reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.015 - CASUAL EXPLORATION AND RECREATIONAL MINING

Current through August 31, 2023
01.
Lands Open
. All beds of navigable rivers that have not been located, leased or withdrawn in accordance with statute or the terms of these rules, are free and open to casual exploration and recreational mining on a nonexclusive and first come basis. (3-18-22)
02.
Equipment Limitations
. Mining equipment for casual exploration that may occur prior to the filing of a location or lease application is limited to suction dredges with a two (2") inch intake or less, pans, rockers, hand tools, hand operated sluices and other similar equipment. (3-18-22)
03.
No Approval for Casual Exploration Required
. No written approval is required from the Director for casual exploration. (3-18-22)
04.
Recreational Mining Equipment
. Mining equipment for recreational mining is limited to suction dredges with an intake diameter of five (5") inches or less with attendant power sources rated at fifteen (15) horse power or less, pans, rockers, hand tools, hand operated sluices and other similar equipment. (3-18-22)
05.
Department of Water Resources Permits
. Possession of a valid Stream Protection Act Permit issued by the Idaho Department of Water Resources and a Recreational Mining Permit issued by the Idaho Department of Lands constitutes the Board's waiver of bond, waiver of royalty, and written approval to engage in recreational mining under Section  47-704(6), Idaho Code, and Title 47, Chapter 13, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.016 - EXPLORATION LOCATIONS

Current through August 31, 2023
01.
Lands Open
. The beds of navigable rivers that have not been located or withdrawn, or are not under application to lease, in accordance with statute or the terms of these rules, are available for exploration location; provided that salable minerals are not subject to exploration location. Details of exploration locations on state lands can be found in Title 47, Chapter 7, Idaho Code. (3-18-22)
02.
Size of Location
. Each exploration location is limited to one-half (1/2) mile in length. (3-18-22)
03.
Record Keeping Requirement
. A locator must keep a record of all minerals recovered during exploration operations and must pay to the state a royalty of five percent (5%) of the gross value of the minerals recovered. Payment must be made each year with the filing of the assessment work report. (3-18-22)
04.
When No Written Approval Required
. No written approval is required from the Director for exploratory activity on an exploration location when such exploration is limited to mining equipment such as suction dredges with a five (5") inch intake diameter or less and attendant power sources rated at fifteen (15) horsepower or less, pans, rockers, hand operated sluices, and other similar equipment; provided however, that recreational mining activity performed under a Recreational Mining Permit as authorized under Section  015  does not serve to establish any basis for an exploration location. (3-18-22)
05.
When Written Approval Required
. Written approval is required from the Director prior to entry for operators conducting motorized exploration except as allowed in Subsection  016.04. Approved operations must be bonded as outlined in Subsection  040.03. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.020 - RIVERBED MINERAL LEASE

Current through August 31, 2023
01.
Limitations on Suction Dredges
. Operators may not use suction dredges with an intake diameter larger than five inches (5") or attendant power sources rated greater than fifteen (15) horsepower, except under lease. (3-18-22)
02.
Approval Required Before Operations
. Prior to entry upon navigable rivers, operators are required to have written approval from the Director. (3-18-22)
03.
Bonding
. Approved operations must be bonded as outlined in Subsection  040.01. (3-18-22)
04.
Simultaneous Filings
. Two (2) or more lease applications received on the same date and hour, covering the same lands, are considered simultaneous filings. Simultaneous filings will be resolved by competitive bidding. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.025 - PUBLIC NOTICE AND HEARING

Current through August 31, 2023
01.
Publication of Notice
. Upon receipt by the Board of an application to lease any lands that may belong to the state of Idaho by reason of being situated between the high water marks of navigable rivers of the state, the Board will cause at the expense of the applicant, a notice of such application to be published once a week for two (2) issues in a newspaper of general circulation in the county or counties in which said lands described in said application are situated. (3-18-22)
02.
Public Hearing
. The Board may order a public hearing on an application if it deems this action is in the best interest of the public. (3-18-22)
03.
Petition for Hearing
. The Board or its authorized representative will hold a public hearing on the application, if requested in writing no later than thirty (30) days after the last published notice by ten (10) person whose lawful rights to use the waters applied for may be injured thereby, or by an association presenting a petition with signatures of not less than ten (10) such aggrieved parties; provided that the Board may order a public hearing in the first instance. The Board will consider fully all written and oral submissions respecting the application. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.030 - RENTAL AND ROYALTY AND LATE PAYMENTS

Current through August 31, 2023
01.
Minimum Annual Rental
. The minimum annual rental is one hundred sixty dollars ($160) for any area up to one hundred sixty (160) acres, and one dollar ($1) for each additional acre. (3-18-22)
02.
Minimum Annual Royalty
. In addition to the annual rental, the commercial lessee pays an annual minimum royalty of five hundred dollars ($500) per year and all other lessees pay an annual minimum royalty of three hundred forty dollars ($340) per year. (3-18-22)
03.
Deduction of Royalty
. The annual minimum royalty and the annual rental for any year is deducted from the actual production royalty as it accrues for that year. (3-18-22)
04.
Royalty Schedule
. The appropriate Board approved royalty schedule for the commodity mined must be attached and made a part of the mineral lease. (3-18-22)
05.
Late Payments
. Rental or royalty not paid by the due date is considered late. A twenty-five dollars ($25) late payment charge or penalty interest from the due date, whichever is greater, will be added to the rental or royalty amount. The penalty interest is one percent (1%) for each calendar month or fraction thereof. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.031 - SIZE AND COMPOSITION OF LEASABLE TRACT

Current through August 31, 2023
01.
One Mile Limitation
. A riverbed lease may not exceed one (1) contiguous river mile in length or all the riverbed within one (1) section should all the available state lands within the section exceed one (1) river mile. (3-18-22)
02.
Construction Materials
. Leases for construction materials may be limited to a smaller size tract at the Board's discretion. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.035 - ASSIGNMENTS

Current through August 31, 2023
01.
Prior Written Approval
. No location or lease assignment is valid until approved in writing by the Director, and no assignment takes effect until after the first day of the month following its approval. (3-18-22)
02.
Partition
. A location or lease may be assigned to any person qualified to hold a state location or lease, provided that in the event an assignment partitions leased lands between two (2) or more persons, both the assigned and the retained part created by the assignment contain not less than one-half (1/2) mile length of river bed land. (3-18-22)
03.
Segregation of Lease
. If an assignment partitions leased lands between two (2) or more persons, it must clearly segregate the assigned and retained portions of the leasehold. Resulting segregated leases continue in full force and effect for the balance of the term of the original lease or as further extended pursuant to statute and these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.040 - BOND

Current through August 31, 2023
01.
Minimum Bond
. Concurrent with the execution of the lease by the lessee, lessee must furnish to the Director a good and sufficient bond or undertaking on a Department form in the amount of five thousand dollars ($5,000) for commercial operations and one thousand dollars ($1,000) for all other operations, in favor of the state of Idaho, conditioned on the payment of all damages to the land and all improvements thereon which result from the lessee's operation and conditioned on complying with statute, these rules and the lease terms. This bond is in addition to the bonds required by the Idaho Dredge and Placer Mining Protection Act (Title 47, Chapter 13, Idaho Code). (3-18-22)
02.
Statewide Bond
. In lieu of the above bond, the lessee may furnish a good and sufficient "statewide" bond conditioned as above in the amount of fifty thousand dollars ($50,000) in favor of the state of Idaho, to cover all lessee's leases and operations carried on under statute and these rules. (3-18-22)
03.
Motorized Exploration
. Motorized exploration on a site under location is subject to a minimum bond in the amount of seven hundred fifty dollars ($750). A larger bond not exceeding seven hundred fifty dollars ($750) per acre may be required by the Department depending on the size and scope of the operation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.05 - RIVERBED MINERAL LEASING IN IDAHO › Section 20.03.05.045 - FEES

Current through August 31, 2023
The following fees apply: (3-18-22)
01.
Nonrefundable Application Fee for Lease
. Fifty dollars ($50) per application. (3-18-22)
02.
Nonrefundable Fee for Advertising Application
. Forty-five dollars ($45) per application. (3-18-22)
03.
Exploration Location Fee
. Two hundred fifty dollars ($250) per location. (3-18-22)
04.
Application Fee for Approval of Assignment
. Fifty dollars ($50) per lease or location involved in the assignment. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated pursuant to and are to be construed in a manner consistent with the duties and responsibilities of the Idaho State Board of Land Commissioners as set forth in Idaho Code Title 58, Chapters 1 and 6, and Article IX, Sections  7  and  8  of the Idaho Constitution. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.08, "Easements on State-Owned Lands." (3-18-22)
02.
Scope
. These rules set forth procedures concerning the issuance of easements on all lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned submerged lands and formerly submerged lands. Further, these rules do not apply to easements for hydroelectric projects. (3-18-22)
03.
Valid Existing Rights
. These rules are not be construed as affecting any valid existing rights. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) days after receipt of written notice of the Director's decision. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho State Board of Land Commissioners or such representative as may be designated by the Board. (3-18-22)
02.
Damage or Impairment of Rights to the Remainder of the Property
. The diminution of the market value of the remainder area, in the case of a partial taking. (3-18-22)
03.
Department
. The Idaho Department of Lands. (3-18-22)
04.
Director
. The Director of the Department of Lands or such representative as may be designated by the Director. (3-18-22)
05.
Easement
. A non-possessory interest in land for a specific purpose. Such interest may be limited to a specified term. (3-18-22)
06.
Endowment Lands
. Land grants made to the state of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether. (3-18-22)
07.
Market Value
. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, for which the property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (3-18-22)
08.
State-Owned Lands
. All lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned submerged lands or formerly submerged lands. (3-18-22)
09.
Temporary Permit
. An instrument authorizing a specific use on state land usually issued for five (5) years or less, but that may be issued for up to ten (10) years. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.020 - POLICY

Current through August 31, 2023
01.
Easements Required
. Easements are required for all rights-of-way of a permanent nature over state-owned land. Easements will not be granted when temporary permits will serve the required purpose or when a lease is appropriate. (3-18-22)
02.
Prior Grants
. The Director will recognize easements on state endowment lands by grant of the federal government, or subsequent landowners, prior to title vesting with the State or by eminent domain. (3-18-22)
03.
Existing Easements
. These rules do not apply to any use, facility or structure described in an existing easement. For amendment of an existing easement, see Section  025. (3-18-22)
04.
Director's Discretion
. The Director may grant an easement over state-owned land for any legitimate public or private purpose upon payment of appropriate compensation. (3-18-22)
05.
Reciprocal Easements
. The Director may seek reciprocal easements for access to state-owned lands from applicants for easements over state-owned lands. The value of the easement acquired by the state may be applied towards the cost of the easement acquired from the state. (3-18-22)
06.
Interest Granted
. An easement grants only such interest to the grantee as is specified in the instrument, including the right to use the property for the specified purpose without interference by the grantor. The right to use the property for all other purposes not inconsistent with the grantee's interest remains with the grantor. (3-18-22)
07.
Limit of Director's Discretion
. The Director may grant and renew easements in all cases except when the compensation will exceed twenty-five thousand dollars ($25,000) exclusive of the value of timber and payment for any damage or impairment of rights to the remainder of the property. (3-18-22)
08.
Width of Easement
. The width of any easement granted may not be less than eight (8) feet. (3-18-22)
09.
Recordation
. The Department will record the easement, or easement release, with the appropriate county recorder's office. (3-18-22)
10.
Term Easement
. The Director may grant an easement that is issued for a specific time period of ten (10) to fifty-five (55) years. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.021 - FEES AND COMPENSATION

Current through August 31, 2023
01.
Application Fee
. The application fee for new, renewed, or amended easements is one hundred dollars ($100) and is collected from all applicants. This application fee is in addition to the easement compensation and appraisal costs, and is non-refundable unless the Director determines that the land applied for is not under the jurisdiction of the Board. (3-18-22)
02.
Easement Fee
. The compensation for permanent easements over state-owned lands covered by these rules is as follows:
COMPENSATION
Highways, roads, railroads, reservoirs, trails, canals, ditches, or any other improvements that require long term, exclusive or near exclusive use and occupation of the right of way
Up to 100% of land value plus payment for any damage or impairment of rights to the remainder of the property as determined by the Director and supported by specific data such as an appraisal
Overhead transmission and power lines
Up to 100% of land value depending on the exclusivity of use as determined by the Director and supported by specific data such as an appraisal plus payment for any damage or impairment of rights to the remainder of the property as determined by the Director and supported by data such as an appraisal
Buried installations - cables, pipelines, sewerlines, waterlines
Up to 100% of land value, depending on the exclusivity use as determined by the Director and supported by specific data such as an appraisal plus payment for any damage or impairment of rights to the remainder of the property, as determined by the Director and supported by specific data such as an appraisal
(3-18-22)
03.
Appraisal Required
. An appraisal of an easement may be required where, in the opinion of the Director, the easement value will exceed the minimum compensation fee of five hundred dollars ($500). (3-18-22)
04.
Performance of Appraisal
. The appraisal of the easement will normally be performed by qualified department staff. If so desired by the applicant, and agreed to by the Director, the applicant may provide the appraisal that is acceptable to and meets the specifications set by the Director. (3-18-22)
05.
Appraisal Costs
. Where the appraisal is performed by department staff, the appraisal is two hundred fifty dollars ($250) for a market analysis, five hundred dollars ($500) for a short form appraisal, and one thousand dollars ($1,000) for appraisals of easements requiring Board approval. The appraisal cost is in addition to those costs outlined in Subsections  021.01  and  021.02. In no case will an applicant be charged more than one thousand dollars ($1000) for an appraisal of an easement conducted by departmental staff. (3-18-22)
06.
Term Easements
. Compensation for term easements will be established by appraisal. (3-18-22)
07.
Minimum Compensation
. The minimum compensation for any easement is five hundred dollars ($500), not including the application fee and appraisal costs. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.025 - EASEMENT AMENDMENT

Current through August 31, 2023
Amendment of an existing easement must be processed in the same manner as a new application. Amendment includes change of use, widening the easement area, or changing the location of the easement area. Amendment does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, cables, and culverts. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.030 - EMERGENCY WORK

Current through August 31, 2023
The grantee is authorized to enter upon endowment lands and other lands managed by the Department for the purpose of performing emergency repairs on an easement for damage due to floods, high winds and other acts of God, provided that the grantee provides written notice to the Director within forty-eight (48) hours of the time work commences. Thereupon, the Director is authorized to assess any damages to the state lands and seek reimbursement. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.035 - COOPERATIVE USE AND RECIPROCAL USE AGREEMENTS

Current through August 31, 2023
01.
Joint Agreements
. The Director may, subject to the approval of the Board, enter into joint ownership and use agreements with persons for roads providing access to state endowment lands and other lands managed by the Department. Such agreements must provide that all landowners share proportionately in the cost of building and maintaining the shared road. The proportionate shares are calculated on timber volume, acreage or other unit of value. (3-18-22)
02.
Reciprocal Use Agreements
. The Director may enter into reciprocal use agreements with persons for existing roads where such agreements will enhance the management of state endowment lands or other lands managed by the Department. (3-18-22)
03.
Applicability
. Where the Director has entered into such agreements mentioned in Subsections  035.01  and  035.02  above, Sections  021,  040, and  046  do not apply. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.040 - ASSIGNMENTS

Current through August 31, 2023
01.
Fee
. Easements issued by the Director or by the Board are assignable provided that the assignor and assignee complete the Department's standard assignment form and forward it and the non-refundable assignment fee of fifty dollars ($50) to any department office. (3-18-22)
02.
Prior Written Consent
. An assignment is not valid without the prior written consent of the Director. Such consent will not be unreasonably withheld. (3-18-22)
03.
Multiple Assignments
. If all state easements held by a grantee are assigned at one time, only one (1) assignment fee is required. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.041 - ABANDONMENT, RELINQUISHMENT, AND TERMINATION

Current through August 31, 2023
01.
Section  58-603, Idaho Code
. The provisions of Idaho Code Section  58-603  apply to all easements over state-owned lands. (3-18-22)
02.
Non-Use
. An easement not used for the purpose for which it was granted, for five (5) consecutive years, is presumed abandoned and automatically terminates. The Director will notify the grantee in writing of the termination. The grantee has thirty (30) days from the date of notification to reply in writing to the Director to show cause why the easement should be reinstated. Within sixty (60) days of receipt of the statement to show cause, the Director will notify the grantee in writing as to the Director's decision concerning reinstatement. The grantee has thirty (30) days of receipt of the Director's decision to appeal an adverse decision to the Board. (3-18-22)
03.
Removal of Improvements
. Upon termination, the grantee has twelve (12) months from the date of final notice to remove any facilities and improvements. (3-18-22)
04.
Voluntary Relinquishment
. The grantee may voluntarily relinquish the easement at any time by completing an easement relinquishment form. The Department will pay the grantee one dollar ($1) for the relinquishment. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.046 - PROCEDURE

Current through August 31, 2023
01.
Contents of Application
. An easement application contains. (3-18-22)
a. A letter of request stating the purpose of the easement; (3-18-22)
b. A map of right-of-way in triplicate; and (3-18-22)
c. One (1) copy of an acceptable written description based on a centerline survey or a metes and bounds survey of the perimeter of the easement tract. The applicant may also describe the area occupied by existing uses, facilities or structures by platting the state-owned land affected by the use and showing surveyed or scaled ties (to a legal corner) at the points where the use enters and leaves the parcel. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS › Section 20.03.08.047 - EASEMENTS ON STATE LAND UNDER LAND SALE CONTRACT

Current through August 31, 2023
01.
Approval of Contract Purchaser
. The Director will not approve an easement on lands under contract of sale (land sale certificate) without the approval of the contract sale purchaser or without reviewing the consideration received to insure that the state's interests are protected. (3-18-22)
02.
Compensation
. The compensation for easements on lands under land sale contract will be as set out in Section  021  except that "land value" may be the sale value. These moneys will be applied to the principal balance on the land sale contract. Additionally, the Department will collect the one hundred dollar ($100) application fee. (3-18-22)
03.
Co-Signature of Contract Purchaser
. The contract sale purchaser must co-sign the easement to validate the document. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated pursuant to, and are to be construed in a manner consistent with, the duties and responsibilities of the Board as set forth in Title 58, Chapters 1, 6, and 13, Idaho Code, and the Equal Footing Doctrine (Idaho Admission Act of July 3, 1890, 26 Stat. 215, Chapter 656). (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.001 - SCOPE

Current through August 31, 2023
These rules apply to the issuance of easements for all uses above, across, over, in, through, upon, and under the beds of navigable waterways, including dams that span the entire width of a state-owned navigable waterway regardless of the dam's purpose, with the following exceptions: (3-18-22)
01.
Small Water Delivery Structures
. Irrigation facilities, diversion facilities, temporary irrigation berms, headgates, and turnouts that do not span the entire width of the navigable waterway, and domestic water supply intake lines capable of drawing less than five (5) cubic feet per second of water; (3-18-22)
02.
Uses Authorized by Lease
. When a lease issued under IDAPA 20.03.17 is more usual and customary such as for marinas, docks, float homes, and similar facilities; and (3-18-22)
03.
Short Term Uses
. Temporary uses, facilities, and structures with a lifespan of ten (10) years or less that are authorized by revocable temporary permits. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) calendar days after receipt of written notice of the Director's decision. Failure to make said request within the thirty (30) day period constitutes a waiver of the applicant's right to a hearing before the Board. Pursuant to Title 67, Chapter 52, Idaho Code, the applicant may appeal an adverse decision of the Board. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The Idaho State Board of Land Commissioners or its designee. (3-18-22)
02.
Dam
. Any artificial barrier placed across a navigable river or stream. (3-18-22)
03.
Department
. The Idaho Department of Lands. (3-18-22)
04.
Director
. The Director of the Idaho Department of Lands or his designee. (3-18-22)
05.
Easement
. A non-possessory interest in land for a specific purpose including rights of way. Such interest may be limited to a specific timeframe. (3-18-22)
06.
Grantee
. The party to whom the easement is granted and their assigns and successors-in-interest. (3-18-22)
07.
Grantor
. The State of Idaho and its assigns and successors-in-interest (3-18-22)
08.
Hydroelectric Facilities
. The dam, diversion, penstock, transmission lines, water storage area, powerhouse and other facilities related to generating electric energy from water power. (3-18-22)
09.
Market Value
. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, that the property should bring in a competitive and open market under all conditions requisite to an arm's-length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (3-18-22)
10.
Natural or Ordinary High Water Mark
. The line that the water impresses upon the soil by covering it for sufficient periods of time to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by human activity, the natural or ordinary high water mark will be located where it would have been if this alteration had not occurred. (3-18-22)
11.
Person
. An individual, corporation, partnership, limited liability company, association, trust, unincorporated organization or other legal entity qualified to do business in the state of Idaho, and any federal, state, county, or local unit of government. (3-18-22)
12.
State-Owned Navigable Waterways and Navigable Waterways.
As used in these rules, the beds of all navigable waterways up to the natural or ordinary high water mark as of the date Idaho was admitted into statehood. This includes any such bed that was formerly submerged and subsequently filled, and is now uplands because of human activity (e.g., dikes, berms, jetties) or by natural processes, and includes islands within navigable waterways resulting from human activity or by natural processes. (3-18-22)
13.
Temporary Permit
. A revocable instrument authorizing a specific use on navigable waterways usually issued for five (5) years or less, but that may be issued for up to ten (10) years. (3-18-22)
14.
Uplands
. The land bordering on navigable waterways. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.011 - POLICY

Current through August 31, 2023
01.
Regulation of the Beds of Navigable Waters
. It is the policy of the State of Idaho to regulate and control the use or disposition of the beds of navigable waterways 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 upland land owners. (3-18-22)
a. These rules will not be construed as adversely affecting any valid easement or other right granted by the Department prior to May 23, 1984. (3-18-22)
b. The Board or Director will not grant an easement for any use, facility, or structure that would impair those uses of navigable waterways protected under the public trust doctrine. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.020 - FEES AND COMPENSATION

Current through August 31, 2023
01.
Administrative Fee
. Applications for easements must be accompanied by a one-time nonrefundable administrative fee of five hundred dollars ($500). No supplemental compensation in excess of this fee is required for the following: (3-18-22)
a. An easement for a use, facility, or structure for which the navigable waterway poses an obstacle or barrier for construction or operation of the use, facility, or structure, or where the applicant demonstrates, and the Director or Board concurs, that the impact of the use, facility, or structure on the navigable waterways is less than the impact on the other values associated with the adjacent upland such as conservation of resources, significant cost savings to the public, or accessibility. (3-18-22)
b. An easement for a dam that does not produce hydroelectric power and is less than ten (10) feet in height as measured from the natural bed at the downstream side. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.030 - TERM OF EASEMENT

Current through August 31, 2023
01.
Permanent Uses
. A permanent easement will be issued for uses, facilities, and structures that are normally considered permanent in nature, such as bridges, utility crossings, highway fills, and dams. (3-18-22)
02.
Term Easements
. A term easement will be issued for a specific time period of ten (10) to fifty-five (55) years and will be issued for those uses, facilities, and structures not normally considered permanent in nature. (3-18-22)
03.
Federally Licensed Facilities
. The term of an easement for all federally licensed hydroelectric facilities on navigable waterways will run concurrently with the term of such license issued by FERC, or its successor, authorizing the facility. Easements for hydroelectric facilities for which FERC has issued a conduit exemption will not exceed fifty-five (55) years. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.040 - USE, FACILITY, OR STRUCTURE MODIFICATION

Current through August 31, 2023
Modification of an existing use, facility, or structure will require an easement or an amendment to an existing easement and will be processed in the same manner as a new application. Modification includes expanding the use or easement area, or changing the location of the use or easement area. Modification does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, and cables. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.050 - ASSIGNMENTS

Current through August 31, 2023
01.
Assignment Fee
. Easements may be assigned upon prior approval of the Director. The assignor and assignee must complete the Department's standard assignment form and forward it and the nonrefundable assignment fee of fifty dollars ($50) to any Department office. (3-18-22)
02.
Prior Written Consent
. An assignment is not valid without the written consent of the Director which will not be unreasonably withheld. The Department will work diligently to complete assignments within sixty (60) days after receipt of the standard assignment forms and all associated information. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.060 - ABANDONMENT, RELINQUISHMENT, AND TERMINATION

Current through August 31, 2023
01.
Section  58-603, Idaho Code
. The provisions of Section  58-603, Idaho Code relating to rights-of- way apply to all easements over state-owned navigable waterways. (3-18-22)
02.
Non-Use
. Upon termination of an easement for any reason, the Director will provide the grantee with a specific, but reasonable, period of time (up to twelve (12) months) to remove all facilities or structures. Failure to remove all facilities or structures within such time period established by the Director will be deemed a trespass on state-owned navigable waterways. (3-18-22)
03.
Voluntary Relinquishment
. The grantee may voluntarily relinquish the easement at any time by submitting a letter or relinquishment form in recordable format to the Department. Voluntary relinquishment of an easement does not waive or forgive any accrued obligation of the easement holder including the obligation to remove facilities as required in Subsection  060.02. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.070 - PROCEDURE

Current through August 31, 2023
01.
Application
. An easement application submitted to the Department must contain: (3-18-22)
a. A letter of request stating the purpose of the easement; (3-18-22)
b. A survey of the easement; and (3-18-22)
c. One (1) copy of an acceptable written description based on a survey of the centerline or a metes and bounds survey of the easement tract. The applicant may also describe the area occupied by existing uses, facilities, or structures by platting the state-owned navigable waterways affected by the use and showing surveyed or scaled ties to a legal corner at the points where the use enters and/or leaves the navigable waterways. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.09 - EASEMENTS ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.09.080 - EASEMENT ACCESS AND EMERGENCY WORK

Current through August 31, 2023
01.
Use of Land
. The grantee has the right to use such portion of the navigable waterways adjacent to and along said easement as may be reasonably necessary in connection with the installation, repair, and replacement of the use, facility, or structure authorized by the easement. If such activities cause soil disturbance, the destruction of vegetation, and/or entering the bed below the natural or ordinary high water mark, the grantee will obtain prior written authorization from the Department. The grantee is responsible for any damage to lands or other resources outside the easement area. (3-18-22)
02.
Emergency Work
. The grantee is authorized to enter upon navigable waterways lying outside the easement area for the purpose of performing emergency repairs on an easement for damage due to floods, high winds, and other acts of God, provided that the grantee provides written notice to the Department within forty-eight (48) hours of the time work commences. The grantee is responsible for any damage to lands or other resources outside the easement area. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.13 - ADMINISTRATION OF COTTAGE SITE LEASES ON STATE LANDS › Section 20.03.13.000 - LEGAL AUTHORITY

Current through August 31, 2023
The State Board of Land Commissioners has adopted these rules in accordance with Article IX, Section  8  of the Idaho Constitution and Sections  58-104(1)   and  58-304, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.13 - ADMINISTRATION OF COTTAGE SITE LEASES ON STATE LANDS › Section 20.03.13.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.13, "Administration of Cottage Site Leases on State Lands." (3-18-22)
02.
Scope
. It is the intent and express policy of the Board in administration of cottage site leases located on state-owned lands administered by the Board, to provide for a reasonable rental income from those lands in accordance with the requirements of the Constitution of the State of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.13 - ADMINISTRATION OF COTTAGE SITE LEASES ON STATE LANDS › Section 20.03.13.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of these rules, unless otherwise indicated by express term or by context, the term: (3-18-22)
01.
Annual Rental
. The rental paid on or before January 1, in advance, for the following year. (3-18-22)
02.
Board
. The State Board of Land Commissioners. (3-18-22)
03.
Cottage Site
. Any state-owned lot that is leased for recreational residential purposes. (3-18-22)
04.
Department
. The Idaho Department of Lands. (3-18-22)
05.
Lessee
. A tenant of a cottage site. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.13 - ADMINISTRATION OF COTTAGE SITE LEASES ON STATE LANDS › Section 20.03.13.020 - SALE AND ASSIGNMENT - REQUIRED DOCUMENTATION

Current through August 31, 2023
01.
Documentation of Sale
. The lessee must provide the Department, at their expense, the following documents concerning a cottage site sale prior to assignment of the cottage site lease. (3-18-22)
a. The original of the current lease; or (3-18-22)
b. A signed and notarized Affidavit of Loss if the current lease has been lost. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.13 - ADMINISTRATION OF COTTAGE SITE LEASES ON STATE LANDS › Section 20.03.13.025 - LEASE RATE DETERMINATION - ANNUAL RENTAL

Current through August 31, 2023
Annual rental is set by the Board from time to time as deemed necessary. It is the intent of the State Board of Land Commissioners that those rental rates be determined through market indicators of comparable land values. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated by the Idaho State Board of Land Commissioners pursuant to Section  58-104, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.14, "Rules Governing Grazing, Farming, Conservation, Noncommercial Recreation, and Communication Site Leases." (3-18-22)
02.
Scope
. These rules constitute the Department's administrative procedures for leasing of state endowment trust land for grazing, farming, conservation, noncommercial recreation, communication sites and other uses that are treated similarly under the provisions of Section  58-307, Idaho Code, regarding a lease term for no longer than twenty (20) years, and under the provisions of Section  58-310, Idaho Code regarding lease auctions. These rules are to be construed in a manner consistent with the duties and responsibilities of the Idaho State Board of Land Commissioners as set forth in Title 58, Chapter 3, Idaho Code; Article 9, Sections  3,  7  and  8, of the Idaho Constitution; and Section  5  of the Idaho Admission Bill. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
01.
Board Appeal
. All decisions of the Director are appealable to the Board. An aggrieved party desiring to make such an appeal must, within twenty (20) days after receiving notice of the final decision being appealed or in case of a conflict auction within twenty (20) days after the auction is held, file with the Director a written notice of appeal setting forth the basis for the appeal. The Board has the discretion to accept or reject any timely appeal. In the event that the Board rejects hearing the appeal, the decision of the Director will be deemed final. (3-18-22)
02.
Board Decision
. In the event the Board hears an appeal, it will do so at the earliest practical time or, in its discretion, appoint a Board sub-committee or a hearing officer to hear the appeal. The Board sub-committee or hearing officer will make findings and conclusions which the Board accepts, rejects or modifies. The decision of the Board after a hearing, or upon a ruling concerning the Board sub-committee or hearing officer's findings and conclusions, are final. (3-18-22)
03.
Judicial Review
. Judicial review of the final decision of the Board is in accord with the Administrative Procedure Act, Title 67, Chapter 52, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.019 - LESSEE MAILING ADDRESS

Current through August 31, 2023
Unless otherwise notified by the lessee, all lease correspondence from the Department will be sent to the name and address as it appears on the lease application. It is the lessee's duty to notify the Department, in writing, of any change in mailing address. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.021 - LENGTH OF LEASE

Current through August 31, 2023
The Department may issue a lease for any period of time up to the maximum term provided by law. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.030 - CHANGE IN LAND USE

Current through August 31, 2023
The Director may change the use of any state endowment trust land, in whole or in part, for other uses that will better achieve the objectives of the Board. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.040 - RENTAL

Current through August 31, 2023
01.
Rental Rates
. The methodology used to calculate rental rates is determined by the Board. (3-18-22)
02.
Special Uses
. Fees for special uses requested by the lessee and approved by the Department are determined by the Department. (3-18-22)
03.
Rental Due Date
. Lease rentals are due in accordance with the terms of the lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.041 - CHANGE OF RENTAL

Current through August 31, 2023
The Department reserves the right to increase the annual lease rental. Notice of any increase will be provided in writing to the lessee at least one hundred eighty (180) days prior to the lease rental due date. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.042 - LATE PAYMENTS

Current through August 31, 2023
Rental not paid by the due date is considered late. Late payment charges from the due date forward are specified in the lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.14 - RULES GOVERNING GRAZING, FARMING, CONSERVATION, NONCOMMERCIAL RECREATION, AND COMMUNICATION SITE LEASES › Section 20.03.14.049 - BREACH

Current through August 31, 2023
01.
Non-Compliance
. A lessee is in breach if the lessee's use is not in compliance with the provisions of the lease. (3-18-22)
02.
Damages for Breach
. A lessee is responsible for all damages resulting from breach and other damages as provided by law. (3-18-22)