Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.42 - RULES GOVERNING HIGHWAY RIGHT-OF-WAY ENCROACHMENTS ON STATE RIGHTS-OF-WAY
Section 39.03.42.010 - DEFINITIONS

01. Shall/Will, Should, May. The use of "shall" or "will," "should," and "may" denote the following conditions: (3-31-22)

02. Access. The ability to enter or leave a public highway or highway right-of-way from an abutting private property or another public highway or public highway right-of-way. (3-31-22)

03. ADT. Average Daily Traffic. The total volume of traffic during a given time period in whole days greater than one (1) day and less than one (1) year divided by the number of days within that time period. (3-31-22)

04. Applicant. Agency, owner, or an authorized representative of the property owner, or utility facility applying for a permit to encroach within state highway rights-of-way. (3-31-22)

05. Appraisal. A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of monetary value for a specific property based on a specific use, as of a specific date, supported by the presentation and analysis of relevant market information. (3-31-22)

06. Approach. A connection between the outside edge of the shoulder or curb line and the abutting property at the highway right-of-way line, intended to provide access to and from said highway and the abutting property. An approach may include a driveway, alley, street, road or highway. (3-31-22)

07. Approach Flare. The approved radius connecting the edge of the approach to the edge of the highway. The term "approach radius" is interchangeable with "approach flare." (3-31-22)

08. Approach Transition. The area from the edge of an urban approach sloped to match the curb and border area elevations. The term "approach apron" is interchangeable with "approach transition." (3-31-22)

09. Approach Skew Angle. For all approaches, the angle of deflection between a line perpendicular to the highway centerline and the approach centerline. (3-31-22)

10. Approach Width. The distance between the outside edges of the approach measured perpendicular to the approach centerline along the curb line or the edge of pavement, excluding flares, transitions and radii. (3-31-22)

11. Authorized Representative. Any applicant, other than the property owner, having notarized written verification signed by the owner giving authorization to act on the owner's behalf. (3-31-22)

12. Auxiliary Lane. The portion of the roadway adjoining the traveled way used for speed change, turning, storage for turning, weaving, truck climbing, and other purposes supplementary to through-traffic movement. (3-31-22)

13. Board. The Idaho Transportation Board, as established by Title 40, Chapter 3, Idaho Code. (3-31-22)

14. Border Area. The area between the outside edge of the shoulder or back of curb and the highway right-of way line. (3-31-22)

15. Boulevard Approach. A two-way approach intended for high ADT volumes of large commercial vehicles, having a maximum width of eighty-four (84) feet in which opposing traffic is separated by a raised four (4) foot wide non-traversible median. (3-31-22)

16. Capacity. The maximum number of vehicles that can reasonably be expected to travel along a lane of a highway during a given time period under prevailing roadway and traffic conditions. (3-31-22)

17. Clear Zone. An area outside the traveled way, auxiliary lanes and shoulders that is constructed and maintained as free from physical obstructions as practical, for use as a recovery area by errant vehicles. (3-31-22)

18. Commercial Approach. An approach serving a business or businesses. (3-31-22)

19. Conduit. A tube or trough for receiving and protecting utility-related structures including, but not limited to, electrical wires, fiber optic cable, and fluids. (3-31-22)

20. Construction. The building of new facilities or the modification of existing facilities. Does not include maintenance. (3-31-22)

21. Corner Clearance. The distance along the curb line or outside edge of the shoulder measured from the beginning or end of the intersecting roadway flare to the nearest edge of the adjacent approach, excluding flares or transitions. (3-31-22)

22. Department. The Idaho Transportation Department (ITD). (3-31-22)

23. Distance Between Approaches. The distance measured along the curb line or outside edge of the shoulder between the nearest edges of adjacent approaches, excluding the flares, transitions or radii. (3-31-22)

24. District. An administrative and maintenance subdivision of the Idaho Transportation Department encompassing a particular geographical region of the state of Idaho, per Section 40-303, Idaho Code. (3-31-22)

25. District Engineer. The administrator of an Idaho Transportation Department administrative district, or a delegated representative. (3-31-22)

26. District Route. A state highway that accommodates trips of limited mobility and provides high levels of access to communities, to include distributing trips to geographical areas and serving major commercial and industrial districts. District routes may provide intra-community continuity and connection, to include local bus routes, but should not be used to provide direct access to residential lots. (3-31-22)

27. Economic Opportunity. Facilitate the increase in Idaho Gross Domestic Product, job creation, increased business, revenue; improve the efficiency in which goods are transported; and reduction in travel times for commuting, commerce, recreation, and tourism. (3-31-22)

28. Emergency. Any unscheduled work required to correct or prevent a hazardous situation that poses an imminent threat to life or property. (3-31-22)

29. Encroachment. Any authorized or unauthorized use of highway right-of-way or the air space immediately above the highway right-of-way. (3-31-22)

30. Encroachment Permit. Written authorization from the Department to use state highway right-of-way or the airspace above it under the conditions set forth in the permit. (3-31-22)

31. Expressway. A segment of a highway designated by the Idaho Transportation Board for use as a through highway, with partially controlled access, accessible only at locations specified by the Idaho Transportation Department, and characterized by medians, limited at-grade intersections, and high speeds. An existing segment of state highway may only be designated as an expressway if payment is made to adjacent property owners for the restriction of existing access rights. (3-31-22)

32. Farming. Any activity associated with crops, including seed. (3-31-22)

33. FHWA. The Federal Highway Administration, a division of the U. S. Department of Transportation. (3-31-22)

34. Fiber Optic Cable. A cable containing one (1) or more glass or plastic fibers that has the ability to transmit light along its axis. (3-31-22)

35. Field Approach. An approach that serves only non-residential agricultural property, including farmyards. (3-31-22)

36. Flare Tangent Distance. The distance of the approach radius measured along the edge of pavement. (3-31-22)

37. Freeway. A segment of a highway designated by the Idaho Transportation Board for use as a through highway, with fully controlled access, accessible only by interchanges (ramps), and characterized by medians, grade separations at cross roads, and ramp connections for entrance to and exit from the traveled way. An existing non-Interstate segment of state highway may only be designated as a freeway if payment is made to adjacent property owners for the restriction of existing access rights. (3-31-22)

38. Frontage Road. A road auxiliary to and located to the side of the highway for service to abutting properties and adjacent areas for the purpose of controlling access to the highway. (3-31-22)

39. Frontage Boundary Line. A line perpendicular to the highway centerline that begins at the point of intersection of the abutting property line and the highway right-of-way line. (3-31-22)

40. Full Control of Access. Any section of a highway system where access is prohibited except for interchange connections. (3-31-22)

41. Government Agency. As used in these rules, the term includes federal, state, county, city, or local highway jurisdictions. (3-31-22)

42. Highway Right-of-Way. Property used for highway purposes, open to the public, and under the jurisdiction of a government agency. Such property may be owned by the government agency in fee simple or be subject to an easement for highway purposes. (3-31-22)

43. Imminent Threat. Includes major traffic control deficiencies or safety situations that are likely to result in serious injury or loss of life. (3-31-22)

44. Interstate Highway. As identified by federal code, a segment of the Dwight D. Eisenhower National System of Interstate and Defense Highways consisting of an FHWA-approved freeway. (3-31-22)

45. Joint-Use Approach. An approach constructed at a common boundary between adjacent properties that abut the highway. A joint-use approach is equally owned and shared as common access by both property owners. (3-31-22)

46. Landscaping. Any action taken to change the features or appearance of the highway right-of-way or abutting property with plants, soil, rock and related material. (3-31-22)

47. Loaded Payroll Rate. A rate of compensation that includes hourly wages plus the associated employer overhead and benefit costs. (3-31-22)

48. Local Highway Agency. Any city, county, highway district or other local board or body having authority to enact regulations, resolutions, or ordinances relating to traffic on the highways, highway rights-of-way and streets within their respective jurisdiction. (3-31-22)

49. Local Road. A city, county or highway district highway whose primary function is to provide access to adjacent properties. (3-31-22)

50. Median. The portion of a divided highway or approach that separates opposing traveled ways. Medians may be raised, flush, or depressed relative to the roadway surface, and may be landscaped or paved. (3-31-22)

51. Median Opening. A paved area bisecting opposite directions of a divided roadway that is designed to permit traffic to cross at least one (1) direction of travel. (3-31-22)

52. MUTCD. The Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition, as adopted by the Idaho Transportation Board in accordance with Section 49-201(3), Idaho Code. A manual written by the Federal Highway Administration that sets national minimum standards for signing, striping, and traffic control devices. (3-31-22)

53. Non-Standard Approach. Any approach that does not meet Department standards. (3-31-22)

54. Performance Bond. A statutory bond, issued by a surety company authorized to do business in the state of Idaho, that guarantees performance of work in accordance with permit requirements. (3-31-22)

55. Permittee. Person or persons, utility facilities, and other agencies granted permission to encroach within the highway right-of-way for authorized purposes other than normal travel. (3-31-22)

56. Private Approach. Every privately owned traveled way that is used for ingress to and egress from the highway right-of-way and an abutting property. (3-31-22)

57. Property Line Clearance. The distance measured along the curb line or outside shoulder edge from the frontage boundary line to the nearest edge of the approach width, excluding flares, transitions and radii. (3-31-22)

58. Public Approach. Any approach that serves the public without restriction and is maintained by a government agency. (3-31-22)

59. Public Highway. Any highway open to public use and maintained by a government agency. (3-31-22)

60. Public Highway Agency. The state transportation department, any city, county, highway district, or any other state agency, or any federal or Indian reservation, which has jurisdiction over public highway systems and highway rights-of-way. (3-31-22)

61. Regional Route. A state highway that accommodates trips of moderate length with a lower level of mobility than a Statewide Route and that provides moderate access to communities, to include providing mobility for people and freight through and between communities and major activity centers of the region. (3-31-22)

62. Roadside. Any area beyond the main traveled way that may or may not be within the highway right-of-way. (3-31-22)

63. Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and other portions of the rights-of-way. (3-31-22)

64. Rural. State highway rights-of-way and right-of-way corridors outside the limits of Urban and Transitional areas. (3-31-22)

65. Setback. The horizontal distance between the highway right-of-way line and permanent fixtures, including but not limited to gas pump islands, signs, display stands and buildings, measured at right angles to the highway centerline. (3-31-22)

66. Shoulder. The portion of the right-of-way contiguous with the traveled way that accommodates stopped vehicles, emergency use, and lateral support of the sub-base, base, and surface courses. (3-31-22)

67. Signal Spacing. The distance between signalized intersections measured from the center of intersection to the center of intersection. (3-31-22)

68. Slope. Slope is expressed as a non-dimensional ratio between vertical and horizontal distance. For side slopes, the vertical component is shown first, then the horizontal. (3-31-22)

69. Speed. The rate of vehicular travel as measured in miles per hour. All speeds used in this document shall be the eighty-fifth percentile speed as determined by an engineering study. (3-31-22)

70. State Highway System. The principal highway corridors in the state, including connections and extensions through cities and roads to every county seat in the state, as approved by the Idaho Transportation Board and officially designated as a state highway. (3-31-22)

71. Statewide Route. A state highway that provides the highest level of mobility and speeds over long distances. Access from a statewide route to communities and major activity centers should be by way of public roads with spacing that supports mobility and speed. (3-31-22)

72. Stopping Sight Distance. The sum of: (3-31-22)

73. Structure. Includes, but is not limited to, bridges, culverts, siphons, headwalls, retaining walls, buildings and any incidental construction not otherwise defined herein. (3-31-22)

74. Subdivision. A division of real property into three (3) or more separately platted parcels. (3-31-22)

75. Temporary Encroachment. Any encroachment that is not approved as a permanent placement within the highway right-of-way. (3-31-22)

76. Traffic. Pedestrians, bicycles, animals, vehicles, streetcars, buses and other conveyances, either singly or together, that use the highway right-of-way for the purpose of travel. (3-31-22)

77. Traffic Control Device. Any marking or device whether manually, electronically, or mechanically operated, placed or erected by an authority of a government agency or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (3-31-22)

78. Traffic Impact Study. A comprehensive analysis of the anticipated transportation network conditions with and without an applicant's proposed new or modified access, including an analysis of mitigation measures. (3-31-22)

79. Transitional. State highway rights-of-way and right-of-way corridors within the area of city impact of any incorporated city, or areas designated as an area of city impact by city or county comprehensive plans. (3-31-22)

80. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders. (3-31-22)

81. Travel Lane. That portion of the traveled way designated for use by a single line of vehicles. (3-31-22)

82. Trenching. A method in which access is gained by excavation from ground level to the required underground depth for the installation, maintenance, removal, or inspection of a cable, casing, conduit or pipe. The excavation is then back filled with approved material and the surface is then returned to a condition specified by the Department. (3-31-22)

83. Turnouts. Roadside areas immediately adjacent to highways which may be utilized by vehicles for purposes of short-term parking or turning. They are extensions of the traveled way. (3-31-22)

84. Unauthorized Encroachment. Any encroachment that has been placed, modified, or maintained, or removed within the highway right-of-way without authorization by the Department. (3-31-22)

85. Urban. State highway rights-of-way and right-of-way corridors within the limits of any incorporated city. (3-31-22)

86. Utility Facility. All privately, publicly or cooperatively owned systems used for the production, transmission, or distribution of communications, cable television, power, electricity, light, heat, petroleum products, ore, water, steam, waste, irrigation, storm water not connected with highway drainage, and other similar items, including communication towers, guy wires, fire and police signal systems, and street lighting systems, that directly or indirectly serve the public or comprise part of the distribution systems which directly or indirectly serve the public. (3-31-22)

87. Utility Locating Service. Any locally or regionally recognized service that locates and maintains records of existing utility facilities. (3-31-22)

88. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon rails or tracks. (3-31-22)

89. Vision Triangle. An area delineated by extending perpendicular lines along the face of curb or edge of pavement from their point of intersection forty (40) feet in either direction and by a height between three (3) feet and ten (10) feet above the existing centerline highway elevation. (3-31-22)

90. Volume. The number of vehicles estimated to use a certain type of travel lane during a twelvemonth period. A highway with "high" volumes is at or near capacity; a highway with "medium" volumes is at or near fifty percent (50%) of capacity. (3-31-22)

91. Warrant. An evaluation of need based on an engineering study. (3-31-22)

92. Working Day. Any day except for Saturday, Sunday and any holiday as defined in Section 67-5302(15), Idaho Code. (3-31-22)