reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.140 - BEST MANAGEMENT PRACTICES AND RECLAMATION FOR MINING OPERATION AND PERMANENT CLOSURE OF CYANIDATION FACILITIES

Current through August 31, 2023
These are the minimum standards expected for all activities covered by these rules. Specific standards for individual mines may be appropriate based on site specific circumstances, and must be described in the plan. (3-18-22)
01.
Nonpoint Source Control
. (3-18-22)
a. Appropriate BMPs for nonpoint source controls will be designed, constructed, and maintained with respect to site-specific mining operations or permanent closure activities. Operators shall utilize BMPs designed to achieve state water quality standards and to protect existing beneficial uses of adjacent waters of the state. State water quality standards, as administered by DEQ, is the standard that must be achieved by BMPs. (3-18-22)
b. If the BMPs utilized by the operator do not result in compliance with Subsection  140.01.a., the director shall require the operator to modify or improve such BMPs to meet the controlling, water quality standards as set forth in current laws, rules, and regulations. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.150 - TERMINATION OF A PLAN

Current through August 31, 2023
01.
Terminate upon Request of the Operator
. A reclamation plan shall terminate upon request of the operator, upon inspection by the director, and a determination that all reclamation activity has been completed to the standards specified in the plan, and following final approval by the director. Upon termination, the director will release the remaining financial assurance, notify the operator, and any authority to conduct any mining operations under the subject plan shall terminate. (3-18-22)
02.
Terminate a Permanent Closure Plan
. The director shall terminate a permanent closure plan upon request of the operator, provided all the provisions and objectives of the permanent closure plan have been met, as determined by the director under Sections  111  and  112  of these rules. Upon a determination that permanent closure has been completed in accordance with the approved permanent closure plan and upon consultation with the DEQ that the operator's request to terminate a plan should be approved, the director will notify the operator that any authority to continue cyanidation operations shall cease and he will release the balance of the financial assurance in accordance with Subsection  120.20. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.155 - FIVE (5) YEAR UPDATES AND PERIODIC INSPECTIONS

Current through August 31, 2023
01.
Five (5) Year Updates
. The Department may require operators to submit an update on their mining operation at least every five (5) years. The update will be on a Department form, and will be used to assist the Department in determining whether or not adjustments are needed for financial assurance or if a plan amendment is required due to a material change. Failure by an operator to complete the form and return it to the Department, or an operator providing false statements on the form, may result in the penalties in Section  47-1513(g), Idaho Code. (3-18-22)
02.
Right of Inspection
. Authorized representatives of the Department have the right to enter upon lands affected or proposed to be affected by exploration, mining operations, or cyanidation facilities to determine compliance with the reclamation or permanent closure plans and these rules. Inspections will be conducted at reasonable times in the presence of the operator or his authorized representative. The operator shall make such a person available for the purpose of inspection. This rule does not prevent the Department from making an inspection of the site if the operator fails to make a representative available on request. (3-18-22)
03.
Frequency of Inspection
. (3-18-22)
a. Mining operations with an approved reclamation plan will be inspected at least once every five (5) years to determine compliance with the approved plan and adequacy of the financial assurance. Inspections may need to be more frequent due to the large size, rapid pace of mining, complexity of an operation, or high financial assurance. (3-18-22)
b. Cyanidation facilities with an approved permanent closure plan will be inspected as often as is needed, but at least once a year. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.160 - ENFORCEMENT AND FAILURE TO COMPLY

Current through August 31, 2023
01.
Financial Assurance Forfeiture
. Upon request by the director, the attorney general may institute proceedings to have the financial assurance for reclamation or permanent closure forfeited for violation of an order entered pursuant to Section  47-1513, Idaho Code and these rules. (3-18-22)
02.
Civil Penalty
. An operator with no financial assurance, or an operator who violates these rules by performing an act which is not included in an approved reclamation plan or an approved permanent closure plan that is not subsequently approved by the Department, will be subject to a civil penalty as authorized by Section  47-1513(c), Idaho Code. (3-18-22)
03.
Injunctive Procedures
. The director may seek injunctive relief and proceed with legal action, if necessary, to enjoin a mine operator or cyanidation facility operator who violates the provisions of the chapter, these rules, or the terms of an existing approved reclamation or permanent closure plan. Any such action will follow the procedures established in Section  47-1513, Idaho Code. (3-18-22)
04.
Appeal of Final Order
. An operator dissatisfied with a final order of the Board may within sixty (60) days after receiving the order, file an appeal in accordance with Section  47-1514, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.170 - COMPUTATION OF TIME

Current through August 31, 2023
Computation of time will be based on calendar days. In computing any period of time prescribed by the chapter, the day on which the designated period of time begins is excluded. The last day of the period is included unless it is a Saturday, Sunday or legal holiday when the Department is not open for business. In such a case, the time period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays or legal holidays are excluded from the computation when the period of prescribed time is seven (7) days or less. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.180 - PUBLIC AND CONFIDENTIAL INFORMATION

Current through August 31, 2023
01.
Information Subject to Disclosure
. Information obtained by the Department pursuant to the chapter and these rules is subject to disclosure under Title 74, Chapter 1, Idaho Code ("Public Records Act"). (3-18-22)
02.
Use by Board
. Any plans, documents, or materials submitted as confidential and held as such shall not prohibit the Board, director, or Department from using the information in an administrative hearing or judicial proceeding initiated pursuant to Section  47-1514, Idaho Code. (3-18-22)
03.
Plans and BMPs
. An operator will not unreasonably designate as confidential portions of reclamation or permanent closure plans which detail proposed BMPs to meet state surface and ground water quality standards. Confidential portions of reclamation or permanent closure plans may be shared with DEQ in its coordinating role under these rules, as reasonably necessary. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.190 - DEPOSIT OF FORFEITURES AND DAMAGES

Current through August 31, 2023
All fees, penalties, forfeitures, and civil damages collected pursuant to the chapter, will be deposited with the state treasurer in the following accounts as appropriate: (3-18-22)
01.
Mine Reclamation Fund
. The mine reclamation fund to be used by the director for mined land reclamation purposes and to administer the reclamation provisions of the chapter and these rules. (3-18-22)
02.
Cyanidation Facility Closure Fund
. The cyanidation facility closure fund to be used by the director to complete permanent closure activities and to administer the permanent closure provisions of the chapter and these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.200 - COMPLIANCE OF EXISTING RECLAMATION PLANS

Current through August 31, 2023
01.
Plans Approved Prior to 2019
. Reclamation plans approved prior to July 1, 2019, or reclamation plans that have permanently ceased operations prior to July 1, 2019, are not subject to the 2019 legislative amendments to the chapter regarding financial assurance and post-closure. New reclamation plans or plan amendments received after July 1, 2019, will be subject to the 2019 legislative amendments to the chapter. (3-18-22)
02.
Plans Submitted in 2019
. Reclamation plan applications submitted prior to July 1, 2019, but not yet approved, have until July 1, 2020 to submit post-closure plans and financial assurances as described in the 2019 legislative amendments to the chapter. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated by the Idaho State Board of Land Commissioners under Sections  58-104(3) and (6), Idaho Code, and Title 47, Chapter 18, Idaho Code. The Board has delegated to the Director of the Idaho Department of Lands the duties and powers under Title 47, Chapter 18, Idaho Code and these rules, except that the Board retains responsibility for administrative review. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.03, "Rules Governing Administration of the Reclamation Fund," IDAPA 20, Title 03, Chapter 03. (3-18-22)
02.
Scope
. These rules constitute the Department's administrative procedures and participation criteria for the Reclamation Fund, which is an alternative form of financial assurance for certain mines in Idaho. These rules are to be construed in a manner consistent with the duties and responsibilities of the Board and of operators, permit holders, or lessees as set forth in Title 47, Chapter 7, Idaho Code, "Mineral Rights in State Lands;" Title 47, Chapter 13, Idaho Code, "Dredge Mining;" Title 47, Chapter 15, Idaho Code, "Mined Land Reclamation;" Title 47, Chapter 18, Idaho Code, "Financial Assurance;" IDAPA 20.03.01, "Dredge and Placer Mining Operations in Idaho;" IDAPA 20.03.02, "Rules Governing Mined Land Reclamation;" and IDAPA 20.03.05, "Riverbed Mineral Leasing In Idaho." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Any person aggrieved by a final agency action or a party aggrieved by a final order of the Board arising from its administration of the Reclamation Fund Act is entitled to judicial review pursuant to the provisions of Title 67, Chapter 52, Idaho Code, "Administrative Procedure Act," and IDAPA 20.01.01, "Rules of Practice and Procedure Before the State Board of Land Commissioners." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.016 - REQUIRED PARTICIPANTS

Current through August 31, 2023
Any operator, with the exception of the mines and operators listed in Section  017  of these rules, shall be required to provide alternative financial assurance through the Reclamation Fund to assure the reclamation of disturbed acres or affected lands. Alternative financial assurance pursuant to the Reclamation Fund Act is in lieu of other types of financial assurance as set forth in the Mined Land Reclamation Act, the Mineral Leasing Act, or the Dredge Mining Act. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.017 - INELIGIBLE MINES OR OPERATORS

Current through August 31, 2023
The following types of mines and operators are not allowed to participate in the Reclamation Fund and must file proof of other acceptable financial assurance as required by the Department. (3-18-22)
01.
Disturbed Acres Limit
. A mine or mineral lease with un-reclaimed disturbed acres in excess of the actual allowable disturbance may not provide alternative financial assurance through the Reclamation Fund. Unreclaimed disturbance is that which does not meet the final financial assurance release criteria in the Dredge Mining Act, the Mined Land Reclamation Act or a mineral lease. (3-18-22)
02.
Reclamation Cost Limit
. Operators with an estimated reclamation cost in excess of the actual allowable reclamation cost, regardless of the disturbed acres. (3-18-22)
03.
Phosphate Mines
. Operators or mineral lessees of phosphate mines. (3-18-22)
04.
Hardrock Mines
. Operators or mineral lessees of hardrock mines such as gold, silver, molybdenum, copper, lead, zinc, cobalt, and other precious metal mines. (3-18-22)
05.
Potential Heavy Metal Releases
. Operators of mines with a reasonable potential to release heavy metals or other substances harmful to human health or the environment, but not including substances such as fuels and other materials commonly used in excavation or construction. (3-18-22)
06.
Oil and Gas Conservation
. Oil and gas exploration and development under Title 47, Chapter 3, Idaho Code. (3-18-22)
07.
Oil and Gas Leasing
. Oil and gas leases and associated exploration and development under Title 47, Chapter 8, Idaho Code. (3-18-22)
08.
Geothermal
. Operators or mineral lessees of geothermal wells and development under Title 47, Chapter 16, Idaho Code. (3-18-22)
09.
Off Lease Exploration
. Motorized exploration on state lands that are not under a mineral lease or exploration location. (3-18-22)
10.
Violators
. Mines or operators in violation of the Reclamation Fund Act, Dredge Mining Act, Mined Land Reclamation Act, Mineral Leasing Act, or a mineral lease. (3-18-22)
11.
Reclamation Fund Forfeitures
. Operators, permittees or lessees who have not reimbursed the Reclamation Fund for a forfeiture from the Reclamation Fund due to their violations of the Reclamation Fund Act, Dredge Mining Act, Mined Land Reclamation Act, Mineral Leasing Act, or a mineral lease. (3-18-22)
12.
Other Forfeitures
. An operator who has forfeited any financial assurance. (3-18-22)
13.
Operators Providing Acceptable Financial Assurance
. An operator who provides proof of financial assurance accepted by the Department that is greater than or equal to the minimum dollar per acre for each acre of affected land at a mine. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.018 - ACREAGE AND RECLAMATION COST LIMITATIONS

Current through August 31, 2023
01.
Actual Allowable Participation
. The Board will establish by policy the actual allowable disturbance, actual allowable reclamation cost, and the minimum dollar per acre of disturbance in order to provide financial assurance to opt out of participation in the Reclamation Fund. (3-18-22)
02.
Maximum Disturbance and Reclamation Cost
. The maximum disturbance and maximum reclamation costs in these rules are maximums. The maximum allowable disturbance is eighty (80) acres; the maximum allowable reclamation cost is four hundred forty thousand dollars ($440,000). (3-18-22)
03.
Multiple Plans or Permits
. An operator who has multiple mining reclamation plans or permits that have a total disturbance in excess of the actual allowable disturbance, or with total reclamation costs in excess of the actual allowable reclamation cost, may participate in the Reclamation Fund with one (1) or more sites that together contain less than both of the Board-established actual allowable limits. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.019 - OPTIONAL PARTICIPATION

Current through August 31, 2023
Operators who have one (1) or more mines or mineral leases that are ineligible to participate in the Reclamation Fund as set forth in Section  017  or  018  of these rules may choose to not participate in the Reclamation Fund with respect to all other eligible mines or mineral leases in their name. An operator who does not participate in the Reclamation Fund must secure all mines with other types of financial assurance approved by the Department. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.020 - FEDERAL AGENCY NON-ACCEPTANCE OF RECLAMATION FUND

Current through August 31, 2023
If a federal agency will not accept an operator's participation in the Reclamation Fund as proof of reclamation security, the operator will be required to provide the Department with proof of other types of financial assurance acceptable to the Department. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.026 - PAYMENT

Current through August 31, 2023
01.
Board Approved Payment Schedule
. The Board will adopt a payment schedule that determines the annual Reclamation Fund payment for each operator participating in the Reclamation Fund. Any changes to the payment schedule will be approved by the Board. Participating operators shall pay all required payments annually. (3-18-22)
02.
Acreage Calculation
. The annual payment for each participant in the Reclamation Fund will be established based upon the number of disturbed acres at each mine. The acres used to calculate the annual payment will include the total current disturbed acres of affected lands and the acres planned to be disturbed or affected during the next twelve (12) months. The total acreage calculation will not be rounded when determining annual payments. (3-18-22)
03.
Annual Payments Non-Refundable
. Payments to the Reclamation Fund are non-refundable. Payments will be billed annually and, if not timely paid, will accrue late fees and interest as established by the Board. New participants will be assessed a pro-rated payment based on the Department's established billing cycle. (3-18-22)
04.
Supplemental Payments
. If an operator affects more acreage than the acreage secured through the Reclamation Fund for a current period, the Department may require supplemental Reclamation Fund payments. (3-18-22)
05.
Assignment
. When a mineral lease, mining reclamation plan, or permit is assigned, all financial assurance requirements must be assumed by the new operator. No Reclamation Fund payments will be refunded following an assignment. If the new operator is ineligible to participate in the Reclamation Fund, the new operator must provide proof of other acceptable financial assurance before the assignment may be approved. (3-18-22)
06.
Non-Payment Constitutes Lack of Bonding
. For any operator participating in the Reclamation Fund, non-payment of the annual payment shall be considered a failure to provide financial assurance as required by the Dredge Mining Act, the Mined Land Reclamation Act, Mineral Leasing Act, or a mineral lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.03 - RULES GOVERNING ADMINISTRATION OF THE RECLAMATION FUND › Section 20.03.03.031 - ENFORCEMENT AND FAILURE TO COMPLY

Current through August 31, 2023
01.
Forfeiture
. Prior to withdrawing monies from the Reclamation Fund due to a violation of the Dredge Mining Act, the Mined Land Reclamation Act, Mineral Leasing Act, or a mineral lease, the Department will comply with the respective financial assurance forfeiture procedures. (3-18-22)
02.
Penalties
. If an operator fails to provide financial assurance as required by these rules or has forfeited monies from the Reclamation Fund and has not repaid those monies, the Board shall be authorized to file liens against personal property and equipment of the operator to recover costs. The operator shall be liable for actual costs of all unpaid annual payments, interest, and late payment charges, the actual reclamation costs, and administrative costs incurred by the Department in reclaiming the disturbed or affected lands. Authorization to obtain a lien under these rules and Section  47-1804, Idaho Code, shall be in addition to, not in lieu of, any other legal remedy available to the Board and the Department pursuant to the Dredge Mining Act, Mined Land Reclamation Act, Mineral Leasing Act, or a mineral lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authorities of Sections  58-104(6),  58-104(9),  58-105, and  58-127, Idaho Code; Title 58, Chapter 13, Idaho Code; and Title 67, Chapter 52, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.04, "Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho." (3-18-22)
02.
Scope
. These rules govern encroachments on, in, or above navigable lakes in the state of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Any person aggrieved by any final decision or order of the board is entitled to judicial review pursuant to the provisions of Title 67, Chapter 52, Idaho Code, IDAPA 20.01.01, Title 58, Chapter 13, Sections  58-1305  and 581306, Idaho Code, and Sections  025,  030, and  080  of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.003 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into these rules: (3-18-22)
01.
IDAPA 24.39.10, "Rules of the Idaho Electrical Board."
IDAPA 24.39.10 is available at
https://adminrules.idaho.gov/rules/current/24/243910.pdf
. (3-18-22)
02.
IDAPA 24.39.20, "Rules Governing Plumbing."
This rule is available at
https://adminrules.idaho.gov/rules/current/24/243920.pdf
. (3-18-22)
03.
33 CFR Part 62 , revised as of July 27, 2015 (United States Aids to Navigation System)
. The Electronic Code of Federal Regulations (eCFR) is available at
http://www.ecfr.gov/cgi-bin/ECFR
. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.011 - ABBREVIATIONS

Current through August 31, 2023
01.
ATON
. Aids to Navigation. (3-18-22)
02.
HDPE
. High-Density Polyethylene. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.012 - POLICY

Current through August 31, 2023
01.
Environmental Protection and Navigational or Economic Necessity
. It is the express policy of the State of Idaho that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. Moreover, it is the responsibility of the State Board of Land Commissioners to regulate and control the use or disposition of state-owned lake beds, so as to provide for their commercial, navigational, recreational or other public use. (3-18-22)
02.
No Encroachments Without Permit
. No encroachment on, in or above the beds or waters of any navigable lake in the state may be made unless approval has been given as provided in these rules. An encroachment permit does not guarantee the use of public trust lands without appropriate compensation to the state of Idaho. (3-18-22)
03.
Permitting of Existing Encroachments
. (3-18-22)
a. The provisions of Title 58, Chapter 13, Section  58-1312, Idaho Code, apply. (3-18-22)
b. Any new encroachments, or any unpermitted encroachments constructed after January 1, 1975, are subject to these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.015 - ENCROACHMENT STANDARDS

Current through August 31, 2023
01.
Single-Family and Two-Family Docks
. The following parameters govern the size and dimensions of single-family docks and two-family docks. (3-18-22)
a. No part of the structure waterward of the natural or ordinary high water mark or artificial high water mark may exceed ten (10) feet in width, excluding the slip cut out. (3-18-22)
b. Total surface decking area waterward of the natural or ordinary or artificial high water mark may not exceed seven hundred (700) square feet, including approach ramp and walkway for a single-family dock and may not exceed one thousand one hundred (1,100) square feet, including approach ramp and walkway for a two-family dock. (3-18-22)
c. No portion of the docking facility may extend beyond the line of navigability. Shorter docks are encouraged whenever practical and new docks normally will be installed within the waterward extent of existing docks or the line of navigability. (3-18-22)
d. A variance to the standards in this Subsection  015.01  may be approved by the Department when justified by site specific considerations, such as the distance to the established line of navigability. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.025 - PROCESSING OF APPLICATIONS FOR SINGLE-FAMILY AND TWO-FAMILY NAVIGATIONAL ENCROACHMENTS WITHIN LINE OF NAVIGABILITY

Current through August 31, 2023
01.
Single-Family and Two-Family Navigational Encroachments
. Applications for single-family and two-family navigational encroachments not extending beyond the line of navigability will be processed with a minimum of procedural requirements and shall not be denied except in the most unusual of circumstances. No newspaper publication, formal appearance by the applicant, or hearing is contemplated. (3-18-22)
02.
Notification of Adjacent Littoral Owners
. The department will provide a copy of the application to the littoral owners immediately adjacent to the applicant's property. If the applicant owns one (1) or more adjacent lots, the department shall notify the owner of the next adjacent lot. If the proposed encroachment may infringe upon the littoral rights of an adjacent owner, the department will provide notice of the application by certified mail, return receipt requested; otherwise, the notice will be sent by regular mail. Notification will be mailed to the adjacent littoral owners' usual place of address, which, if not known, will be the address shown on the records of the county treasurer or assessor. The applicant may submit the adjacent littoral owners' signatures, consenting to the proposed encroachment, in lieu of the department's notification. (3-18-22)
03.
Written Objections
. (3-18-22)
a. If an adjacent littoral owner files written objections to the application with the department within ten (10) days from the date of service or receipt of notice of the completed application, the department shall fix a time and a place for a hearing. In computing the time to object, the day of service or receipt of notice of the application shall not be counted. Objections must be received within the ten (10) day period by mail or hand delivery in the local department office or the director's office in Boise. If the last day of the period is Saturday, Sunday or a legal holiday, the time within which to object shall run until the end of the first business day thereafter. (3-18-22)
b. The applicant and any objectors may agree to changes in the permit that result in the objections being withdrawn. Department employees may facilitate any such agreement. Participation by department personnel in this informal mediation shall not constitute a conflict of interest for participation in the hearing process. A withdrawal of objections must be in writing, completed prior to a scheduled hearing, and contain: (3-18-22)
i. Signatures of the applicant and the objecting party; (3-18-22)
ii. A description of the changes or clarifications to the permit that are acceptable to the applicant, the objecting party, and the department. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.030 - PROCESSING OF APPLICATIONS FOR ALL OTHER TYPES OF ENCROACHMENTS

Current through August 31, 2023
01.
Nonnavigational, Community, and Commercial Navigational Encroachments
. Within ten (10) days of receiving a complete application for a nonnavigational encroachment, a community dock, a commercial navigational encroachment, or a navigational encroachment extending beyond the line of navigability, the Department will cause to be published a notice of application once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the encroachment is proposed. If, however, the Director orders a hearing on the application within the time for publication of the above notice, the Department will dispense with publication of the notice of the application and proceed instead to publish a notice of the public hearing as provided in Subsection  030.05. Applications for installation of buried or submerged water intake lines and utility lines are exempt from the newspaper publication process. (3-18-22)
02.
Encroachments Not in Aid of Navigation
. Encroachments not in aid of navigation in navigable lakes will normally not be approved by the Department and will be considered only in cases involving major environmental, economic, or social benefits to the general public. Approval under these circumstances is authorized only when consistent with the public trust doctrine and when there is no other feasible alternative with less impact on public trust values. (3-18-22)
03.
Notifications
. Upon request or when the Department deems it appropriate, the Department may furnish copies of the application and plans to federal, state and local agencies and to adjacent littoral owners, requesting comment on the likely effect of the proposed encroachment upon adjacent littoral property and public trust values such as navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality, etc. (3-18-22)
04.
Written Comments or Objections
. Within thirty (30) days of the first date of publication, an agency, adjacent littoral owner or lessee, or any resident of the state of Idaho may do one (1) of the following: (3-18-22)
a. Notify the Department of their opinions and recommendation, if any, for alternate plans they believe will be economically feasible and will accomplish the purpose of the proposed encroachment without unreasonably adversely affecting adjacent littoral property or public trust values; or (3-18-22)
b. File with the Department written objections to the proposed encroachment and request a public hearing on the application. The hearing must be specifically requested in writing. Any person or agency requesting a hearing on the application must deposit and pay to the Department an amount sufficient to cover the cost of publishing notice of hearing provided in Subsection  030.05. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.035 - TEMPORARY PERMITS

Current through August 31, 2023
01.
Applicability
. Temporary permits are used for construction, temporary activities related to permitted encroachments, or other activities approved by the Department. (3-18-22)
02.
Permit Term
. These permits are generally issued for less than one (1) year, but longer terms may be approved by the Department and permits may be extended with Department approval. (3-18-22)
03.
Bonding
. The Department may require bonds for temporary permits. (3-18-22)
04.
Fee
. The board sets fees for temporary permits, but the fees will not be greater than the amounts listed for the respective permit types in Subsection  020.07. Fee information is available on the Internet at
www.idl.idaho.gov
. (3-18-22)
05.
Processing
. These permits may be advertised if the Department deems it appropriate, with the applicant paying the advertising fee as per Subsection  020.07. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.050 - RECORDATION

Current through August 31, 2023
Recordation of an issued permit in the records of the county in which an encroachment is located is a condition of issuance of a permit and proof of recordation must be furnished to the Department by the permittee before a permit becomes valid. Such recordation is at the expense of the permittee. Recordation of an issued permit serves only to provide constructive notice of the permit to the public and subsequent purchasers and mortgagees, but conveys no other right, title, or interest on the permittee other than validation of said permit. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.055 - LEASES AND EASEMENTS

Current through August 31, 2023
01.
Lease or Easement Required
. As a condition of the encroachment permit, the Department may require a submerged land lease or easement for use of any part of the state-owned bed of the lake where such lease or easement is required in accordance with "Rules Governing Leases on State-owned Submerged Lands and Formerly Submerged Lands," IDAPA 20.03.17, or "Rules For Easements On State-owned Submerged Lands And Formerly Submerged Lands," IDAPA 20.03.09. A lease or easement may be required for uses including, but not limited to, commercial uses. Construction of an encroachment authorized by permit without first obtaining the required lease or easement constitutes a trespass upon state-owned public trust lands. This rule is intended to grant the state recompense for the use of the state-owned bed of a navigable lake where reasonable and it is not intended that the Department withhold or refuse to grant such lease or easement if in all other respects the proposed encroachment would be permitted. (3-18-22)
02.
Seawalls, Breakwaters, Quays
. Seawalls, breakwaters, and quays on or over state-owned beds, designed primarily to create additional land surface, will be authorized, if at all, by an encroachment permit and submerged land lease or easement, upon determination by the Department to be an appropriate use of submerged lands. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.060 - INSTALLATION

Current through August 31, 2023
01.
Installation Only After Permit Issued
. Installation or on site construction of an encroachment may commence only when the permit is issued or when the department notifies the applicant in writing that installation may be commenced or when the department has failed to act in accordance with Subsection  025.07. (3-18-22)
02.
Removal of Construction Waste
. (3-18-22)
a. Pilings, anchors, old docks, and other structures or waste at the site of the installation or reinstallation and not used as a part of the encroachment shall be removed from the water and lakebed at the time of the installation or reinstallation to a point above normal flood water levels; provided, however, that this shall not be construed to prevent the use of trash booms for the temporary control of floatable piling ends and other floatable materials in a securely maintained trash boom, but approval for a trash boom shall be required as part of a permit. (3-18-22)
b. Demolition of encroachments shall be done in a manner that does not unnecessarily damage the lakebed or shoreline. Demolition work must comply with water quality standards administered by the Department of Environmental Quality. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.065 - ASSIGNMENTS

Current through August 31, 2023
01.
Assignment of Encroachment Permit
. Encroachment permits may be assigned upon approval of the department provided that the encroachment conforms with the approved permit. The assignor and assignee must complete a department assignment form and forward it to the appropriate area office. (3-18-22)
02.
Assignment Fee
. The assignment fee is three hundred dollars ($300) and is due at the time the assignment is submitted to the department. (3-18-22)
03.
Approval Required for Assignment
. An assignment is not valid until it has been approved by the department. (3-18-22)
04.
Assignment With New Permit
. Encroachments not in compliance with the approved permit may be assigned only if: (3-18-22)
a. An application for a new permit to correct the noncompliance is submitted at the same time. (3-18-22)
b. The assignee submits written consent to bring the encroachment permit into compliance. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.070 - MISCELLANEOUS

Current through August 31, 2023
01.
Water Resources Permit
. A permit to alter a navigable stream issued by the Department of Water Resources pursuant to Title 42, Chapter 38, Idaho Code, may, in appropriate circumstances, contain language stating the approval of the Department of Lands to occupy the state-owned bed of the navigable stream. (3-18-22)
02.
Dredge and Placer Mining
. Department authorization is required for dredge and placer mining in the lands, lakes and rivers within the state, whether or not the state owns the beds, pursuant to Title 47, Chapter 13, Idaho Code. (3-18-22)
03.
Mineral Leases
. Littoral rights do not include any right to remove bed materials from state-owned lakebeds. Applications to lease minerals, oil, gas and hydrocarbons, and geothermal resources within the state-owned beds of navigable lakes will be processed by the Department pursuant to Title 47, Chapters 7, 8 and 16, Idaho Code, and rules promulgated thereunder. (3-18-22)
04.
Other Laws and Rules
. The permittee must comply with all other applicable state, federal and local rules and laws insofar as they affect the use of public trust resources. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.04 - RULES FOR THE REGULATION OF BEDS, WATERS, AND AIRSPACE OVER NAVIGABLE LAKES IN THE STATE OF IDAHO › Section 20.03.04.080 - VIOLATIONS - PENALTIES

Current through August 31, 2023
01.
Cease and Desist Order
. When the Department determines that a violation of these rules is occurring due to the ongoing construction of an unauthorized encroachment or an unauthorized modification of a permitted encroachment, it may provide the landowner, contractor, or permittee with a written cease and desist order that consists of a short and plain statement of what the violation is, the pertinent legal authority, and how the violation may be rectified. This order will be served by personal service or certified mail. The cease and desist order is used to maintain the status quo pending formal proceedings by the Department to rectify the violation. (3-18-22)
02.
Notice of Noncompliance/Proposed Permit Revocation
. When the Department determines that these rules have been violated, a cause exists for revocation of a lake encroachment permit, or both of these have occurred, it will provide the permittee or offending person with a notice of noncompliance/proposed permit revocation that consists of a short and plain statement of the violation including any pertinent legal authority. This notice also informs the permittee or offending person of what steps are needed to either bring the encroachment into compliance, if possible, or avoid revocation, or both. (3-18-22)
03.
Noncompliance Resolution
. The Department will attempt to resolve all noncompliance issues through conference with the permittee or other involved party. Any period set by the parties for correction of a violation is binding. If the Department is unsuccessful in resolving the violations, then the Department may pursue other remedies under Section  080  of these rules. (3-18-22)
04.
Violations
. The following acts or omissions subject a person to a civil penalty as allowed by Title 58, Chapter 13, Section  58-1308, Idaho Code: (3-18-22)
a. A violation of the provisions of Title 58, Chapter 13, Idaho Code, or of the rules and general orders adopted and applicable to navigable lakes; (3-18-22)
b. A violation of any special order of the Director applicable to a navigable lake; or (3-18-22)
c. Refusal to cease and desist from any violation in regards to a navigable lake after having received a written cease and desist order from the Department by personal service or certified mail, within the time provided in the notice, or within thirty (30) days of service of such notice if no time is provided. (3-18-22)
d. Willfully and knowingly falsifying any records, plans, information, or other data required by these rules. (3-18-22)
e. Violating the terms of an encroachment permit. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.000 - AUTHORITY

Current through August 31, 2023
01.
Statutory Authority
. These rules are promulgated by the Idaho State Board of Land Commissioners pursuant to Title 47 and 58, Chapters 7 and 1, Sections  47-710,  47-714  and  58-104, Idaho Code. (3-18-22)
02.
Discretionary Powers
. The Board of Land Commissioners is delegated discretionary power to regulate and control the use or disposition of lands in the beds of navigable lakes, rivers, and streams, to the natural or ordinary high water mark thereof, so as to provide for their commercial, navigational, recreational or other public use; provided that the Board will take no action in derogation of or seeking to interfere with the riparian or littoral rights of the owners of upland property abutting or adjoining such lands. (Section  58-104(9), Idaho Code). (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.05, "Riverbed Mineral Leasing in Idaho." (3-18-22)
02.
Where Applicable
. These rules apply to the exploration and extraction of precious metals, minerals, and construction materials from a placer deposit situated in state-owned submerged lands. (3-18-22)
03.
Where Not Applicable
. These rules do not apply to the application and leasing of geothermal resources by title 47, Chapter 16, Idaho Code, or to the application and leasing of oil and gas resources covered by Title 47, Chapter 8, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.010 - DEFINITIONS

Current through August 31, 2023
01.
Available State Lands
. All lands between the ordinary high water marks of a navigable river which have not been located, leased, or withdrawn. (3-18-22)
02.
Board
. The State Board of Land Commissioners or its authorized representative. (3-18-22)
03.
Casual Exploration
. Entry and/or exploration which does not appreciably disturb or damage the land or resources thereon. Casual exploration includes, but is not limited to, geochemical and/or geophysical exploration techniques, sampling with hand tools, and entry using wheeled vehicles for transportation to conduct such exploration. Exploration using suction dredges having an intake diameter of two inches (2") or less are considered casual exploration when operated in a perennial stream and authorized under the stream protection act, Title 42, Chapter 38, Idaho Code. Refer to Section  015  for further clarification regarding casual exploration and recreational mining. (3-18-22)
04.
Commercial
. The type of operation that engages in the removal of construction materials or uses suction dredges with an intake diameter larger than five inches (5") or attendant power sources rated at greater than fifteen (15) horsepower and/or other motorized equipment. (3-18-22)
05.
Construction Materials
. Sand, gravel, cobble, boulders, and other similar materials. (3-18-22)
06.
Director
. The Director of the Idaho Department of Lands or his authorized representative. (3-18-22)
07.
Motorized Exploration
. Exploration that may appreciably disturb or damage the land or resources thereon. Motorized exploration includes, but is not limited to, drilling, trenching, dredging, or other techniques that employ the use of earth moving or other motorized equipment, seismic operations using explosives, and sampling with suction dredges having an intake diameter greater than two inches (2") when operated in a perennial stream. When operated in an intermittent stream, suction dredges are considered motorized exploration regardless of the intake size. (3-18-22)
08.
Natural or Ordinary High Water Mark
. The line that the water impresses upon the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. (3-18-22)
09.
Person
. (3-18-22)
a. An individual of legal age; (3-18-22)
b. Any firm, association or corporation qualified to do business in the state of Idaho; or (3-18-22)
c. Any public agency or government unit, including without limitation, municipalities. (3-18-22)