a final order issued by the agency head itself) at any time before notice of appeal to District Court has been filed or the expiration of the time for appeal to District Court, whichever is earlier, by withdrawing the earlier final order and substituting a new final order for it. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.770 - CLARIFICATION OF ORDERS

Current through August 31, 2023
Any party or person affected by an order may petition to clarify any order, whether interlocutory, recommended, preliminary or final. Petitions for clarification from final orders do not suspend or toll the time to petition for reconsideration or appeal the order. A petition for clarification may be combined with a petition for reconsideration or stated in the alternative as a petition for clarification and/or reconsideration. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.780 - STAY OF ORDERS

Current through August 31, 2023
Any party or person affected by an order may petition the agency to stay any order, whether interlocutory or final. Interlocutory or final orders may be stayed by the judiciary according to statute. The agency may stay any interlocutory or final order on its own motion. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Section  38-1304, Idaho Code, the Idaho Board of Land Commissioners has authority to adopt rules establishing minimum standards for the conduct of forest practices on forest land. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
BMP
. Best Management Practices. (3-31-22)
02.
LOD
. Large Organic Debris. (3-31-22)
03.
SPZ
. Stream Protection Zone. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.020 - GENERAL RULES

Current through August 31, 2023
01.
Compliance
. Operators must comply with practices contained within a rule to accomplish the purpose of the rule. (3-31-22)
a. If conditions of sites or activities require application of practices which differ from those prescribed by the rules, the operator must obtain a variance according to the following procedure: (3-31-22)
i. The operator must submit a written request for variance to the Department. The request must include a description of the site and particular conditions which necessitate a variance and a description of proposed practices which, if applied, will result in a violation of the rules. (3-31-22)
ii. The Department will evaluate the request and notify the operator in writing within fourteen (14) calendar days whether the variance is granted or denied. (3-31-22)
iii. All authorized variance practices must provide for results over the long term which are equivalent or better than those from rule to ensure site productivity, water quality and fish and wildlife habitat. A variance may be applied only at approved sites. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.030 - TIMBER HARVESTING

Current through August 31, 2023
01.
Purpose
. Harvesting of forest tree species is a part of forest management. This is how wood for human use is obtained and how forests are established and tended. During harvesting operations there will be a temporary disturbance to the forest environment. These rules establish minimum standards for forest practices that will maintain the productivity of the forest land, minimize soil and debris entering streams, and protect wildlife and fish habitat. (3-31-22)
02.
Quality of Residual Stocking
. Reforestation is required if harvesting reduces stocking of acceptable trees below minimums of Subsection  050.04. (3-31-22)
03.
Soil Protection
. For each harvesting operation, operators should select the logging method and type of equipment adapted to the given slope, landscape and soil properties in order to minimize soil erosion. (3-31-22)
a. An operation that uses ground-based equipment must not be conducted if it will cause rutting, deep soil disturbance, or accelerated erosion. On slopes exceeding forty-five percent (45%) gradient and which are immediately adjacent to a Class I or II stream, ground-based equipment, except for traction-assisted harvesting equipment, must not be used without an approved variance. Where slopes in the area to be logged exceed forty-five percent (45%) gradient, the operator, landowner or timber owner must notify the Department of these steep slopes upon filing the notification as provided for in Subsection  020.05. (3-31-22)
b. The grade of constructed skid trails on geologically unstable, saturated, or highly erodible or easily compacted soils is limited to a maximum of thirty percent (30%). (3-31-22)
c. In accordance with appropriate silvicultural prescriptions, keep skid trails to the minimum feasible width and number. Limit tractors used for skidding to that size appropriate for the job. (3-31-22)
d. Uphill cable yarding is preferred. When downhill yarding, take reasonable care to lift the leading end of the log to minimize downhill movement of slash and soils. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.031 - CUMULATIVE WATERSHED EFFECTS

Current through August 31, 2023
01.
Purpose
. In accordance with Section  38-1305(8), Idaho Code, the Department has developed methods for controlling cumulative watershed effects (CWE). The methods and procedures are described in the department manual entitled "Forest Practices Cumulative Watershed Effects Process for Idaho." Proper application of this process will help ensure watersheds are managed to protect water quality so that beneficial uses are supported. This rule describes how the process is to be implemented on forest land. (3-31-22)
02.
Process Application
. (3-31-22)
a. Application of the CWE process and any resulting site-specific BMPs are encouraged but not mandatory. (3-31-22)
b. The process may be initiated by either the Department, a watershed advisory group, or an individual landowner or group of landowners that collectively own at least twenty-five percent (25%) of the forested land in a watershed. In any case, a reasonable effort will be made to notify forest landowners within the watershed, and the landowners will be given the opportunity to participate in the process. (3-31-22)
c. The Department must be notified prior to the initiation of the CWE process. (3-31-22)
d. The Department will review and approve the watershed assessment and CWE site-specific BMPs for compliance with the Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.050 - RESIDUAL STOCKING AND REFORESTATION

Current through August 31, 2023
01.
Purpose
. To provide requirements for residual stocking and reforestation that will maintain a continuous growing and harvesting of forest tree species, and for sites not requiring reforestation, to maintain soil productivity and minimize erosion. The rules specify the minimum number of acceptable trees per acre and the maximum period of time allowed after harvesting for establishment of forest tree species. (3-31-22)
02.
Quality of Residual Stocking
. On any operation, trees left for future harvest must be of acceptable species and adequately protected from harvest damage to enhance their survival and growth. Locate roads and landings and conduct felling, bucking, skidding, yarding, and decking operations to minimize damage to residual trees. Acceptable residual trees should have a minimum live crown ratio of thirty percent (30%), minimum basal scarring, and should not have dead or broken tops. When stands have a high percentage of unacceptable trees, consider stand replacement rather than intermediate cuttings. (3-31-22)
03.
Sites Impractical to Reforest
. Sites impractical to reforest, generally ponderosa pine and drier Douglas-fir habitat types, must not be harvested below minimum stocking, unless the site is converted to some other use or, in instances of wildfire, insects, disease or other natural causes, where salvage of damaged timber is planned. (3-31-22)
a. When harvesting timber on these sites, one (1) of the following actions must be taken to ensure minimum stocking: (3-31-22)
i. Establish a new stand by leaving seed trees on the site and inter-planting at least once within five (5) years of harvest completion. (3-31-22)
ii. Establish a new stand of timber by planting the site with an acceptable tree species, and interplanting at least once within five (5) years of the original planting. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.060 - USE OF CHEMICALS AND PETROLEUM PRODUCTS

Current through August 31, 2023
01.
Purpose
. Chemicals perform an important function in growing and harvesting forest tree species. These rules regulate chemical handling, storage and application for forest practices so that the public health and aquatic and terrestrial habitats will not be endangered by contamination of streams or other bodies of water. (3-31-22)
02.
Other Applicable Laws
. Anyone mixing, loading, applying or otherwise using chemicals must comply with the applicable portions of state and federal law, including but not limited to the Pesticide and Chemigation Law, Title 22, Chapter 34, Idaho Code and IDAPA 02.03.03, "Rules Governing Pesticide and Chemigation Use and Application." (3-31-22)
03.
Petroleum Products
. Stationary or mobile petroleum storage containers with capacities greater than two hundred (200) gallons must not be located closer than one hundred (100) feet from any waterway or area of open water. Dikes, berms or embankments must be constructed to contain at least one hundred ten percent (110%) of the volume of petroleum products stored within the tanks. Diked areas must be sufficiently impervious and of adequate capacity to contain spilled petroleum products. In the event any leakage or spillage enters any waterway or area of open water, the operator must immediately notify the Department. (3-31-22)
a. During fueling operations or petroleum product transfer to other containers, there must be a person attending the operation at all times. Fueling operations must not take place where the fuel will enter streams, lakes or other areas of open water, if spillage occurs. (3-31-22)
b. Equipment and containers used to transport, store or transfer petroleum products must be maintained in a leakproof condition. If the Department finds evidence of petroleum product leakage or spillage, the equipment or containers may not be used until the deficiency has been corrected. (3-31-22)
c. Waste resulting from logging operations, such as crankcase oil, filters, grease, oil containers, or other nonbiodegradable waste must be removed from the operating area and disposed of properly. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.01 - RULES PERTAINING TO THE IDAHO FOREST PRACTICES ACT › Section 20.02.01.071 - PRESCRIBED FIRE

Current through August 31, 2023
01.
Purpose
. Prescribed fire is a land management tool. Smoke from prescribed fires can have adverse impacts on ambient air quality or public health. These rules establish a management system for smoke from prescribed fires that will protect air quality. (3-31-22)
02.
Notification
. The use of prescribed fire requires a valid notification in accordance with Subsection  020.05  to maintain air quality and to protect public health. Possession of a valid notification will not preclude meeting the fire safety requirements specified in Section  38-115, Idaho Code. (3-31-22)
03.
Recommended Practices
. To maintain air quality and protect public health the following practices are recommended: (3-31-22)
a. Slash and large woody debris piles should be compact and free of stumps, soil, snow, and nonwoody organic material. (3-31-22)
b. Piles should be fully cured, dried at least two (2) months, prior to ignition. Piles should be at least partially covered with a water-resistant material so they can be ignited after enough precipitation to lower the fire danger. (3-31-22)
c. Broadcast burns should be conducted within a prescription that minimizes adverse effects on air quality. (3-31-22)
d. Membership in good standing in a recognized Airshed Group is encouraged. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections  38-1201, et seq.; 58-104(6); 58-105; 67-5201, et seq.; Idaho Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho State Board of Land Commissioners. (4-6-23)
02.
Contract
. Timber sale contract in a form prescribed by the Department. (4-6-23)
03.
Department
. The Idaho Department of Lands. (4-6-23)
04.
Development Credits
. A stumpage credit received by the purchaser for road construction and improvements. (4-6-23)
05.
Director
. The director of the Idaho Department of Lands or his designee. (4-6-23)
06.
Forest Products
. Marketable forest materials. (4-6-23)
07.
Net Appraised Value
. The minimum estimated sale value of the forest products after deducting the development credit. (4-6-23)
08.
Net Sale Value
. The final sale bid value of the forest products after deducting the development credit. (4-6-23)
09.
Purchaser
. A successful bidder for forest products from a state sale who has executed a timber sale contract. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.019 - FIREWOOD AND OTHER PERSONAL USE PRODUCT PERMITS

Current through August 31, 2023
Forest product permits for personal use will be sold on a charge basis. The Director will determine permit rates and maximum permit values. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.020 - DIRECT SALES

Current through August 31, 2023
The sale of forest products without advertisement may be authorized by the Director if the net appraised value does not exceed the maximum value established by the Board. The duration of a direct sale is six (6) months. The purchaser must furnish an acceptable performance bond in the amount of thirty percent (30%) of the sale value with a minimum bond of one hundred dollars ($100). (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.021 - TIMBER SALES

Current through August 31, 2023
Timber sales exceed the net appraised value or volume for direct sales established by the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.026 - ANNUAL SALES PLAN

Current through August 31, 2023
The Department's annual sales plan will be presented to the Board for approval annually and upon approval made available to all interested parties. The plan may be altered to respond to changing market conditions or to expedite the sale of damaged or insect-infested forest products. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.031 - TIMBER SALE AUCTIONS

Current through August 31, 2023
01.
Requirements
. Timber and Delivered Products sales must be sold at public auction. (4-6-23)
02.
Requirements for Bidding
. Bidders must: (4-6-23)
a. Present a bid deposit in a form acceptable to the State in the amount of ten percent (10%) of the net appraised value. (4-6-23)
b. Not be delinquent on any payments to the State at the time of sale. (4-6-23)
c. Not be a minor as defined in Section  32-101, Idaho Code. (4-6-23)
d. If a foreign corporation, have a completed and accepted foreign registration statement with the secretary of state and comply with Title 30, Chapter 21, Part 5, Idaho Code in order to do business in Idaho and be eligible to bid on and purchase State timber. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.032 - INITIAL DEPOSIT AND BONDS

Current through August 31, 2023
01.
Initial Deposit
. The initial deposit (ten percent (10%) of net sale value) is paid in cash and retained by the state as a cash reserve for the duration of the contract; the purchaser is not entitled to any interest earned thereon. All or a portion of the initial deposit may be applied to charges as the contract nears completion. Any remaining initial deposit will be forfeited in the event the contract is terminated without being completed. (4-6-23)
02.
Performance Bond
. A bond of sufficient amount to ensure compliance with he terms and conditions of the sale contract or fifteen percent (15%) of the net sale value of the forest products (whichever is greater) must be executed within thirty (30) days from the date of sale and prior to contract execution. Failure to fully perform the contract may result in forfeiture of all or part of the performance bond. (4-6-23)
03.
Payment Bond
. Prior to cutting any forest products, the purchaser must provide a bond acceptable to the Department as assurance of payment for products to be cut or removed, or both, within the succeeding ninety (90) days. The Department will determine the payment bond amount on delivered product sales. Failure to make full and timely payment per contract terms may result in forfeiture of all or a portion of the payment bond. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.041 - STUMPAGE AND INTEREST PAYMENT

Current through August 31, 2023
The Department will prepare and forward to the purchaser a monthly stumpage summary of forest products measured during the prior month and a statement of account. The statement will include interest computed from the date of sale to the date of the billing at a rate specified in the contract. The purchaser must make payments within thirty (30) days of the end of the billing period or the payment is considered delinquent. Interest will not be charged on delivered product sales. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.042 - TIMBER SALE CANCELLATION

Current through August 31, 2023
It is the purchaser's responsibility to initiate cancellation by submitting a written request to the applicable supervisory area office. Once the cancellation process has finished, any credit balances and all cash bonds will be returned and/or transferred to other timber sale accounts within forty-five (45) days, as requested by the purchaser. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.02.14 - RULES FOR SELLING FOREST PRODUCTS ON STATE-OWNED ENDOWMENT LANDS › Section 20.02.14.043 - PREMATURE TIMBER SALE TERMINATION

Current through August 31, 2023
01.
Request
. A timber sale purchaser may, for reasons of hardship, make written request to terminate a timber sale contract before harvesting is completed. In such cases, the Board will determine if a hardship exists and if the contract should be terminated. (4-6-23)
02.
Termination Policy
. (4-6-23)
a. The Board may authorize premature termination of any sale under any terms considered reasonable and appropriate. Any remaining amount of the ten percent (10%) initial deposit will be retained in full and applied towards assessed damages and may not be used as payment for forest products cut and/or removed. Assessed damages in excess of the initial deposit will be applied against the performance bond. (4-6-23)
b. The following damages will be assessed by the Board for premature sale terminations. The Board will seek payment: (4-6-23)
i. Of the value of the overbid for the uncut residual volume. For example, if white pine had been bid up by five dollars ($5) per thousand board feet over the appraised price and there are one hundred thousand (100,000) board feet of white pine remaining on the sale area, the purchaser will be assessed five hundred dollars ($500) upon termination. (4-6-23)
ii. Of the accrued stumpage interest due the endowed institutions based on the interest rate specified in the contract and calculated on all remaining volume from the date of sale to the date the Board approved termination of the contract. (4-6-23)
iii. For any credits given for developments that remain incomplete at the time of termination. (4-6-23)
iv. For estimated Department costs associated with reoffering the timber sale. (4-6-23)
v. For other expenses including, but not limited to, legal costs and Department staff time. (4-6-23)
c. If logging has occurred on the sale, the purchaser must complete the units that have been partially logged according to contract standards and complete all development work as specified in the contract to the extent of allowances that have been credited to the purchaser. (4-6-23)
d. The purchaser who has terminated a timber sale contract is not eligible to rebid that particular sale unless specifically authorized to do so by the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated by the Idaho State Board of Land Commissioners pursuant to Section  47-1316, Idaho Code. The Board has delegated to the Director of the Department of Lands ("department") the duties and powers under the act and these rules; provided that the Board retains responsibility for approval of permit and administrative review. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.01 "Rules Governing Dredge and Placer Mining Operations in Idaho." (3-18-22)
02.
Scope
. These rules constitute the Idaho Department of Lands' administrative procedures for implementation of the Idaho Dredge and Placer Mining Protection Act with the intent and purpose to protect the lands, streams and watercourses within the state, from destruction by dredge mining and by placer mining, and to preserve the same for the enjoyment, use and benefit of all of the people, and that clean water in the streams of Idaho is in the public interest. (3-18-22)