id-20-0308-2501: Easements on State-Owned Lands (ZBR Chapter Rewrite)
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The regulation addresses the process for obtaining easements on land owned by the state. It outlines the requirements and procedures that must be followed for individuals or organizations wishing to use these lands.
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The rule, in full
3,670 words as published, March 05, 2025. View the original →
Dear Senators BURTENSHAW, Hart, Taylor, and Representatives MENDIVE, Shepherd, Galaviz: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Idaho Department of Lands: IDAPA 20.03.08 - Easements on State-Owned Lands (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 20-0308-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 09/08/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 10/06/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Resources & Environment Committee and the House Resources & Conservation Committee FROM: Legislative Drafting Attorney - Alli Olson DATE: August 19, 2025 SUBJECT: Idaho Department of Lands IDAPA 20.03.08 - Easements on State-Owned Lands (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 20-0308-2501) Summary and Stated Reasons for the Rule The Idaho Department of Lands submits notice of a proposed rule for easements on state-owned lands, IDAPA 20.03.08. The Department states that it initiated this rulemaking in compliance with the Zero-Based Regulation Executive Order’s mandate to reduce regulatory burden, which these changes achieve. Negotiated Rulemaking / Fiscal Impact IDL states that negotiated rulemaking was conducted and notice was published in the March 5, 2025, Idaho Administrative Bulletin, Vol. 25-3, pages 19-21. The Department also states that there will not be a negative fiscal impact greater than $10,0000 to the general fund. Statutory Authority The Department appears to have the authority to promulgate this rule pursuant to Sections 58-104 and 58-105, Idaho Code. cc: Idaho Department of Lands Anna Maria Mancini *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirecMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 20 – IDAHO DEPARTMENT OF LANDS 20.03.08 – EASEMENTS ON STATE-OWNED LANDS DOCKET NO. 20-0308-2501 (ZBR CHAPTER REWRITE) NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Section(s) 58-104 and 58-105, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later thanAugust 20, 2025. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: The Idaho Department of Lands initiated this rulemaking in compliance with Executive Order 2020-01: Zero- Based Regulation. This rule chapter is scheduled for a comprehensive review in 2025 and legislative review in 2026 with the goal of simplifying and streamlining the rules for increased clarity and ease of use. The regulatory burden has been reduced by decreasing both the total word count 14.3% and the number of restrictive words 26.7% in the proposed rule. No changes were made that changed the context of the previous rule. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: N/A. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: N/A. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the March 5, 2025 IdahoAdministrative Bulletin, Vol. 25-3, pages 19-21. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: N/A. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Lawson Tate at (208) 263-5104 or ltate@idl.idaho.gov. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or beforeAugust 27, 2025. DATED this 2nd day of July, 2025. Lawson Tate, Right-of-Way Program Manager 2550 Highway 2 West Sandpoint, Idaho 83864 Phone: (208) 263-5104 ltate@idl.idaho.gov IdahoAdministrative Bulletin Page 156 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 20-0308-2501 (ZBR Chapter Rewrite.) 20.03.08 – EASEMENTS ON STATE-OWNED LANDS 000. LEGALAUTHORITY. These rules are promulgated pursuant to and are to be construed in a manner consistent with the duties and responsibilities of the Idaho State Board of Land Commissioners as set forth in Idaho Code Title 58, Chapters 1 and 6, and Article IX, Sections 7 and 8 of the Idaho Constitution. Title 58, Chapter 1, Idaho Code, Title 58, Chapter 3, Idaho Code. (3-18-22)( ) 001. TITLE AND SCOPE.
02. Scope. These rules set forth procedures concerning the issuance of easements on all lands within
the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned submerged lands and formerly submerged lands navigable waterways. Further, t These rules do not apply to easements for hydroelectric projects. (3-18-22)( ) 031. Valid Existing Rights. These rules are not to be construed as affecting any valid existing rights. (3-18-22)( ) 002. ADMINISTRATIVEAPPEALS. An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) days after receipt of written notice of the Director’s decision. (3-18-22)( ) 003. -- 009. (RESERVED) 010. DEFINITIONS.
01. Assignment. The complete transfer of rights and obligations of an easement in good standing from
holder to succeeding right holder (assignor), acknowledged by the Department (servient estate). ( ) 012. Board. The Idaho State Board of Land Commissioners or such representative as may be designated by the Board its designee. (3-18-22)( ) 023. Damage or Impairment of Rights to the Remainder of the Property. The diminution of the market value of the remainder area, in the case of a partial taking. (3-18-22) 034. Department. The Idaho Department of Lands. (3-18-22) 045. Director. The Director of the Idaho Department of Lands or such representative as may be designated by the Director its designee. (3-18-22)( ) 056. Easement.Anon-possessory interest in land for a specific purpose. Such interest may be limited to a specified term. (3-18-22) 067. Endowment Lands. Land grants made to the state of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether Land grants made to the state IdahoAdministrative Bulletin Page 157 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether. (3-18-22)( ) 08. Grantee. The person or entity receiving the property right or permission. ( ) 09. Grantor. The person or entity transferring, selling, or giving the property right or permission. Herein the Department or Board granting a right-of-way, easement or permit. ( ) 0710. Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, for which that the property should bring in a competitive and open market under all conditions requisite to a fair sale an arm’s length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (3-18-22)( ) 11. Right-of-Way. The area on, below, or above a road, highway, street, waterway, or utility easement over which a legal right of passage exists for the benefit of a specific purpose. Such passage and use rights may be limited as defined and limited to a specified term. ( ) 0812. State-Owned Lands. All lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned submerged lands or formerly submerged lands navigable waterways. (3-18-22)( ) 0913. Temporary Permit. An instrument authorizing a specific use on state land usually issued for five (5) years or less, but that may be issued for up to ten twenty (1020) years. (3-18-22)( ) 011. -- 019. (RESERVED) 020. POLICY.
01. Easements Required. Easements are required for all rights-of-way of a permanent nature over
state-owned land. Easements will not be granted when temporary permits will serve the required intended purpose or when a lease is appropriate. (3-18-22)( )
02. Prior Grants. The Director will recognize easements on state endowment lands by grant of the
federal government, or subsequent landowners, prior to title vesting with the State or by eminent domain. (3-18-22)
03. Existing Easements. These rules do not apply to any use, facility or structure described in an
existing easement. For amendment of an existing easement, see Section 025. (3-18-22)
04. Director's Discretion. The Director may grant an a temporary permit or easement over state-
owned land for any legitimate public or private purpose upon payment of appropriate compensation.(3-18-22)( )
05. Reciprocal Easements. The Director may seek reciprocal easements for access to state-owned
lands from applicants for easements over state-owned lands. The value of the easement acquired by the state may be applied towards the cost of the easement acquired from the state. (3-18-22)
06. Interest Granted. An easement grants only such interest to the grantee as is specified in the
instrument, including the right to use the property for the specified purpose without interference by the grantor. The right to use the property for all other purposes not inconsistent with aside from the grantee’s limited interest remains with the grantor. (3-18-22)( )
07. Limit of Director's Discretion. The Director may grant and renew all easements in all cases
except when the compensation will exceed twenty-five thousand dollars ($25,000) the limits as delegated by the Board exclusive of the value of timber and payment for any damage or impairment of rights to the remainder of the property. (3-18-22)( )
08. Width of Easement. The width of any easement granted may not be less than eight (8) feet.
IdahoAdministrative Bulletin Page 158 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking (3-18-22)
09. Recordation. The Department will record the easement, or easement release, with the appropriate
county recorder’s office. (3-18-22)
10. Term Easement. The Director may grant an easement that is issued for a specific time period of
ten (10) to fifty-five (55) years. (3-18-22)( ) 021. FEESAND COMPENSATION.
01. Application Fee. The application fee for new, renewed, or amended easements is one hundred
dollars ($100) and is collected from all applicants. This application fee is in addition to the easement compensation and appraisal costs, and is non-refundable unless the Director determines that the land applied for is not under the jurisdiction of the Board. (3-18-22)
02. Easement Fee. The compensation for permanent easements over state-owned lands covered by
these rules is as follows: COMPENSATION Highways, roads, railroads, reservoirs, trails, Up to 100% of land value plus payment for any damage or canals, ditches, or any other improvements that impairment of rights to the remainder of the property as require long term, exclusive or near exclusive determined by the Director and supported by specific data use and occupation of the right of way such as an appraisal Up to 100% of land value depending on the exclusivity of use as determined by the Director and supported by specific data such Overhead transmission and power lines as an appraisal plus payment for any damage or impairment of rights to the remainder of the property as determined by the Director and supported by data such as an appraisal Up to 100% of land value, depending on the exclusivity use as Buried installations - cables, pipelines, determined by the Director and supported by specific data such sewerlines, waterlines as an appraisal plus payment for any damage or impairment of rights to the remainder of the property, as determined by the Director and supported by specific data such as an appraisal (3-18-22)
03. Appraisal Required. An appraisal of an easement may be required where, in the opinion of the
Director, the easement value will exceed the minimum compensation fee of five hundred dollars ($500). (3-18-22)
01. Easement Fee. The compensation for easements over state-owned lands: Up to one hundred
percent (100%) of market value, plus payment for any damage or impairment of rights to the remainder of the property, and proportional payment for any existing improvements within the right-of-way, such as a road, road surfacing, culverts, and bridges, as determined by the Director and supported by specific data such as an appraisal. ( ) a. Acommensurate portion of the value created by the right of way, as determined by the Director and supported by specific data such as an appraisal. ( ) 042. Performance of Appraisal. The appraisal of the easement will normally be may be performed by qualified dDepartment staff or as determined by the Director. If so desired by the applicant, and agreed to by the Director, the applicant may provide the appraisal that is acceptable to and meets the specifications set by the Director. (3-18-22)( ) 053. Appraisal Costs. An Applicant shall bear the costs of an appraisal. Where the appraisal is IdahoAdministrative Bulletin Page 159 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking performed by the dDepartment staff, the appraisal is two hundred fifty dollars ($250) for a market analysis, five hundred dollars ($500) for a short form appraisal, and one thousand dollars ($1,000) for appraisals of easements requiring Board approval. The appraisal cost is in addition to those costs outlined in Subsections 021.01 and 021.02. In no case will, an applicant will not be charged more than one thousand dollars ($1000) for an appraisal of an easement conducted by departmental staff. (3-18-22)( ) 064. Term Easements. Compensation for term easements will be established by appraisal or as determined by the Director. (3-18-22)( ) 075. Minimum Compensation. The minimum compensation for any easement is five hundred dollars ($500), at the discretion of the Land Board, not including the application fee and appraisal costs. (3-18-22)( ) 022. -- 024. (RESERVED) 025. EASEMENTAMENDMENT. Amendment of an existing easement must be processed in the same manner as a new application. Amendment includes change of use, widening the easement area, or changing the location of the easement area.Amendment does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, cables, and culverts. (3-18-22) 026. -- 029. (RESERVED) 030. EMERGENCY WORK. The grantee is authorized to enter upon endowment lands and other state-owned lands managed by the Department for the purpose of to performing emergency repairs on an easement for damage due to vandalism, floods, fire, high winds and other acts of God, provided that the grantee provides written notice to the Director Department within forty-eight (48) hours of the time work commences. Thereupon, t The Director is authorized to assess any damages to the state lands and seek reimbursement. (3-18-22)( ) 031. -- 034. (RESERVED) 035. COOPERATIVE USE AND RECIPROCAL USEAGREEMENTS.
01. Joint Agreements. The Director may, subject to the approval of the Board, enter into joint
ownership and use agreements with persons, entities, other state, federal, or tribal agenciesr roads providing access to state endowment lands and other state-owned lands managed by the Department. Such agreements must provide that all landowners share proportionately in the cost of building and maintaining the shared road. The proportionate shares are calculated on timber volume, acreage or other unit of value. (3-18-22)( )
02. Reciprocal Use Agreements. The Director may enter into reciprocal use agreements with persons,
entities, or other state agencies for existing roads where such agreements will enhance the management of state endowment lands or other state-owned lands managed by the Department. (3-18-22)( )
03. Applicability. Where the Director has entered into such agreements mentioned in Subsections
035.01 and 035.02 above, Sections 021, 040, and 046 do not apply. (3-18-22) 036. -- 039. (RESERVED) 040. ASSIGNMENTS.
01. FeeForm. Easements issued by the Director or by the Board are assignable provided that the
assignor and assignee complete the Department’s standard assignment form and forward it and the non-refundable assignment fee of fifty dollars ($50) to any department office. (3-18-22)( )
02. Prior Written Consent. An assignment is not valid without the prior written consent of the
Director. Such consent will not be unreasonably withheld. (3-18-22) IdahoAdministrative Bulletin Page 160 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking
03. Multiple Assignments. If a All state easements held by a grantee are may be assigned at one time,
only one (1) assignment fee is required. (3-18-22)( ) 041. ABANDONMENT, RELINQUISHMENT,AND TERMINATION.
01. Section 58-603, Idaho Code. The provisions of Idaho Code Section 58-603 apply to all easements
over state-owned lands. (3-18-22)
02. Non-Use. An easement not used for the purpose for which it was granted, for five (5) consecutive
years, is presumed abandoned and automatically terminates. The Director will notify the grantee in writing of the termination. The grantee has thirty (30) days from the date of notification to reply in writing to the Director to show cause why the easement should be reinstated. Within sixty (60) days of receipt of the statement to show cause, the Director will notify the grantee in writing as to the Director’s decision concerning reinstatement. The grantee has thirty (30) days of receipt of the Director’s decision to appeal an adverse decision to the Board. (3-18-22)
03. Removal of Improvements. Upon termination, the grantee has twelve (12) months from the date
of final notice to remove any facilities and improvements. (3-18-22)
04. Voluntary Relinquishment. The grantee may voluntarily relinquish the easement at any time by
completing an easement relinquishment form provided by the Department . The Department will pay the grantee one dollar ($1) for the relinquishment. (3-18-22)( ) 042. -- 045. (RESERVED) 046. PROCEDURE.
01. Contents ofApplication.An easement Aright-of-way application contains.: (3-18-22)( )
a. A letter of request narrative description stating necessity and the purpose of the easement right-of- way; (3-18-22)( ) b. Amap of the requested right-of-way in triplicate; and (3-18-22)( ) c. One (1) copy of an acceptableAn accurate written legal description based on a centerline survey or a metes and bounds survey of the perimeter of the easement tract. The applicant may also describe the area occupied by existing uses, facilities or structures by platting the state-owned land affected by and occupied by the proposed use and showing surveyed or scaled ties (to a legal corner) at the points where the use enters, occupies and leaves the parcel. (3-18-22)( )
02. Engineer Certification. As required in Section 58-601, Idaho Code, for a Any application for a
ditch, canal or reservoir, the plats and field notes must be certified by the engineer under whose direction such surveys or plans were made and four (4) copies filed with the Department and one (1) copy with the Director, Department of Water Resources as required in Section 58-601, Idaho Code. (3-18-22)( )
03. Where to Submit Application. An easement application may be submitted to any office of the
Department. (3-18-22)( )
04. Notification of Approval. If approved, the applicant will be notified of the amount due to the
Department. (3-18-22)
05. Notification of Denial. If the application is denied, the applicant will be notified in writing of such
decision. (3-18-22) 047. EASEMENTS ON STATE LAND UNDER LAND SALE CONTRACT.
01. Approval of Contract Purchaser. The Director will not approve an easement on lands under
contract of sale (land sale certificate) without the approval of the contract sale purchaser or without reviewing the IdahoAdministrative Bulletin Page 161 August 6, 2025 – Vol. 25-8 IDAHO DEPARTMENT OF LANDS Docket No. 20-0308-2501 Easements on State-Owned Lands ZBR Proposed Rulemaking consideration received to insure that the state’s interests are protected. (3-18-22)
02. Compensation. The compensation for easements on lands under land sale contract will be as set
out in Section 021 except that “land value” may be the sale value. These moneys will be applied to the principal balance on the land sale contract. Additionally, the Department will collect the one hundred dollar ($100) application fee. (3-18-22)
03. Co-Signature of Contract Purchaser. The contract sale purchaser must co-sign the easement to
validate the document. (3-18-22) 0487. -- 999. (RESERVED) IdahoAdministrative Bulletin Page 162 August 6, 2025 – Vol. 25-8
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- Full text (state register) · March 05, 2025
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