reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The ldaho State Board of Land Commissioners or its authorized representative, or where appropriate, the state of ldaho. (3-18-22)
02.
Commission
. The ldaho Oil and Gas Conservation Commission. (3-18-22)
03.
Collateral Surety Bond and Corporate Surety Bond
. See Subsections  080.04.a. and 080.04.b. (3-18-22)
04.
Department
. The ldaho Department of Lands. (3-18-22)
05.
Director
. The Director of the ldaho Department of Lands or his authorized representative. (3-18-22)
06.
Discretion
. Exercising authority to make a decision, choice or judgment without being arbitrary, capricious or illegal. (3-18-22)
07.
Exploration
. Activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits. (3-18-22)
08.
Final Board Approval
. Approval of a lease occurs after the lease is signed by the Governor, the Secretary of State and the Director on behalf of the Board after approval of the lease by a majority of the Board. All approved leases must first be signed by the Lessee and then by the above-entitled state officials. (3-18-22)
09.
Lease
. A written agreement between the Department and a person containing the terms and conditions upon which the Person will be authorized to use state lands. (3-18-22)
10.
Legal Subdivision
. See Subsection  071.04. (3-18-22)
11.
Lessee
. The person to whom a lease has been issued and his successor in interest or assignee(s). More than one (1) person may be entered as an applicant on the application form but only one (1) person shall be designated in the application for lease or assignment as the lessee of record with sole responsibility for the lease under these rules. (3-18-22)
12.
Lessor
. The Board on behalf of the state of Idaho. (3-18-22)
13.
Motorized Exploration Equipment
. The equipment used in exploration that may appreciably disturb or damage the land or resources thereon as defined in Section  47-703(a), Idaho Code. (3-18-22)
14.
Natural Gas Plant Liquids
. Hydrocarbon compounds in raw gas that are separated as liquids at gas processing plants, fractionating plants, and cycling plants. Includes ethane, liquefied petroleum gases (propane and the butanes), and pentanes plus any heavier hydrocarbon compounds. Component products may be fractionated or mixed. (3-18-22)
15.
Oil and Gas
. Oil and gas means oil or gas, or both. (3-18-22)
16.
Person
. (3-18-22)
a. An individual of legal age; (3-18-22)
b. Any firm, association or corporation that is qualified to do business in the state of Idaho; (3-18-22)
c. Or any public agency or governmental unit, including without limitation, municipalities. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.015 - CONTROL OF STATE LANDS

Current through August 31, 2023
The Director will regulate and supervise pursuant to law and these rules all state lands within the custody and control of the Board. State lands subject to the custody and control of other state agencies will be regulated and supervised by the respective agency in accord with state laws and rules; provided that any lease for oil and gas thereon complies with these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.016 - WITHDRAWAL OF LANDS

Current through August 31, 2023
At any time prior to final Board approval of a lease, the Board reserves the right to withdraw state lands entirely from oil and gas leasing if consistent with its constitutional and statutory duties and in the state's best interests. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.020 - QUALIFIED APPLICANTS AND LESSEES

Current through August 31, 2023
Any person who is not then in default of any contract with the state of Idaho or any department or agency thereof is a qualified applicant and lessee. No member of the Board or employee of the Department may take or hold such lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.021 - EXPLORATION

Current through August 31, 2023
01.
Written Permit Required
. Any appreciable surface disturbing activity, including, but not limited to, motorized exploration on state lands is prohibited except by written permit for exploration for a period of time as determined by the Director. This permit is in addition to any permit required by the Commission. (3-18-22)
02.
Permit Conditions
. The permit will contain such conditions as the Director determines will protect the existing surface uses and resources of the state. The permit applicant must pay in advance the fee required by Section  120. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.045 - ROYALTIES

Current through August 31, 2023
01.
Royalty Payments
. Unless otherwise specified by the Board, the lessee will pay to the state of Idaho in money or in kind to the state at its option a royalty of no less than twelve and one-half percent (12.5%) of the oil and/or gas or natural gas plant liquids produced and saved. The lessee will make payments in cash unless written instructions for payment in kind are received from the state. Royalty is due on all production from the leased premises except that consumed for the direct operation of the producing wells and that lost through no fault of the lessee. (3-18-22)
02.
Royalty Not Reduced
. Where royalties are paid in cash, costs of marketing, transporting and processing oil and/or gas or natural gas plant liquids or all of them produced are borne entirely by the lessee, and such cost will not reduce the lessor's royalty directly or indirectly. If the Director elects to take royalty in kind, the state will reimburse the lessee for reasonable additional storage and transportation costs. (3-18-22)
03.
Oil, Gas, and Natural Gas Plant Liquids Royalty Calculation and Reporting
. All royalty owed to the lessor hereunder and not paid in kind at the election of the lessor will be paid to the lessor in the following manner: (3-18-22)
a. Payment of royalty on production of oil is due and must be received by the lessor on or before the 65th day after the month of production; (3-18-22)
b. Payment of royalty on production of gas and natural gas plant liquids is due and must be received by the lessor on or before the 95th day after the month of production; (3-18-22)
c. All royalty payments must be completed in the form and manner approved by the Department including, but not limited to, the gross amount and disposition of all oil, gas, and natural gas plant liquids produced and the market value of the oil, gas, and natural gas plant liquids; (3-18-22)
d. Lessee must maintain, and make available to the lessor upon request, copies of all documents, records or reports confirming the gross production, disposition and market value, including gas meter readings, pipeline receipts, gas line receipts and other checks or memoranda of the amount produced and put into pipelines, tanks, or pools and gas lines or gas storage, and any other reports or records that the lessor may require to verify the gross production, disposition and market value; and (3-18-22)
e. Each royalty payment must be accompanied by a check stub, schedule, summary or other remittance advice showing, by the assigned lessor lease number, the amount of royalty being paid on each lease. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.051 - DILIGENT EXPLORATION REQUIRED

Current through August 31, 2023
The lessee must perform diligent exploration during the entire term of a lease. Diligent exploration means that the lessee provides continuing efforts as a reasonably prudent operator toward achieving production, including, without limitation, performing geological and geophysical surveys and/or the drilling of a test well. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.056 - WATER RIGHTS

Current through August 31, 2023
The lessee will comply with all state laws and rules regulating the appropriation of water rights. No water rights developed or obtained by the lessee in conjunction with operations under a lease may be sold, assigned or otherwise transferred without written approval of the Director. Upon surrender, termination or expiration of the lease, the lessee must take all actions required by the Director to assign to the Board all water rights, including applications and permits, subject to applicable laws regarding the transfer or assignment of permits to appropriate water. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.070 - SURRENDER - RELINQUISHMENT

Current through August 31, 2023
01.
Procedure
. The lessee may surrender its lease or any surveyed subdivision of the area covered by such lease, by filing a written relinquishment with the Department, provided that a partial relinquishment does not reduce the remaining acreage in the lease to less than forty (40) acres or a government lot, whichever is less. The Director may waive the minimum acreage provision of this rule if he finds it is justified on the basis of exploratory and development data derived from activity on the leasehold. (3-18-22)
02.
Effective Date
. A relinquishment takes effect thirty (30) days after it is received by the Department. Thereafter the lessee is relieved of liability under these rules except for the continued obligation of the lessee and his surety to: (3-18-22)
a. Make payments of all accrued rentals and royalties; (3-18-22)
b. Place all wells on the land to be relinquished in condition for suspension of operations or abandonment; (3-18-22)
c. Comply with all rules of the commission for plugging of abandoned wells; (3-18-22)
d. Comply with applicable laws and rules of the Department of Water Resources; and (3-18-22)
e. Reclaim the surface and natural resources in accord with these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.071 - TERMINATION - CANCELLATION OF LEASE

Current through August 31, 2023
01.
Cause
. Except as otherwise provided in these rules, the Director may terminate the lease for any substantial violation of these rules, the lease, or the rules of the commission, ninety (90) days after notice of the violation has been given to lessee by personal service or by certified mail to the lessee, unless: (3-18-22)
a. The violation has been corrected; or (3-18-22)
b. The violation is one that cannot be corrected within the notice period and the lessee has in good faith commenced within the notice period to correct the violation and proceeds diligently to complete corrective action within a time period set by the Director. If sent by certified mail, such notice will be deemed served upon mailing. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.096 - HOLD HARMLESS

Current through August 31, 2023
The state of Idaho, the Board, the Director, the Department, and any other state agency that may have custody or control of the leased lands, and the owner of the surface rights and improvements, if not the state of Idaho, or state lessee of surface rights, if there be one, the officers, agents and employees of each of the foregoing, are free from any and all liabilities and claims for damages and/or suits for or by reason of death or injury to any person or damage of property of any kind whatsoever, caused by a negligent or otherwise wrongful act or omission of the lessee, its assigns, agents, operators, employees or contractors; and lessee covenants and agrees to indemnify and to save harmless the state of Idaho, the Board, the Director, the Department, or other state agency, or the lessee of surface rights if there be one, and their officers, agents, and employees from all liabilities, charges, expense, including attorney fees, claims, suits or losses caused by a negligent or otherwise wrongful act or omission of the lessee, its assigns, agents, operators, employees or contractors. The lessee's signature to a lease under these rules constitutes express agreement to this rule. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.100 - TITLE

Current through August 31, 2023
The state of Idaho does not warrant title to the leased lands or the oil and gas resources that may be discovered thereon; the lease is issued only under such title as the state of Idaho may have as of the effective date of the lease or thereafter acquires. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.101 - IMPOSSIBILITY OF PERFORMANCE

Current through August 31, 2023
Whenever, as a result of any act of God, or law, order or regulation of any governmental agency, it becomes impossible for the lessee to perform or to comply with any obligation under the lease or these rules, other than payment of rentals or royalties, the Director in his discretion, may by written order excuse lessee from damages or forfeiture of the lease, and the lessee's obligations may be suspended and the term of the lease may be extended provided that the Director finds that good cause exists. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.102 - TAXES

Current through August 31, 2023
The lessee pays, when due, all taxes and assessments of any kind lawfully assessed and levied against the lessee's interest or operations under the laws of the state of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.16 - RULES GOVERNING OIL AND GAS LEASING ON IDAHO STATE LANDS › Section 20.03.16.120 - FEES

Current through August 31, 2023
01.
Exploration Permit
. One hundred dollars ($100) per linear mile or a minimum of one hundred dollars ($100) per section. (3-18-22)
02.
Nonrefundable Nomination Fee
. The nomination fee is set by the Board at a minimum of two hundred fifty dollars ($250) per tract. (3-18-22)
03.
Processing Fee
. The processing fee is set by the Board at a minimum of one hundred dollars ($100) per each document. (3-18-22)
04.
Fee Adjustment
. The Board may annually adjust these fees without formal rulemaking procedures. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.000 - LEGAL AUTHORITY

Current through August 31, 2023
This Chapter is adopted under the legal authorities of Title 58, Chapter 1, Idaho Code, Sections  58-104(6),  58-104(9), and  58-105; Title 58, Chapter 3, Idaho Code, Sections  58-304  through  58-312; Title 58, Chapter 6, Idaho Code; Title 58, Chapter 12; and Title 67, Chapter 52, Idaho Code. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.001 - SCOPE

Current through August 31, 2023
01.
Scope
. These rules govern the issuance of leases on state-owned navigable waterways. While the State asserts the right to issue leases for all encroachments, navigational or non-navigational, upon, in or above the beds or waters of navigable lakes and rivers, nothing in these rules may be construed to vest in the state of Idaho any property, right or claim of such right to any private lands lying above the natural or ordinary high water mark of any navigable lake or river. (3-30-23)
02.
Rules Applicable To All Existing And Proposed Uses And Encroachments
. These rules apply to all existing and proposed uses and encroachments, whether or not authorized by permit under the Lake Protection Act, Title 58, Chapter 13, Idaho Code, or the Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code. These rules provide that a lease may be required in addition to existing permits. See Section  020  of these rules for information about exceptions to lease requirements. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.020 - APPLICABILITY

Current through August 31, 2023
Leases are required for all encroachments defined in subsections  010.08  and  010.09  that are above, across, over, in, through, upon, and under the beds of navigable waterways except: (3-30-23)
01.
Single -Family Docks
. Single-family docks constructed: (3-30-23)
a. On or before July 1, 1993, that occupy less than eleven hundred (1,100) square feet of dock surface area, and for which all required permits and approvals have been obtained. (3-30-23)
b. After July 1, 1993, that occupy less than seven hundred (700) square feet of dock surface area, and for which all required permits and approvals have been obtained. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.030 - LEASE APPLICATION, FEE, AND PROCEDURE

Current through August 31, 2023
01.
Fee
. The non-refundable lease application fee is four hundred twenty-five dollars ($425) for new and existing encroachments. (3-30-23)
02.
Application to Lease and Fee
. The lease application and fee must be submitted with the following information, in sufficient detail for the Department to determine an appropriate lease rate: (3-30-23)
a. A completed application form. (3-30-23)
b. A scale drawing of the proposed lease area with plans detailing all intended improvements, including reference to the nearest known property corner(s). An encroachment or stream channel alteration permit may satisfy this requirement. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.035 - RENTAL

Current through August 31, 2023
Rental rates for submerged land leases are set by Board policy, which is available on the Department website at
http://www.idl.idaho.gov/
. (3-30-23)
01.
Standardized Rental Rates
. The Board sets standard submerged land lease rental rates for common uses such as commercial marinas, community docks, float homes, restaurants, and retail stores. Rental rates for commercial marinas and other uses that produce revenue for the lessee will commonly be calculated as a percentage of gross receipts, however, other methods may be used as the Board deems appropriate. (3-30-23)
02.
Nonstandard Rental Rates
. The Board directs the Department to use a percentage of market value or gross receipts, or other methods determined appropriate by the Board, as the submerged lands lease rental rate for non-navigational encroachments or other uncommon uses. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.036 - YEARLY REPORTING

Current through August 31, 2023
01.
Annual Report
. Lessees must provide an annual report to the Department that includes: (3-30-23)
a. A schedule of moorage rental rates, including moorage sizes and types. (3-30-23)
b. The number and size of all public boat and float home moorages. (3-30-23)
c. The number and size of all private boat and float home moorages. (3-30-23)
d. Current proof of insurance as required by the lease. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.040 - LATE PAYMENT

Current through August 31, 2023
01.
Late Payment of Rent
. Rent not paid by the due date is considered late and will result in the following monthly charges. (3-30-23)
a. A late charge of $25.00 or 1% of the unpaid principal obligation, whichever is greater. (3-30-23)
b. An interest charge of 1% on the unpaid principal obligation. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.045 - APPRAISAL PROCEDURES

Current through August 31, 2023
Appraisals may be used to determine the market value of adjacent uplands for calculating submerged lease rental rates. An appraisal will be conducted by a licensed appraiser selected by the Department, although the applicant may propose an appraiser to the Department. The Department will provide appraisal instructions. The appraisal will be performed in a timely manner, and a copy sent to the Department and the applicant. The expense of the appraisal will be borne by the applicant. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.050 - LEASE AMENDMENT

Current through August 31, 2023
01.
Encroachment Amendment
. A lease amendment must first be authorized through a lake encroachment or stream alteration permit or permit amendment, if required. (3-30-23)
02.
Amendment of Existing Lease
. Amendment of an existing lease will be processed in the same manner as a new lease application, but no fee will be required. Amendment includes change of use, location, size or scope of the lease site, but does not include ordinary maintenance, repair or replacement of existing structures or facilities. (3-30-23)
03.
Modification of Interior Facilities
. If the proposed changes to a facility do not require a new encroachment permit, a lease amendment may still be needed as described in Subsection  050.02  of these rules. The lessee must give written notice to the Department at least ten (10) days in advance of making such changes. The Department will determine if a lease amendment is needed due to the proposed changes. When requested, the lessee must also furnish one (1) set of as-built plans to the Department within thirty (30) days following completion of changes. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.055 - ASSIGNMENTS, ASSIGNMENT FEE

Current through August 31, 2023
01.
Assignment of Lease
. Leases may be assigned upon approval of the Director provided that the lease conforms with Subsection  025.02  and all other provisions of these rules. The assignor and assignee must complete the Department's standard assignment form and forward it to any Department office. (3-30-23)
02.
Assignment Fee
. The assignment fee is two hundred dollars ($200). (3-30-23)
03.
Permit Assignment
. The encroachment permit/stream alteration permit pertinent to a lease must be assigned to a purchaser simultaneously with a lease assignment. A lease assignment will not be approved unless the permit is assigned. (3-30-23)
04.
Approval Required for Assignment
. An assignment is not valid until it has been approved by the Director. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.060 - CANCELLATION AND ADDITIONAL REMEDIES

Current through August 31, 2023
01.
Cancellation of Lease for Violation of Terms
. Any violation of the lease by the lessee, including non-payment of rent or any violation by lessee of any rule now in force or hereafter adopted by the Board may subject the lease to cancellation. The Department will provide the lessee with written notification specifying the violation, corrective action necessary, and a reasonable time to make the correction. If the corrective action is not taken within the specified time, the Department will notify the lessee of cancellation of the lease no later than thirty (30) days prior to the cancellation's effective date. (3-30-23)
02.
Lease Reinstatement
. A lease may be reinstated within ninety. (90) days after cancellation for non payment by paying the rental, plus interest, and a reinstatement fee to be determined by the Board. (3-30-23)
03.
Cancellation of Lease for Use Other Than Intended Purpose
. A lease not used for the purpose for which it was granted may be canceled. The Department will notify the lessee in writing of any proposed cancellation. The lessee has thirty (30) days to reply in writing to the Department to show cause why the lease should not be canceled. Within sixty (60) days, the Department will notify the lessee of the Department's decision in writing. The lessee has thirty (30) days to appeal an adverse decision to the Director. (3-30-23)
04.
Removal of Improvements Upon Cancellation
. Upon cancellation, the Director will provide the lessee with a specific amount of time, not to exceed six (6) months from the date of final notice, to remove any facilities and improvements. Failure to remove any facilities or structures within such time period established by the Director will be deemed a trespass on navigable waterways. (3-30-23)
05.
Additional Remedies Available
. In addition to termination of the lease for the material default of the lessee, the lease may provide for other remedies to non-monetary breach of the lease including, but not limited to: (3-30-23)
a. Civil penalties as determined by the Board and to be collected as additional rent; (3-30-23)
b. The reasonable costs of remedial action undertaken by the Department as a result of the lessee's failure to perform a requirement of the lease. These costs will be collected as additional rent; and (3-30-23)
c. Such other remedies as the Board deems appropriate. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.065 - BOND

Current through August 31, 2023
01.
Bond Requirement Determined by Director
. Bonds may be required for commercial navigational, community dock, and nonnavigational leases. The need for bond will be at the discretion of the Director, who will consider the potential for abandonment of the facility, harm to state-owned submerged land and water resources, the personal and real property of adjacent upland owners and the personal and real property owned by the encroachment owner that is appurtenant to and supportive of the encroachment. (3-30-23)
02.
Performance Bond
. In the event a bond is necessary, the lessee must submit a performance bond in favor of the state of Idaho and in a format acceptable to the Director before a lease is issued. Acceptable bonds include surety, collateral, and letters of credit. The amount of bond is the estimated cost of restoration as established by the Director in consultation with the lease applicant on a case by case basis. To determine restoration costs, the Director may consider the potential for damage to land, to improvements, and the cost of structure removal. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS › Section 20.03.17.075 - OTHER RULES AND LAWS

Current through August 31, 2023
The lessee must comply with all applicable state, federal, and local rules and laws insofar as they affect the use of the lands described in the lease. (3-30-23)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.000 - AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections  38-115,  38-132,  38-402,  58-104(6),  58-105, and  67-5201  et seq., Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.04.01, "Rules Pertaining to Forest Fire Protection." (3-31-22)
02.
Scope
. These rules govern requirements pertaining to forest fire protection. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Incorporated Document
. IDAPA 20.04.01 adopts and incorporates by reference the full text of the following documents published by the San Dimas Technology & Development Center (SDTDC). (3-31-22)
a. Spark Arrester Guide - General Purpose and Locomotive (GP/Loco), Volume 1, September 2012, 1251 1809-SDTDC. (3-31-22)
b. Spark Arrester Guide - Multiposition Small Engine (MSE), Volume 2, August 2012, 1251 1808-SDTDC. (3-31-22)
c. Spark Arrester Guide - Off- Highway Vehicles (OHV), Volume 3, April 2012, 1251 1805-SDTDC. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Block
. A piece of logging equipment where steel rope or cable is actively turning the block's pulley and used as part of a cable logging/yarding system for the specific purposes of establishing tail hold anchor points, intermediate support of main lines, or carriage haul-back capability for the purposes of yarding or hauling of logs to a log landing for transportation to a mill or processing facility. (3-31-22)
02.
Cable or Cable Assisted Logging
. A harvest system for felling or yarding of forest product materials consisting of the use of a cable assisted harvester or the use of a yarder, spar tree, or intermediate support with motorized or non-motorized carriage to transport logs to the landing for further processing purposes. (3-31-22)
03.
Closed Fire Season
. The period from May 10 to October 20, inclusive, of each year or as designated by the Director due to conditions of unusual fire danger pursuant to Section  38-115, Idaho Code. (3-31-22)
04.
Department
. The Idaho Department of Lands. (3-31-22)
05.
Director
. The director of the Idaho Department of Lands or his authorized representative. (3-31-22)
06.
District
. A designated forest protective district. (3-31-22)
07.
Fire Warden
. A duly appointed fire warden or deputy. (3-31-22)
08.
Forest Land
. Any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property. (3-31-22)
09.
Forest Operation
. An activity or service conducted on forest lands involving any of the operations as described below where a Certificate of Compliance is required pursuant to Section  38-122, Idaho Code. (3-31-22)
a. The harvesting of trees using equipment that includes, but is not limited to, felling, bucking, yarding, delimbing, and decking operations; (3-31-22)
b. Thinning or mastication operations for stand improvement, stand density management or fuel reduction purposes; (3-31-22)
c. Road construction or reconstruction of existing roads including installation or improvement of bridges, culverts or structures; and (3-31-22)
d. Slash management including chipping, grinding, or other mechanized reduction activities. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.020 - VARIANCE

Current through August 31, 2023
If conditions or activities require the application of practices that differ from those prescribed in these rules, the Operator must obtain a variance prior to employing any of those differing practices. (3-31-22)
01.
Obtaining a Variance
. In order to obtain a variance, the Operator must submit a written request for a variance to the local Fire Warden. The request must include the following: (3-31-22)
a. A description of the specific Operating Area where the variance is being requested; (3-31-22)
b. The particular conditions that necessitate a variance; (3-31-22)
c. A detailed description of the alternative practice; and (3-31-22)
d. A detailed description of how the alternate practice, if applied, will provide fire protection that is equal to or greater than the fire protection provided by the standards set forth in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.030 - STANDARDS FOR FIRE PROTECTION BY INDIVIDUALS

Current through August 31, 2023
The following rules and standards for protection by owners of forest land who have elected to provide their own protection as provided by Section  38-111, Idaho Code, apply: (3-31-22)
01.
Fire Plans
. Each owner must submit to the director for approval, through the district fire warden in charge of the district in which such forest land lies, before April 1, of each year, a written fire plan that includes, but is not limited to: (3-31-22)
a. A map, with scale of two (2) inches to the mile, revealing section, township, and range lines of the forest land involved and showing thereon roads, streams, trails, and the location of protection facilities for such land. (3-31-22)
b. A description of the system for discovering and reporting any and all fires originating on or spreading to the forest land involved. (3-31-22)
c. A statement showing the number of firefighters available for immediate action to suppress any fire on the forest land; and further, their sources of additional manpower available as firefighters. (3-31-22)
d. A statement showing the type and amount of firefighting equipment in serviceable condition including, but not limited to, fire hose, fire engines, portable pumps, dozers, and mobile equipment for the transportation of men and equipment. (3-31-22)
e. A statement as to the location of fire-tool caches and the number and kind of serviceable hand tools in each cache kept available for immediate use in firefighting, including shovels, hoes, axes, and fire-pump cans. (3-31-22)
f. The name, address, and telephone number of the person who is in charge of the protection facilities and obligated to carry out the provisions of the fire plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.040 - COSTS OF FIRE SUPPRESSION AND PROTECTION

Current through August 31, 2023
Whenever the state incurs costs in controlling or extinguishing a fire that any person willfully or is negligently responsible for, such costs include all actual costs to the state, including wages of full-time personnel and use of equipment of the forest protective district or districts where the fire originated or burned. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.050 - BURNERS

Current through August 31, 2023
Any sawmill, planing mill, shingle mill, or other woodworking plant, or plant manufacturing wood products, operating in or within five hundred (500) feet of forest land, and burning refuse wood material outside of and/or adjacent to such mill or plant, will meet the terms of Section  38-108, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.060 - BURNING PERMITS

Current through August 31, 2023
The burning permit specified in Section  38-115, Idaho Code, is used to protect public health, safety, and welfare. The permit is subject to the following conditions: (3-31-22)
01.
When Permit Required
. Permits issued for open fires are required from May 10 to October 20, inclusive, of each year and are limited to that period of time needed to accomplish the permitted burning; provided, however, in no event will such permit be issued to cover a period of more than ten (10) days. (3-31-22)
02.
Permit Conditions
. Each permit contains all the terms and conditions deemed necessary by the director for such burning, which terms and conditions remain effective for the entire period of the permit. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.070 - PERMIT TO ENTER CLOSED AREA

Current through August 31, 2023
Pursuant to Section  38-115, Idaho Code, the director, because of critical fire hazard, may close specified areas to entry by any person or party. (3-31-22)
01.
Notice of Closure
. Notice of closure to specified areas will be by proclamation of the director and will be published at least once in a newspaper of general circulation throughout the county or counties affected. Such proclamation will immediately be mailed to the fire wardens of the affected districts. (3-31-22)
02.
Fire Warden Permits
. The fire warden in charge of the forest protective district in which such areas are located may, in his discretion, issue permits to individuals to enter such closed areas. The permittee is required to carry a copy of the permit at all times while in the closed area. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.080 - SPARK ARRESTERS

Current through August 31, 2023
01.
Requirements
. The steam or internal combustion engines referred to in Section  38-121, Idaho Code, must be equipped with properly installed, maintained, and effectively working spark arresters that comply with the standards set forth in the San Dimas Technology and Development Center's "Spark Arrester Guide(s)." (3-31-22)
02.
Exemptions
. The following are exempt from the requirements of the rule: (3-31-22)
a. Turbo-charged internal combustion engines in which one hundred percent (100%) of the exhaust gases pass through the turbo-charger. (3-31-22)
b. Engines of passenger-carrying vehicles and light trucks, equipped with baffle-type muffler and tailpipe through which all exhaust gasses pass, that are kept in good repair. (3-31-22)
c. Engines of heavy-duty trucks equipped with a vertical exhaust stack and muffler extending above the cab of the vehicle. (3-31-22)
d. Engines of water pumping equipment used in firefighting. (3-31-22)
e. Engines of helicopters and other aircraft. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.090 - SMOKING IN THE WOODS

Current through August 31, 2023
01.
Smoking Prohibited
. Smoking is prohibited on forest or range lands of the state during periods of critical fire danger as designated by the director. Logging operators must post "NO SMOKING" signs conspicuously in their camps and operating areas when such periods of critical fire danger have been declared. (3-31-22)
02.
Designated Smoking Areas
. Fire wardens may designate those areas where smoking may be permitted upon approval of the director. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.100 - FIRE TOOLS AND FIRE EXTINGUISHERS

Current through August 31, 2023
During closed fire season the following fire tool requirements apply: (3-31-22)
01.
Basic Fire Cache
. Every Operator engaged in any Forest Operation on Forest Lands must have available for firefighting purposes the number of tools and tool boxes set forth in Table 1. A Forest Operation having more than ten (10) people must use multiples of any of the columns in the table to arrive at a tool distribution equal to or in excess of the number of people in the Forest Operation.
TABLE 1
People in Operation
2 - 5
6 - 8
9 - 10
Tool Box
1
1
1
Shovels
2
4
5
Pulaskis
2
4
4
5 gallon pump cans or bladder bags
1
1
2
(3-31-22)
a. The tool boxes required by this rule must be clearly marked "FOR FIRE USE ONLY"; and (3-31-22)
b. The tools required by Subsection  100.01  must be in a location immediately accessible for firefighting purposes, maintained in a serviceable condition and be fully functional at the time of deployment. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.110 - FIRE CREWS

Current through August 31, 2023
When engaged in a Forest Operation on Forest Lands during closed fire season, the person responsible for the Forest Operation must designate a fire crew and a fire foreman, with powers to act for their employer, to take immediate initial action within the scope of their knowledge, skills and abilities and make a reasonable effort to suppress any fire starting on the Operating Area without compromising the safety of the crew. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.120 - RESTRICTED ACTIVITIES

Current through August 31, 2023
01.
Critical Fire Danger
. During periods of critical fire danger, as determined by the director, all persons engaged in any activities in forest areas of the state, determined to be critical, may have those activities restricted to the least dangerous periods of the day. (3-31-22)
02.
Notice
. Notification of such restriction will be by proclamation of the director and will be published at least once in a newspaper of general circulation throughout the county or counties affected. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.130 - WATER SUPPLY AND EQUIPMENT

Current through August 31, 2023
Every Operator conducting a Forest Operation using a cable logging system or a metal tracked harvester during the period of July 1st through September 30th annually must provide the following water supply and fire suppression equipment in the Operating Area. (3-31-22)
01.
Water Supply
. (3-31-22)
a. The water supply must consist of a self-propelled motor vehicle or trailer equipped with a water tank containing not less than two hundred (200) gallons of water. (3-31-22)
b. Trailers used for this purpose must be equipped with a functional hitch attachment and have a serviceable tow vehicle immediately available to provide for timely fire suppression response. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.140 - FIRE WATCH SERVICE

Current through August 31, 2023
Every Operator engaged in a Forest Operation within a Stage 2 proclamation area must provide Fire Watch Service in the Operating Area. (3-31-22)
01.
Duties and Requirements
. Fire Watch Service must consist of at least one (1) person who: (3-31-22)
a. Is constantly on duty for three (3) hours after all power-operated equipment has been shut down for the day. (3-31-22)
b. Visually observes the Operating Area where activity occurred during the day. (3-31-22)
c. Has adequate equipment for transportation and communications to summon fire-fighting assistance in a timely manner; and (3-31-22)
d. Immediately responds to any fire in the Operating Area to initiate such fire suppression actions to suppress the fire within the scope of their knowledge, skills and abilities. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.01 - RULES PERTAINING TO FOREST FIRE PROTECTION › Section 20.04.01.150 - OPERATION AREA FIRE PREVENTION

Current through August 31, 2023
To prevent the spread of fire on or from an Operating Area, every Operator conducting a Forest Operation during the period of July 1st through September 30th, annually, must comply with the following precautions: (3-31-22)
01.
Cable or Cable Assisted Logging
. The following practices and equipment are required by the operator when conducting a cable logging operation on forest land. (3-31-22)
a. Clear the ground of all flammable debris for not less than ten (10) feet slope distance from the point directly below any block. (3-31-22)
b. Prevent moving lines from rubbing on rock or woody material in such a way to cause sparks or sufficient heat that may cause fuel ignition. (3-31-22)
c. Provide a water supply that complies with the capacity, pump, hose, nozzle and readiness requirements set forth in Section  130  of these rules. (3-31-22)
d. Provide at each Block: (3-31-22)
i. One (1) pump equipped can or bladder containing not less than five (5) gallons of water; and (3-31-22)
ii. One (1) round pointed size zero (0) or larger shovel in a serviceable condition. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are adopted pursuant to the rulemaking authority granted in Sections  38-132  and  38-402, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.04.02 - RULES PERTAINING TO THE IDAHO FORESTRY ACT AND FIRE HAZARD REDUCTION LAWS › Section 20.04.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.04.02, "Rules Pertaining to the Idaho Forestry Act and Fire Hazard Reduction Laws." (3-18-22)
02.
Scope
. These rules implement the provisions of the Idaho Forestry Act and Fire Hazard Reduction Laws. (3-18-22)