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Idaho Term Easement (3-ID-e)

The Idaho Department of Lands (IDL) requires a Term Easement for access across state lands and for right of ways across state lands. Note, an easement is not required for lands covered under a Geothermal Lease. Term Easements are regulated under Idaho Code 58-603 and IDPA 20.03.08.

Term Easement Process

3-ID-e.1 - Contact IDL Supervisory Area Office

Before an easement application will be accepted, the developer must first contact the appropriate IDL Supervisory Area Office. The supervisory office will determine if the requested easement is viable. An easement application must then be completed and submitted to the IDL Supervisory Area Office.

See Easement webpage.

3-ID-e.2 - Easement Application

An Easement Application must be completed by the developer.

The following items must be included in the application package:

  • A signed and dated easement application;
  • Purpose of easement;
  • A legal description of the easement - either metes and bounds or a centerline description with ties to one and preferably two Public Land Survey System (PLSS) corners;
  • A map and one copy of the above legal description - paper;
  • A map and one copy of the above legal description - digital; and
  • $100 non-refundable easement application fee (Endowment Land Only - Not Submerged Land)

For easements across endowment land, the minimum consideration is $500.

For easements across submerged lands, the cost is a one-time administrative fee of $300.

3-ID-e.3 - Review Application Materials

IDL reviews the application materials to determine whether the easement is in the best interest of the state. Additional information may be required depending on the complexity of the easement.

3-ID-e.4 - Term Easement

IDL will notify the developer whether or not the easement is granted. The developer is required to comply with all restrictions in the Term Easement.

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