Idaho Admin. Code r. 20.03.04.012 - POLICY

01. Environmental Protection and Navigational or Economic Necessity. It is the express policy of the State of Idaho that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. Moreover, it is the responsibility of the State Board of Land Commissioners to regulate and control the use or disposition of state-owned lake beds, so as to provide for their commercial, navigational, recreational or other public use.

02. No Encroachments Without Permit. No encroachment on, in or above the beds or waters of any navigable lake in the state may be made unless approval has been given as provided in these rules. An encroachment permit does not guarantee the use of public trust lands without appropriate compensation to the state of Idaho.

03. Permitting of Existing Encroachments.

a. The provisions of Title 58, Chapter 13, Section 58-1312, Idaho Code, apply.

b. Any new encroachments, or any unpermitted encroachments constructed after January 1, 1975, are subject to these rules.

Notes

Idaho Admin. Code r. 20.03.04.012

Effective March 18, 2022