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 39.03.42.200 - APPLICATIONS AND PERMITS

Current through August 31, 2023
01.
Required
. To help preserve the highways as constructed and provide
			 responsible growth where allowed, any individual, business, or other entity
			 planning to add, modify, change use, relocate, maintain, or remove an
			 encroachment on the state highway or use highway right-of-way for any purpose
			 other than normal travel, shall obtain a permit to use state highway
			 right-of-way. Encroachment permits approved by the Department are required for
			 private and public approaches (driveways and streets), utilities and other
			 miscellaneous encroachments. (3-31-22)
02.
Work Prior to Approval
. No
			 activities shall be allowed on State highway rights-of-way until an approved
			 permit has been issued by the Department or a delegated local highway agency.
			 In an emergency, that effects highway operations and motorist safety, approval
			 may be given by the Department or a delegated highway agency in advance of
			 processing the permit. (3-31-22)
03.
Local Highway Agency
			 Authority
. The department may delegate authority to a local highway
			 agency to issue permits to use state highway rights-of-way if adequate local
			 ordinances are in place and are enforceable. The Department shall retain final
			 approval for all permits issued by a local highway agency on the State Highway
			 System. (3-31-22)
04.
Administration
. Permitting process shall be administered by the
			 Department or their delegated representative, within the representative's
			 respective jurisdiction. Department District offices are located in Coeur
			 d'Alene, Lewiston, Boise, Shoshone, Pocatello and Rigby. (3-31-22)
05.
Application Forms
. All
			 applications to use State highway right-of-way shall be made on approved
			 Department forms. (3-31-22)
06.
Applicant to Be Informed
. Applicants shall be informed of
			 Department policies and regulations concerning encroachments.
			 (3-31-22)
07.
Payment for
			 Impacted Highway Features
. Applicants shall pay for any changes or
			 adjustments of highway features or fixtures brought about by actions,
			 operations or requirements caused by the applicant. (3-31-22)
08.
Encroachment Conflicts
.
			 Conflicts between proposed encroachments and highway maintenance or
			 construction projects, utilities or other encroachments shall be resolved
			 before an application is approved. (3-31-22)
09.
Review Process
. The review
			 process shall commence on the day the applicant submits the signed application
			 and makes payment of the initial application fee(s). If the Department
			 determines there is insufficient documentation to process the application, the
			 process will be placed on hold until such documentation has been received. All
			 applications for encroachment permits shall be reviewed and evaluated for
			 current access control requirements, deed restrictions, safety and capacity
			 requirements, design and location standards, or an approved variance of these
			 standards, environmental impacts, location conflicts, long-range planning
			 goals, and the need for an appraisal. A time table for the review process is
			 available at the Idaho Transportation Department Headquarters Office or any
			 District Office. (3-31-22)
10.
Department Held Harmless
. In accepting an approved permit, the
			 permittee, their successors and assigns, shall agree to hold harmless and
			 defend, regardless of outcome, the state from the expenses of and against all
			 suits or claims, including costs, expenses and attorney fees that may be
			 incurred by reason of any act or omission, neglect or misconduct of the
			 permittee or its contractor in the design, construction, maintenance or
			 operation of the encroachment. (3-31-22)
11.
Permit Requirements
. All
			 permits shall specify approach location and use, and be accompanied by approved
			 traffic control plans, design details and specifications that address dust
			 control, site reclamation, environmental protection and work site safety. The
			 applicant shall be required to submit construction plans stamped by an engineer
			 licensed in the state of Idaho to the Department for approval.
			 (3-31-22)
12.
Void
			 Application
. Once an application is submitted, if the permitting process
			 is not completed within one (1) year as a result of inactivity on the
			 applicant's part, the application shall be considered void. (3-31-22)
13.
Denial of Application
.
			 Applications for encroachments not allowed shall be verbally denied. If the
			 applicant insists on proceeding with the application, the non-refundable fee
			 shall be accepted and a permit denial issued by certified letter. Upon receipt
			 of the denial letter, the applicant can appeal the Department's action.
			 (3-31-22)