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 39.03.42.100 - GENERAL

a. The Department shall retain the authority to issue all encroachment permits on the State Highway System. (3-31-22)

b. No change may be made to the control of access on any Interstate Highway without the approval of the Idaho Transportation Board and FHWA. (3-31-22)

a. It is the permittee's responsibility to provide for safe, efficient passage and protection of vehicles, pedestrians, and workers during any permitted work within the highway right-of-way. (3-31-22)

b. The permittee shall submit, for Department approval, a traffic control plan for the installation, maintenance, or removal of any state highway right-of-way encroachment. The permittee shall provide advance notification to the Department prior to implementing any traffic control. (3-31-22)

c. During the progress of the work, barricades, signs and other traffic control devices shall be erected and maintained by the permittee in conformance with the current "Manual on Uniform Traffic Control Devices." The permittee shall be required to meet the minimum requirements of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the Department. (3-31-22)

d. All flaggers working on the State Highway System shall be certified in or recognized by the state of Idaho. They shall carry on their person a current flagger identification card that is recognized by the state of Idaho. All traffic control devices used on the State Highway System shall comply with current FHWA crash criteria. (3-31-22)

e. When required, a striping plan for the placement of temporary and permanent pavement markings shall accompany the approved permit to use the right-of-way. Materials, placement, and removal of all pavement markings shall conform to current Department specifications and standards. (3-31-22)

a. Paved public approach - State maintains to the right-of-way line. (3-31-22)

b. Paved private approach - State maintains to end of radii, permittee maintains beyond the radii. (3-31-22)

c. Gravel public approach. State installs an asphalt wedge sufficient to protect the roadway pavement edge (three (3) to six (6) feet back from the edge of road for the width of the approach). It is desirable to pave the approach to the right-of-way line when the road is reconstructed. State maintains to the right-of-way line. (3-31-22)

d. Gravel private approach. The permittee maintains beyond the wedge. (3-31-22)

e. Gravel turnouts. State maintains turnouts, other than mailbox turnouts, to the right-of-way line. The permittee maintains mailbox turnouts. (3-31-22)

f. Maintenance of all other encroachments shall be the responsibility of the permittee. (3-31-22)