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IDL Rulemaking

September 9, 2022

Rulemaking Docket 20-0317-2201

Overview

IDAPA 20.03.17 - Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands

The Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands (IDAPA 20.03.17) establish a consistent process to authorize specific encroachments on state-owned submerged lands and collect annual rent for their use. These uses typically include marinas, community docks, non-navigational encroachments, and oversized private docks that occupy the state’s lakes. 

Proposed Rules

The proposed rules were published in the Administrative Bulletin on September 7, 2022, pages 209 to 216. 

This rule chapter is published as a new chapter so the proposed rules in the Administrative Bulletin do not show proposed changes in comparison to the current rule.

A strikethrough version of the proposed rule changes is available on our website. 

Negotiated rulemaking was conducted April 6 to June 17, 2022.

Public Comment Period

The proposed rules are open for written public comment September 7 to 28, 2022.

A public hearing will be scheduled, if requested in writing by 25 people, a political subdivision, or an agency, by September 21, 2022.

How to Send Written Comments

Visit: https://www.idl.idaho.gov/submit-a-comment/

Email: rulemaking@idl.idaho.gov

Mail: 

Idaho Department of Lands
Attn: Eric Wilson – Rulemaking
300 N. 6th St., Suite 103
Boise, ID 83702

Fax: (208) 334-3698

Summary of Proposed Changes

Following Executive Order 2020-01: Zero-Based Regulation, this rule chapter is scheduled for review in 2022. The public is invited to participate in the process by attending meetings and submitting written comments during negotiated and proposed rulemaking.

The changes reduce the net word count in the chapter by 664 words, a 17% reduction. The count of restrictive words is reduced by 8 words, a 23% reduction.

Application and assignment fees have been increased to cover the costs of reviewing applications. Based on a workflow analysis, the $200 application fee established almost 30 years ago is increased to $425. 

Late payment requirements are much clearer and better aligned with current practices of the Department. Payment extensions have not been requested by lessees for many years, so their removal is not expected to impact any lessees.

The Department no longer has appraisers available for this program and appraisals for leases have not been needed for many years, so the appraisal changes greatly simplify this process.

Find More Information Online

Find rulemaking documents and additional information on the web page for this rulemaking: https://www.idl.idaho.gov/rulemaking/docket-20-0317-2201/

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