reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.010 - DEFINITIONS

Current through August 31, 2023
01.
Shall/Will, Should, May
. The
			 use of "shall" or "will," "should," and "may" denote the following conditions:
			 (3-31-22)
a. Shall/Will. A mandatory condition
			 or requirement. (3-31-22)
b.
			 Should. An advisory or recommended condition, or usage, but not mandatory.
			 (3-31-22)
c. May. A permissive
			 condition. No requirement is mandated. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.100 - GENERAL

Current through August 31, 2023
01.
Access Control
. (3-31-22)
a. The Department shall retain the authority
			 to issue all encroachment permits on the State Highway System.
			 (3-31-22)
b. No change may be made
			 to the control of access on any Interstate Highway without the approval of the
			 Idaho Transportation Board and FHWA. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.201 - PERMIT COMPLIANCE AND EXPIRATION

Current through August 31, 2023
01.
Permitted Work
. If work does not begin immediately, the permittee shall
			 notify the Department or local highway agency five (5) working days prior to
			 commencing such work. Local highway agency shall promptly notify the
			 Department, when applicable. (3-31-22)
02.
Work Site Documents
. The
			 permittee or contractor for the permittee, shall maintain a copy of the
			 approved permit, all special provisions and any related documents, at the work
			 site while work is in progress. (3-31-22)
03.
Completion of Work
. All
			 permitted work shall be completed and available for final inspection within
			 thirty (30) days after construction begins, unless otherwise stated in the
			 special provisions of the permit. If the permitted work is not completed within
			 one (1) year of permit issuance, the permit shall be considered void. At the
			 discretion of the Department, a one-time extension not to exceed six (6) months
			 may be granted if requested in writing by the permittee prior to permit
			 expiration. New applications shall be required for additional work following
			 permit expiration. (3-31-22)
04.
Temporary Encroachments
. Temporary encroachment permits shall have
			 an effective time period not to exceed one (1) calendar year and shall be
			 removed within ten (10) days following permit expiration. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.300 - GENERAL REGULATIONS FOR APPROACHES

Current through August 31, 2023
01.
Required
. All new or additional approaches, or the modification in
			 design or use, relocation or removal of existing approaches require an approved
			 State highway right-of-way use permit and shall meet all access control
			 requirements that correspond to the state highway being affected.
			 (3-31-22)
02.
General
. Requests for approaches shall be reviewed and considered for
			 approval based on the needs of the total development, regardless of the number
			 of individual parcels it contains. (3-31-22)
03.
Joint-Use Approach
. Only an
			 owner of property abutting the state highway right-of-way, or their designated
			 representative, can apply for access. Applications for a joint-use approach
			 that serves two (2) or more abutting properties sharing common boundary lines
			 shall be accompanied by a legal recorded joint-use access agreement and shall
			 be signed by all deeded owners or authorized representatives.
			 (3-31-22)
04.
Applicable
			 Standards
. The location, design, and construction of all approaches
			 shall comply with Department standards. Information regarding applicable
			 standards is available at Department headquarters and all District offices
			 listed in Subsection 003.01.
			 (3-31-22)
05.
Approach
			 Locations
. Approaches shall be located where the highway alignment and
			 profile meet approved geometric standards, where they do not create undue
			 interference with or hazard to the free movement of normal highway or
			 pedestrian traffic, and where they do not restrict or interfere with the
			 placement or proper function of traffic control signs, signals, lighting or
			 other devices. (3-31-22)
06.
Denial of Approach Application
. Failure to comply with these
			 requirements may be sufficient cause for the Department to deny an approach
			 application, prohibit specific approach usage, or remove an existing approach.
			 (3-31-22)
07.
New Approaches
			 in Highway Construction
. Applications for an encroachment located within
			 a state highway construction project shall be processed by the Department.
			 (3-31-22)
08.
Modification of
			 Approaches by Department
. The Department reserves the right to make any
			 modifications, additions, repairs, relocations, or removals to any approach or
			 its appurtenances within the highway right-of-way, when necessary for
			 maintenance, rehabilitation, reconstruction or relocation of the highway and/or
			 to provide proper protection of life and property on, or adjacent to, the
			 highway. (3-31-22)
09.
Modification of Approaches by Permittee
. Modifications of approach use,
			 construction, or design shall include but not be limited to width, grade,
			 surface type, landscaping, and drainage. Such modifications by the permittee
			 require Department approval. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.401 - MEDIANS

Current through August 31, 2023
01.
Median Placement
. The
			 placement of medians shall meet the following considerations: (3-31-22)
a. Where a traffic engineering study
			 indicates that medians would be beneficial to control access, maintain street
			 capacity, and improve traffic safety. (3-31-22)
b. When medians are selected, non-traversable
			 medians are the preferred median type; however, traversable medians in urban
			 areas may be considered to accommodate emergency vehicles. (3-31-22)
c. Pedestrian/bicycle safety shall be given
			 consideration in the choice and design of medians in areas that are frequently
			 used by pedestrians/bicycles. (3-31-22)
d. construction requirements for all new or
			 modified public approaches to the state highway right-of-way, including private
			 approaches to subdivisions and businesses, shall be reviewed for the need to
			 place medians on the state highway. (3-31-22)
e. Channelization formed by raised curbs,
			 solid painted islands, left turn lanes, or other traffic control installations
			 may be required to create a mandatory right-in/right-out and/or
			 left-in/left-out approach condition. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.402 - AUXILIARY LANES

Current through August 31, 2023
Review Required. Reviews shall be conducted to determine the
				need to provide turn lanes, deceleration lanes and acceleration lanes on the
				state highway prior to issuing an approach permit. Consideration of auxiliary
				lanes shall meet the following conditions: (3-31-22)
01.
Traffic Engineering Study
. A
			 traffic engineering study shall be made that considers highway operating speed,
			 traffic volumes, projected turning movement volumes, availability of passing
			 opportunities, sight distance, and collision history. (3-31-22)
02.
Auxiliary Lanes to Enhance Roadside
			 Business
. Auxiliary lanes shall not be constructed to enhance a new
			 roadside business, unless the applicant is willing to pay the full cost.
			 (3-31-22)
03.
Auxiliary Lanes
			 Required by Planned Development
. Auxiliary lanes required as a result of
			 a planned development, shall be paid for by the developer. When the need for an
			 auxiliary lane exists prior to an application for a planned development, the
			 developer may not be required to pay for the lane unless such construction
			 precedes the Department's construction schedule. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.700 - APPLICATION FEES

Current through August 31, 2023
01.
Fee
			 Administration
. Fees for applications for permits shall be based on the
			 Department's cost to produce the permit and administer the program. Fees for
			 permits are not refundable in the event of denial of the permit or in the event
			 the permittee fails to comply with the permit. Applications shall not be
			 processed until all applicable permit fees are received. (3-31-22)
02.
Fee Schedule
. The permit
			 application fees shall be as follows: (3-31-22)
a. Approaches:
Land Use
							 Category
Permit Application
							 Fee
Residential, < 100 units (includes farm and field
							 approaches)
$50
Residential, [GREATER THAN EQUAL TOO] 100
							 units
$100
Retail, < 35,000 sq. ft.
$50
Retail, [GREATER THAN EQUAL TOO] 35,000 sq.
							 ft.
$100
Office, < 50,000 sq. ft.
$50
Office, [GREATER THAN EQUAL TOO] 50,000 sq.
							 ft.
$100
Industrial, < 70,000 sq.ft.
$50
Industrial, [GREATER THAN EQUAL TOO] 70,000
							 sq.ft.
$100
Lodging, < 100 rooms
$50
Lodging, [GREATER THAN EQUAL TOO] 100
							 rooms
$100
School (K-12)
$100
(3-31-22)
b.
			 Encroachments other than approaches: fifty dollars ($50). (3-31-22)
c. Utility Permits: (3-31-22)
i. Non-interstate: new, modify, relocate with
			 no prior easement rights, fifty dollars ($50). (3-31-22)
ii. Interstate: fees will be addressed at the
			 time of application. (3-31-22)
iii.
			 Interstate and non-interstate: maintenance or emergency repairs with no prior
			 easement rights - No Charge (3-31-22)
iv. Interstate and non-interstate: new,
			 modify, relocate with prior easement rights within an ITD State highway
			 project) - No Charge. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.800 - UNAUTHORIZED AND NONSTANDARD ENCROACHMENTS

Current through August 31, 2023
01.
Compliance
. District Engineers shall ensure compliance with all
			 applicable laws and Department policies relating to the removal or correction
			 of unauthorized and non-standard encroachments in accordance with Department
			 rules and policies. (3-31-22)
02.
Prohibition
. Approaches and other encroachments on state highway
			 rights-of-way that are installed without an approved state highway right-of-way
			 permit, or not constructed in accordance with the Department requirements as
			 stated in the permit, or are naturally occurring adjacent to the state highway
			 right-of-way line and create a hazard, are prohibited, may be removed or their
			 use may be suspended until corrective action is taken. The application process
			 shall be immediately initiated when applicable or the encroachment removed when
			 such a permit cannot be approved. (3-31-22)
03.
Nonstandard Encroachment
.
			 When a permitted encroachment does not meet Department standards, the applicant
			 or permittee shall be given one (1) month to upgrade the encroachment to the
			 encroachment standards. Encroachments may be removed by the Department and
			 legal action initiated to collect the removal cost. (Section
			 40-2319, Idaho Code) The one (1)
			 month period may be shortened if an imminent or immediate threat to the safety
			 of the traveling public is present. Time extensions may be granted by the
			 Department or delegated local highway agency. However, if the permittee does
			 not comply, the permit shall be revoked and the encroachment removed.
			 (3-31-22)
04.
Encroachment
			 Removal
. Any person or entity maintaining an unauthorized encroachment
			 of any kind upon state highway right-of-way shall be served, according to law,
			 with a notice to remove the same. Failure to remove the encroachment within
			 forty-eight (48) hours shall be followed by a certified letter from the
			 Department requesting removal within ten (10) days. If the encroachment is
			 still not removed, the Department shall institute appropriate legal action to
			 have it removed. The Department may take immediate corrective action if an
			 imminent or immediate threat to the safety of the traveling public is present.
			 (3-31-22)
05.
Liability of
			 Applicant
. The applicant may be held liable for injury or damages caused
			 by the unauthorized or non-standard encroachment. The Department shall make no
			 reimbursement for removal of unauthorized or non-standard encroachments nor
			 shall compensation be made for any losses that may arise from their removal.
			 The Department may initiate legal action to recover costs for the removal of
			 unauthorized or non-standard encroachments. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY › Section 39.03.42.801 - PROHIBITIONS

Current through August 31, 2023
01.
Prohibited Uses
. The use of
			 the highway right-of-way or any portion thereof for any of the following uses
			 or purposes shall be prohibited: (3-31-22)
a.
			 Mobile stores, mobile lunch wagons or similar businesses that stop vehicles to
			 offer for sale or sell their wares. (3-31-22)
b. Solicitation or sale of any goods or
			 services, attempts to serve, distribute, petition or recruit, and all
			 associated stopping, standing or parking of vehicles (except
			 Department-approved vending privileges in safety rest areas.
			 (3-31-22)
c. The storage of any
			 substance, equipment or material, including but not limited to logs, lumber,
			 supplies or aggregates. (3-31-22)
d. The abandonment of vehicles or other large
			 objects. (3-31-22)
e. Servicing,
			 refueling and repairing of vehicles, except for emergencies.
			 (3-31-22)
f. The placement of
			 portable objects or signs (material or copy), displays, or other unapproved
			 highway fixtures. (3-31-22)
g.
			 Permanent, temporary or mobile structures, manned or unmanned.
			 (3-31-22)
h. Any obstruction that
			 creates a traffic hazard, including trees, shrubbery, fences, walls,
			 non-standard mailbox stands, or other appurtenances. (3-31-22)
i. Signs or displays that resemble, hide or
			 because of their color, interfere with the effectiveness of traffic signals and
			 other traffic control devices. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY › Section 39.03.43.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under authority of Sections
				40-312(3)  and
				67-5229, Idaho Code, the Idaho
				Transportation Board adopts this rule. (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY › Section 39.03.43.001 - SCOPE

Current through August 31, 2023
The purpose of the policy is to regulate the location, design
				and methods for installing, relocating, adjusting and maintaining utilities on
				State highway right-of-way (ROW) when such use and occupancy is legal, in the
				public interest and will not adversely affect the highway or its users. The
				policy applies to new utility installations, to existing utility installations
				to be retained, relocated, maintained or adjusted because of highway
				construction or reconstruction, and to the relocation of utility facilities
				which are found to constitute a definite hazard to the traveling public.
				(3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY › Section 39.03.43.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Administrative appeals under this chapter shall be governed by
				Section 2.4"Administrative Appeal" of the
				"Utility Accommodation Policy" incorporated by reference. (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY › Section 39.03.43.003 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Idaho Transportation Department incorporates by reference
				the 2023 Edition of the "Utility Accommodation Policy." This publication is
				available for public review on the Department's website at
http://itd.idaho.gov
. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY › Section 39.03.43.004 - SMALL WIRELESS FACILITIES

Current through August 31, 2023
01.
Definitions
. (3-21-22)
a. Small
			 Wireless Facilities (SWF). (3-21-22)
i. The
			 facilities: (3-21-22)
(1) Are mounted on
			 structures fifty (50) feet or less in height including their antennas as
			 defined in 47 C.F.R. §
												1.1320(d); or
			 (3-21-22)
(2) Are mounted on
			 structures no more than ten percent (10%) taller than other adjacent
			 structures; or (3-21-22)
(3) Do not
			 extend existing structures on which they are located to a height of more than
			 fifty (50) feet or by more than ten percent (10%), whichever is greater.
			 (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.44 - RULES GOVERNING HIGHWAY RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY PUBLIC PROGRAMS › Section 39.03.44.000 - LEGAL AUTHORITY

Current through August 31, 2023
Chapters 1 and 20, Title 40, and Chapter 11, Title 58, Idaho
				Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.44 - RULES GOVERNING HIGHWAY RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY PUBLIC PROGRAMS › Section 39.03.44.001 - SCOPE

Current through August 31, 2023
The purpose of this rule is to ensure that persons displaced as
				a result of all state, federal or federally assisted projects are treated
				fairly, consistently and equitably, so that such persons will not suffer
				disproportionate injuries as a result of projects designed for the benefit of
				the public as a whole and further that displaced persons are dealt with in a
				manner that is efficient and cost effective. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.44 - RULES GOVERNING HIGHWAY RELOCATION ASSISTANCE FOR PERSONS DISPLACED BY PUBLIC PROGRAMS › Section 39.03.44.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Regulations Incorporated
. 49 CFR Part 24 Uniform Relocation Assistance
			 and Real Property Acquisition Regulations dated March 2, 1989 and amendments
			 thereto. (4-6-23)
02.
Availability of Records
. Copies of the 49 CFR Part 24 Uniform Relocation
			 Assistance and Real Property Acquisition Regulations can be obtained from the
			 Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.
			 20402. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.47 - RULES GOVERNING CERTIFICATION OF LOCAL IMPROVED ROAD MILEAGE › Section 39.03.47.000 - LEGAL AUTHORITY

Current through August 31, 2023
This rule is adopted under authority of Sections
				40-110(1),
				40-312, and
				40-709, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.47 - RULES GOVERNING CERTIFICATION OF LOCAL IMPROVED ROAD MILEAGE › Section 39.03.47.001 - SCOPE

Current through August 31, 2023
This rule relates to the annual certification of county and
				highway district improved road mileage for the apportionment of highway user
				revenues and sets standards to be followed in determining which roads in
				counties are improved roads. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.47 - RULES GOVERNING CERTIFICATION OF LOCAL IMPROVED ROAD MILEAGE › Section 39.03.47.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Idaho Transportation Department incorporates by reference
				the "Road Inventory Determination of an Improved Road." This publication is
				available on the Department's website:
https://itd.idaho.gov/
. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.47 - RULES GOVERNING CERTIFICATION OF LOCAL IMPROVED ROAD MILEAGE › Section 39.03.47.100 - DETERMINATION OF AN IMPROVED ROAD

Current through August 31, 2023
01.
Status of
			 Improvement
. Highways laid out and marked to include four (4) or more
			 travel lanes shall be considered as two (2) roadways and mileage for each
			 roadway will be eligible for inclusion in the inventory dependent on Status of
			 Improvement as provided below. (3-31-22)
02.
Road Inventory Determination of an
			 Improved Road
. The "Road Inventory Determination of an Improved Road"
			 sets forth standards for an improved road. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.47 - RULES GOVERNING CERTIFICATION OF LOCAL IMPROVED ROAD MILEAGE › Section 39.03.47.201 - BORDER LINE ROADS

Current through August 31, 2023
01.
City
			 Boundaries
. If city corporate boundaries follow the centerline of an
			 approved improved roadway, one-half (1/2) the mileage for each roadway surface
			 along the length of said city boundary shall be included in county or highway
			 district certification. (3-31-22)
02.
County or Highway District
			 Boundaries
. If county or highway district boundaries follow the
			 centerline of an approved improved roadway, mileage will be determined by
			 agreement of the entities or if there is no agreement, then one-half (1/2)
			 shall be attributed to each entity. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.48 - RULES GOVERNING ROUTES EXEMPT FROM LOCAL PLANS AND ORDINANCES › Section 39.03.48.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Transportation Board is authorized by Section
				40-312, Idaho Code, to prescribe
				and enforce rules and regulations affecting state highways; by Section
				40-310, Idaho Code, to determine
				which highways or sections of highways shall be part of the state highway
				system; and by Section
				67-6528, Idaho Code, to identify
				the major transportation systems of statewide importance which would be exempt
				from local plans and ordinances as adopted according to Chapter 65, Title 67,
				Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.48 - RULES GOVERNING ROUTES EXEMPT FROM LOCAL PLANS AND ORDINANCES › Section 39.03.48.001 - TITLE AND SCOPE

Current through August 31, 2023
This rule is titled IDAPA 39.03.48, "Rules Governing Routes
				Exempt from Local Plans and Ordinances." The purpose of this rule is to
				follow-up on a provision contained within Idaho's Local Planning Act concerning
				the designation of transportation systems of statewide importance which are
				exempt from local plans and ordinances. The intent of this legislative
				provision is to prevent local control over improvements to transportation
				systems of statewide importance. However, it is recognized by the Idaho
				Transportation Board that local regulations are necessary to achieve the future
				location, relocation, realignment and other improvements to the state highway
				system in accord with the Idaho Transportation Board's plans. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.48 - RULES GOVERNING ROUTES EXEMPT FROM LOCAL PLANS AND ORDINANCES › Section 39.03.48.100 - STATE HIGHWAY SYSTEM DESIGNATION

Current through August 31, 2023
The state highway system consists of those major highway
				transportation routes designated by the Idaho Transportation Board pursuant to
				Section 40-310, Idaho Code, and is hereby
				determined to be part of the "transportation systems of statewide importance"
				for the purposes of Section
				67-6528, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.48 - RULES GOVERNING ROUTES EXEMPT FROM LOCAL PLANS AND ORDINANCES › Section 39.03.48.200 - LOCAL AGENCIES

Current through August 31, 2023
This rule is not intended to discourage state/local agreements
				or to preclude the cities and counties from adopting and implementing: Zoning
				Ordinances (Section
				67-6511, Idaho Code); Special Use
				Permits (Section
				67-6512, Idaho Code); Subdivision
				Ordinances (Section
				67-6513, Idaho Code); Planned Unit
				Developments (Section
				67-6515, Idaho Code); Future
				Acquisition Maps (Section
				67-6517, Idaho Code); Standards
				(Section 67-6518, Idaho Code); and Permit
				Granting Processes (Section
				67-6519, Idaho Code). The Idaho
				Transportation Board supports a continued cooperative relationship with cities
				and counties concerning local ordinances pursuant to Section
				67-6511 through Section
				67-6519, Idaho Code, where such
				ordinances are beneficial to the state highway system. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.48 - RULES GOVERNING ROUTES EXEMPT FROM LOCAL PLANS AND ORDINANCES › Section 39.03.48.300 - EXISTING STATE HIGHWAY SYSTEM

Current through August 31, 2023
The state highway system is not a permanent configuration or
				mileage because of additions or deletions over time. The official system
				description is kept current in the Department's records and is available to the
				public upon request. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.001 - TITLE AND SCOPE

Current through August 31, 2023
The rule is titled IDAPA 39.03.49, "Rules Governing Ignition
				Interlock Devices," and the purpose of this rule is to establish regulations
				for certification, installation, repair and removal of ignition interlock
				breath alcohol devices. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.100 - CERTIFICATION PROCESS

Current through August 31, 2023
01.
Equipment Standards
. A device must be produced by a manufacturer who
			 maintains certification to the current International Organization for
			 Standardization (ISO) 9001 Quality Management Systems for aspects related to
			 the design, maintenance and distribution of the device. Written documentation
			 demonstrating compliance with this requirement shall be submitted to the
			 Department by the manufacturer on an annual basis. Additionally, a device must
			 meet or exceed the National Highway Traffic Safety Administration's (NHTSA)
			 model specifications for breath alcohol ignition interlock devices (BAIIDs) as
			 published in the Federal Register/Vol. 78, No. 89/Wednesday, May 8, 2013 and
			 are subject to subsequent standards published by NHTSA. Written documentation
			 from an independent testing laboratory that is an International Organization
			 for Standardization (ISO) 17025 certified testing laboratory performing the
			 tests as specified, will be accepted as proof of meeting or exceeding the NHTSA
			 Model Specifications for BAIIDs. The documentation from the ISO 17025 certified
			 testing laboratory shall include: the name, physical location, mailing address
			 and phone number of the testing laboratory; a description of the tests
			 performed; copies of the data and results of the testing procedures; and the
			 name of the device being submitted for approval. (3-31-22)
a. A manufacturer must report in writing to
			 the Department a material device modification if there is a material change
			 affecting the customer functionality, customer communication or accuracy of the
			 device. Upon written receipt of a material device modification, the Department
			 within thirty (30) days will determine whether written documentation from an
			 independent testing laboratory that is ISO 170258 accredited will be required
			 prior to implementing device usage in Idaho. (3-31-22)
b. Devices that were certified under less
			 stringent IDAPA rules governing BAIID devices or previous model specifications
			 as published in the Federal Register will be grandfathered for use in the state
			 for a period no longer than one hundred eighty (180) days from the effective
			 date of the most recent published device specifications at which time the
			 Letter of Certification for the device will be revoked pursuant to Subsection
			 100.05 of these rules, and
			 removed in accordance with Subsection
			 100.07 of these rules.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.200 - INSTALLATION STANDARDS

Current through August 31, 2023
01.
Installer
. Device must be installed by a manufacturer or manufacturer's
			 representative. (3-31-22)
02.
Unauthorized Persons
. Lessees or other unauthorized persons shall
			 not be allowed to watch the installation or removal of the device.
			 (3-31-22)
03.
Security
. Adequate security measures must be taken to prevent
			 unauthorized persons from accessing secured materials (tamper seals,
			 installation instructions, etc.) (3-31-22)
04.
Installation Instructions
.
			 Each manufacturer shall develop written instructions for installation of its
			 device(s). (3-31-22)
05.
Vehicle Condition Screen
. The installer must screen vehicles for
			 acceptable mechanical and electrical condition, in accordance with the device
			 manufacturer's instructions. (3-31-22)
06.
Mandatory Vehicle
			 Maintenance
. Conditions that would interfere with the function of the
			 device, (e.g. low battery or alternator voltage, stalling frequent enough to
			 require additional breath tests, etc.) must be corrected to an acceptable
			 level. (3-31-22)
07.
Installation Standards
. Installations must be made in a workmanlike
			 manner, within accordance to accepted trade standards, and according to the
			 instructions provided by the manufacturer. (3-31-22)
08.
Device Removal Standards
.
			 When a device is removed, the vehicle must be reasonably restored to its
			 original condition. All severed wires must be permanently reconnected and
			 insulated with heat shrink tubing or its equivalent. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.300 - DEVICE MAINTENANCE AND REPORTS

Current through August 31, 2023
01.
Device
			 Examination Schedule
. Each lessee shall have the device examined by a
			 manufacturer or manufacturer's representative for correct calibration and
			 evidence of tampering every sixty (60) days, or more often as may be ordered by
			 the originating court, or less frequently, as may be ordered by the originating
			 court. (3-31-22)
02.
Report
			 of Examination
. A report on the results of each check shall be provided
			 to the trial court administrator or designee of the originating court. The
			 report shall reflect what adjustments, if any, were necessary in the
			 calibration of the device, any evidence of tampering or circumvention, and any
			 other available information the originating court may order.
			 (3-31-22)
03.
Corrective
			 Action Report
. Upon request of the originating court, diversion program
			 administrator or their designee complaints by the lessee shall be accompanied
			 by a statement of the actions taken to correct the problem(s). Reports of the
			 problem(s) and action(s) taken shall be submitted to the originating court or
			 its designee within three (3) business days. (3-31-22)
04.
Additional Report
. Upon
			 request, an additional report will be provided to the Department on a quarterly
			 basis summarizing all periodic checks ordered by the originating court and all
			 complaints received by the manufacturer from the lessee for each model or type
			 of certified device. These reports shall be categorized by: (3-31-22)
a. Customer error of operation.
			 (3-31-22)
b. Faulty automotive
			 equipment other than the device. (3-31-22)
c. Apparent misuse or attempts to circumvent
			 the device, causing damage. (3-31-22)
d. Device failure due to material defect,
			 design defect, workmanship errors in construction, installation or calibration.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.301 - DEVICE SECURITY

Current through August 31, 2023
01.
Tampering or Circumvention Precaution
. The manufacturer shall take all
			 reasonable steps necessary to prevent tampering or physical circumvention of
			 the device. (3-31-22)
02.
Device Identification
. Each device shall be uniquely serial numbered.
			 All reports to the trial court administrator or designee of an originating
			 court concerning a particular device shall include the name and address of the
			 lessee, the originating court's file number, and the unique number of the
			 device. (3-31-22)
03.
Warning Label
. The manufacturer shall provide a label containing a
			 notice (at least ten (10) point boldface type) on each certified device which
			 is visible to the lessee at all times reading: WARNING: ANY PERSON TAMPERING,
			 CIRCUMVENTING, OR OTHERWISE MISUSING THIS DEVICE MAY BE SUBJECTED TO CRIMINAL
			 SANCTIONS. (Section
			 18-8009, Idaho Code)
			 (3-31-22)
04.
Physical
			 Anti-Tamper Security
. (3-31-22)
a. Use
			 unique, easily identifiable wire, covering or sheathing over all wires used to
			 install the device, which are not inside a secured enclosure.
			 (3-31-22)
b. Make all connections
			 to the vehicle under the dash or in an inconspicuous area of the vehicle.
			 (3-31-22)
c. Use unique, easily
			 identifiable tamper seal, epoxy or resin at all openings and exposed electrical
			 connections for the device (except breath or exhaust ports).
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.400 - MANDATORY OPERATIONAL FEATURES

Current through August 31, 2023
Notwithstanding other provisions of this rule, a certified
				device must comply with the following: (3-31-22)
01.
Device Setpoint
. The
			 setpoint of each device to interlock when the breath sample is provided point
			 zero two five (.025) or greater (Section
			 18-8008(2), Idaho
			 Code). The capability to change this setting shall be made secure, by the
			 manufacturer, to prevent unauthorized adjustment of the device.
			 (3-31-22)
02.
Camera
.
			 Every device currently installed in a vehicle must be equipped with a camera
			 that is not located inside the handset and is mounted to the vehicle in such a
			 way to capture a reference photo at the time of installation and a digital
			 image of the driver sitting in the driver's compartment when a breath sample is
			 submitted, refused, or the device is circumvented. The de-vice must store all
			 data, including the image, time, date, and BrAC of the accepted breath sample
			 each time the individual attempts to use the device. (3-31-22)
a. The device camera must function in all
			 lighting conditions. (3-31-22)
b.
			 All images and data collected between calibration periods must be stored in the
			 device's data storage system and be downloadable at the time of calibration by
			 the device manufacturer or manufacturer's representative in order to ensure
			 proper record maintenance. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.401 - OTHER PROVISIONS

Current through August 31, 2023
Notwithstanding other provisions of this rule, each
				manufacturer of a certified device: (3-31-22)
01.
Repair Deadline
. Shall
			 guarantee repair or replacement of a defective device within the state of Idaho
			 within a maximum of forty-eight (48) hours of receipt of complaint.
			 (3-31-22)
02.
Statement of
			 Charges
. The manufacturer or the manufacturer's representative will
			 provide the originating court, diversion program administrator or its designee,
			 and the lessee a statement of all device charges clearly specifying warranty
			 details, purchased cost, and/or monthly lease amount, any additional charges
			 anticipated for routine calibration and service checks, what items (if any) are
			 provided without charge, and under what conditions a lessee is responsible for
			 payment for service calls and/or damage to the device. (3-31-22)
03.
Notice of Installation
. Upon
			 installation of each device, the manufacturer or its representative will
			 provide the trial court administrator, diversion program administrator or
			 designee of the originating court with a notice of installation that includes
			 the name, address and telephone number of the lessee, the originating court's
			 file number, and the unique number of the device. (3-31-22)
04.
Nationwide Service Center
			 Locations
. Prior to installation, the manufacturer or manufacturer's
			 representative will provide the following to all lessees: (3-31-22)
a. A list of all calibration/service
			 locations in the continental United States. The list will include the business
			 name, address and telephone number of all locations. (3-31-22)
b. A twenty-four (24) hour telephone number
			 to call for service support for those who may be traveling outside service
			 areas. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.402 - REMOVAL PROCEDURES

Current through August 31, 2023
When so notified in writing by the originating court, the
				manufacturer or the manufacturer's representative shall remove the device and
				return the vehicle to normal operating condition. A final report, which
				includes a summary of all fees paid by the lessee over the life of the
				contract, shall be forwarded to the originating court, diversion program
				administrator or its designee and the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES › Section 39.03.49.500 - PRIMARY RESPONSIBILITIES OF AGENCIES/OFFICES MONITORING THIS RULE

Current through August 31, 2023
Listed below are some of the primary responsibilities of the
				indicated offices/agencies, as outlined in this rule. (3-31-22)
01.
Testing Lab
. (3-31-22)
a. Test devices for minimum standards.
			 (3-31-22)
b. Submit notarized
			 statement and copy of the Certification Test Report to manufacturer.
			 (3-31-22)
c. Keep log of test
			 results. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.50 - RULES GOVERNING SAFETY REST AREAS › Section 39.03.50.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.03.50, "Rules Governing Safety Rest
			 Areas." (3-31-22)
02.
Scope
. The purpose of this rule is to regulate use of and set standards
			 of behavior for all persons using or visiting developed rest areas.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.50 - RULES GOVERNING SAFETY REST AREAS › Section 39.03.50.100 - SANITATION

Current through August 31, 2023
The following acts are prohibited: (3-31-22)
01.
Designated Trash Containers
.
			 Failing to dispose of all garbage and trash, including paper, cans, bottles and
			 other waste materials by either removal from the site or depositing in
			 designated trash containers. (3-31-22)
02.
Vehicle Refuse or Water
.
			 Draining or dumping refuse or waste from any trailer or other vehicle except in
			 places or receptacles provided. (3-31-22)
03.
Water Facilities
. Cleaning
			 fish or other food, washing clothing or household articles at hydrants or water
			 faucets. (3-31-22)
04.
Water
			 Systems
. Polluting or contaminating water used for human consumption or
			 water systems used for the delivery of such water. (3-31-22)
05.
Comfort Station
. Depositing
			 body waste in or on any portion of a comfort station not intended for that
			 purpose. (3-31-22)
06.
Dumping
. Dumping of household or commercial garbage or trash brought as
			 such from private offsite into any on-site refuse containers or other refuse
			 facilities. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.50 - RULES GOVERNING SAFETY REST AREAS › Section 39.03.50.200 - PUBLIC BEHAVIOR AND TREATMENT OF PUBLIC PROPERTY

Current through August 31, 2023
The following acts are prohibited: (3-31-22)
01.
Behavior
. Indulging in
			 boisterous, abusive, threatening, or indecent conduct or creating unnecessary
			 noise which interferes with the reasonable use of the area by other visitors.
			 (3-31-22)
02.
Treatment of
			 Natural Features or Plants
. Destroying, defacing, cutting, sampling, or
			 removing any natural feature or plant. (3-31-22)
03.
Treatment of Public
			 Property
. Damaging by defacing, plugging, breaking, or removing any
			 facility, fixture, sign or marker provided for use of the public.
			 (3-31-22)
04.
Soliciting
. Selling or offering for sale any merchandise or service
			 other than emergency services for disabled vehicles, such as towing, vehicle
			 repairs, fire response, ambulance or medical response/transport, or vending
			 machines permitted under the provisions of federal law or federal rule and
			 Section 67-5411, Idaho Code.
			 (3-31-22)
05.
Noise Producing
			 Devices
. Operating or using any audio devices, including radio,
			 television and musical instrument, and other noise producing devices, such as
			 electrical generator plants and equipment driven by motors or engines, in such
			 a manner and at such times so as to disturb other persons. (3-31-22)
06.
Fireworks/Incendiary
			 Devices
. Discharging fireworks or any other incendiary device. Fireworks
			 are considered any combustible or explosive substance, but do not include any
			 automotive safety flares or any other emergency or safety device.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.50 - RULES GOVERNING SAFETY REST AREAS › Section 39.03.50.300 - OCCUPANCY OF DEVELOPED REST AREAS

Current through August 31, 2023
The following acts are prohibited: (3-31-22)
01.
Camping/Occupancy of Site
.
			 Camping or occupying a rest area for any purpose other than rest and relaxation
			 from the fatigue of travel. (3-31-22)
02.
Assembling
. Assembling or
			 attracting groups of people except for public service functions by civic,
			 fraternal or religious organizations as approved by the Department.
			 (3-31-22)
03.
Time
			 Limits
. Occupancy of the rest areas on interstate highways is limited to
			 ten (10) consecutive hours. Occupancy of rest areas on other routes of the
			 State Highway System is limited to sixteen (16) consecutive hours.
			 (3-31-22)
04.
Fires
.
			 Building fires outside the confines of a stove, grill or fireplace.
			 (3-31-22)
05.
Failure to
			 Clean
. Failing to clean the space occupied before departing.
			 (3-31-22)
06.
Animals
. (3-31-22)
a. Bringing a dog,
			 cat or other animal into a rest area unless it is a certified service animal or
			 crated, caged, leashed or otherwise under physical restrictive control at all
			 times. (3-31-22)
b. Permitting a
			 dog, cat or other animal to exercise and/or defecate in areas outside of
			 specifically designated pet areas. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.50 - RULES GOVERNING SAFETY REST AREAS › Section 39.03.50.400 - VEHICLES

Current through August 31, 2023
The following acts are prohibited: (3-31-22)
01.
Rates of Speed
. Operating
			 any motor vehicles in excess of fifteen (15) mph speed within the confines of a
			 rest area with the exception of acceleration or deceleration ramps.
			 (3-31-22)
02.
Driving or
			 Parking
. Driving or parking a vehicle or trailer except in places
			 developed for such purpose. (3-31-22)
03.
Careless Driving
. Driving a
			 vehicle carelessly and heedlessly in disregard of the rights or safety of
			 others; or driving at a speed, or in a manner which endangers, or is likely to
			 endanger, any person or property. (3-31-22)
04.
Paths/Roads/Trails in Rest
			 Areas
. Operating any vehicle on paths, roads, or trails in developed
			 rest areas for any purpose other than entering or leaving the area, unless
			 specifically allowed by appropriate signage. (3-31-22)
05.
Accelerating Engine
.
			 Excessively accelerating the engine of any vehicle or motorcycle when such
			 vehicle is not moving or is approaching or leaving the rest area.
			 (3-31-22)
06.
Skateboards/Rollerblades
. Use of skateboards or rollerblades on
			 sidewalks or in areas primarily intended for use by motor vehicles.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Transportation Board adopts this rule under the
				authority of Section
				40-312, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.03.60 "Rules Governing Outdoor
			 Advertising, Accident Memorials, and Other Official Signs," IDAPA 39, TITLE 03,
			 Chapter 60. (3-31-22)
02.
Scope
. This rule contains guidelines for the control of outdoor
			 advertising signs, structures or displays along the interstate, primary system
			 of highways, and National Highway System roads of the state of Idaho pursuant
			 to Chapters 1, 3, and 19, Title 40, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.60 - RULES GOVERNING OUTDOOR ADVERTISING, ACCIDENT MEMORIALS, AND OTHER OFFICIAL SIGNS › Section 39.03.60.010 - DEFINITIONS

Current through August 31, 2023
The Idaho Transportation Department adopts the definitions set
				forth in Sections
				40-101 through
				40-127, Idaho Code. In addition,
				as used in this chapter: (3-31-22)
01.
Advertising Structure(s) or Sign(s), or Advertising Display(s)
.
			 Any outdoor structure, display, light device, figure, painting, drawing,
			 message, plaque, poster, billboard, or other thing which is designed, intended,
			 or used to advertise or inform. These do not include: (3-31-22)
a. Official notices issued by any court or
			 public body or officer. (3-31-22)
b. Notices posted by any public officer in
			 performance of a public duty or by any person giving legal notice.
			 (3-31-22)
c. Directional, warning,
			 or informational structures required by or authorized by law, informational or
			 directional signs regarding telephone service, emergency telephone signs,
			 buried or underground cable markers and above cable closures.
			 (3-31-22)
d. An official or public
			 structure erected near a city or county, and within its territorial or zoning
			 jurisdiction, which contains the name of such city or county, provided the same
			 is maintained wholly at public expense. (3-31-22)