Idaho State Highway Right-of-Way (3-ID-c)
The ITD regulates state highway rights-of-way pursuant to Idaho Admin. Code r. 39.03.40–39.03.48.
State Highway Right-of-Way Process
3-ID-c.1 – Hold Preliminary Application Conference
The Idaho Transportation District Office holds a preliminary application conference with the developer and advises the developer of the procedures for all approaches and miscellaneous encroachments as well as the length, cost, and complexity of the process. Standards and Procedures for Highway Right-of-Way Encroachments 3.5 The Idaho Transportation District Office will explain:
- The Federal, state, and local regulations as they relate to the permit process;
- The type of permit to apply for;
- The type of access control in effect for that road segment;
- Site specific conditions;
- Options for access location and design; and
- Items that the developer must submit for the Encroachment Permit Application
3-ID-c.2 – Required Documents
The developer is required to submit information to the ITD to evaluate the impacts of the proposed access or encroachment. Standards and Procedures for Highway Right-of-Way Encroachments 3.5. The documents should include at least:
- Vicinity, property, parcel, and ownership maps that indicate all easements, existing accesses, other encroachments, and all contiguous ownership;
- Ownership documents, including all interest or record, mortgages, and trusts;
- Full property description, including township, range, section, bearing, and distance of all property lines, acreage, easements, and subdivision plats if applicable;
- All state highway rights-of-way encroachment permits, state highway projects, and changes made to the property, existing approaches and/or other encroachments since purchase;
- Current and proposed encroachment for the property, including zoning approval and written verification that the proposed use will not degrade a local jurisdiction’s comprehensive plan;
- A complete description of the proposed final use of the property to be served by the permit including each use type, number of units, and square footage;
- All existing and proposed features;
- Development plans or other plan maps, showing both sides of the affected state highway and all corners of any approaches or intersections on, across, adjacent to or near the property affecting access, design, environment, safety, or operation;
- Site plans;
- Anticipated traffic volumes and associated types of vehicles that will use the proposed route;
- Proposed access or other encroachment designs; and
- Construction details for any modification to the state highway rights-of-way. Standards and Procedures for Highway Right-of-Way Encroachments 3.5
3-ID-c.3 - Encroachment Permit Application
Applications for all encroachments within state highway rights-of-way are completed by the issuing District Office or other delegated local highway agency, rather than the applicant. Applications for the installation, modification, relocation, or removal of encroachments located within a state highway construction project are completed by the Resident Engineer. Standards and Procedures for Highway Right-of-Way Encroachments 3.6. Application forms for utility right-of-ways differ from other applications.
3-ID-c.4 – Verify Application is Complete
The ITD verifies the applicant has fulfilled all application submittal requirements and paid all associated costs. Standards and Procedures for Highway Right-of-Way Encroachments 3.7.
3-ID-c.5 – Sign Application and Pay Fee
The developer signs the application, verifying the information is correct and pays the application fee. Standards and Procedures for Highway Right-of-Way Encroachments 3.7.
3-ID-c.6 – Review Application
The ITD reviews the Encroachment Permit Application for possible negative impacts on safety, highway capacity, and the environment. If a conflict exists between the proposed encroachment and existing utilities or other facilities within the state highway rights-of-way or within a state highway project, the permit application is placed on hold until the conflict is resolved. Standards and Procedures for Highway Right-of-Way Encroachments 3.7. The District or delegated local highway agency must review each application for rights-of-way encroachment to ensure that:
- The requirements of each functional highway class and access control type are met;
- All of the provisions established under these standards and procedures are met or a variance of these standards and procedures has been addressed;
- The operational efficiency and safety of the State highway are not compromised;
- All conflicts with existing and proposed facilities and projects, whether public or private, have been addressed;
- Alternative means of access have been identified for operationally unsafe approaches or other encroachments;
- All approaches are designed to adequately serve the needs of the property and the anticipated volume of vehicles. Normally not more than one approach should be provided to any single property tract or business/establishment frontage;
- New approach applications meet the stipulations shown on the property deed. If a determination is made that access rights have been acquired by the Idaho Transportation Department, the application process must follow Standards and Procedures Section 3.15, regardless of access control type;
- All environmental impacts have been addressed; and
- Long-range (20-year) planning goals have been addressed.
Local highway agencies may process applications for encroachments on state highways within Type I-III access control and submit the application, supporting documents, and their recommendation to the ITD within 14 working days for review and concurrence. Upon receiving the application and supporting document the ITD has fourteen working days to make the permit approval determination. Standards and Procedures for Highway Right-of-Way Encroachments 3.14.
The ITD processes and makes all determinations for Type IV and V access control areas (multi-lane and interstate highways). The ITD has fourteen working days to make a determination of permit approval. Thereafter the District Engineer sends the permit package to the State Traffic Engineer within seven days for further review. The State Traffic Engineer has 14 working days to review the application. If the State Traffic Engineer determines the information is incomplete, the State Traffic Engineer must draft a letter within seven working days to the District Office or local highway agency that the information is insufficient and the application will be placed on hold until the developer supplies the additional information. Standards and Procedures for Highway Right-of-Way Encroachments 3.15.
After the State Traffic Engineer completes the review, the State Traffic Engineer sends the permit package and a recommendation to the Chief Engineer. The Chief Engineer has fourteen working days to review and sign the permit application. Standards and Procedures for Highway Right-of-Way Encroachments 3.15.
3-ID-c.7 to 3-ID-c.12 – Does ITD Approve the Application
The ITD determines whether to approve the application. If the ITD approves the application, the ITD issues an Encroachment Permit to the developer. If the ITD does not approve the application, the ITD sends the developer a Denial Letter within seven working days. The developer may appeal the Encroachment Permit Application in writing within 30 days of receipt of the Denial Letter under Idaho Admin. Code r. 39.03.42.003. The ITD then reviews the appeal within 14 working days. If the ITD District Office does not overturn the appeal, the appeal is forwarded to the State Traffic Engineer for an additional 14 working day review. If the State Traffic Engineer does not overturn the appeal, the appeal is forwarded to the Chief Engineer for a final 14 working day review and the Chief Engineer then determines whether to issue an Encroachment Permit on appeal. Standards and Procedures for Highway Right-of-Way Encroachments 3.15.
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