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 39.03.42.300 - GENERAL REGULATIONS FOR APPROACHES
Current through August 31, 2023
01. Required. All new or additional approaches, or the modification in design or use, relocation or removal of existing approaches require an approved State highway right-of-way use permit and shall meet all access control requirements that correspond to the state highway being affected. (3-31-22)
02. General. Requests for approaches shall be reviewed and considered for approval based on the needs of the total development, regardless of the number of individual parcels it contains. (3-31-22)
03. Joint-Use Approach. Only an owner of property abutting the state highway right-of-way, or their designated representative, can apply for access. Applications for a joint-use approach that serves two (2) or more abutting properties sharing common boundary lines shall be accompanied by a legal recorded joint-use access agreement and shall be signed by all deeded owners or authorized representatives. (3-31-22)
04. Applicable Standards. The location, design, and construction of all approaches shall comply with Department standards. Information regarding applicable standards is available at Department headquarters and all District offices listed in Subsection 003.01. (3-31-22)
05. Approach Locations. Approaches shall be located where the highway alignment and profile meet approved geometric standards, where they do not create undue interference with or hazard to the free movement of normal highway or pedestrian traffic, and where they do not restrict or interfere with the placement or proper function of traffic control signs, signals, lighting or other devices. (3-31-22)
06. Denial of Approach Application. Failure to comply with these requirements may be sufficient cause for the Department to deny an approach application, prohibit specific approach usage, or remove an existing approach. (3-31-22)
07. New Approaches in Highway Construction. Applications for an encroachment located within a state highway construction project shall be processed by the Department. (3-31-22)
08. Modification of Approaches by Department. The Department reserves the right to make any modifications, additions, repairs, relocations, or removals to any approach or its appurtenances within the highway right-of-way, when necessary for maintenance, rehabilitation, reconstruction or relocation of the highway and/or to provide proper protection of life and property on, or adjacent to, the highway. (3-31-22)
09. Modification of Approaches by Permittee. Modifications of approach use, construction, or design shall include but not be limited to width, grade, surface type, landscaping, and drainage. Such modifications by the permittee require Department approval. (3-31-22)
